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86-- -- 104119 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />r Borrower shall pay the premiums required to maintain the insurance <br />in effect until such time as the requirement for the <br />insurance <br />terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time <br />ofor prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, director <br />consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of <br />condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceed~ shall he applied to the sums secured by this Security <br />Instrument, whether or not then due, with <br />any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before <br />the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance be <br />paid to Borrower. shall <br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the is <br />notice <br />given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property <br />or <br />to the sums secured by this Security Instrument• whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such <br />payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for or <br />payment <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's in <br />successors interest. <br />Lender shall not be required to commence proceedings against any in interest <br />successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand <br />made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver ofor preclude the <br />exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability: Co- signers. The covenants and agreements <br />of <br />this Security Instrument shall bind and benefit thesuccessors and assigns of Lender and Borrower, subject to the <br />provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms <br />of this Security Instrument, (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender <br />and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with <br />ix <br />regard to the terms of this Security instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges• and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the <br />g permitted limit; and (b) any sums already collected from Borrower which exceeded <br />limits <br />permitted will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct <br />._: <br />payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect <br />of <br />rendering any provision of the Note or this Security instrument unenforceable according to its terms, Lender, its <br />at option. <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender <br />exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering n or by <br />mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be by <br />first <br />given <br />class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any <br />notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Iaw; Severability. This Sccunty Instrument .hall be governed by federal law and the law of the <br />Jurisdiction in which the Property located. <br />is Ili the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law• such <br />conflict shall not affect other provisions of this Security Instrument or the Note <br />which can he given effect without the <br />conflicung provision. To this end the provisions of this Security Instrument and the <br />No;e are declared to be severable <br />16. Borrower's Copy. Borrower shall be given tine conformed cop% of the. Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest <br />in Borrower. If all or any part of the Property or any <br />interest In i t is sold or transferred (or i a beneficial interest in Borrower is sold or transferred Borrower <br />and is riot a natural <br />person) without Lender's prior written consent, lender may, at it, opnon, require nt:mediatc payment in full of all sunis <br />secured by this Security Instrument. Howe %er, this option shall he <br />not e.xeici,ed by [ender it exercise is prohibited hs <br />federal law as of the date of this Security instrument. <br />If Lender exercises this option, Lerider shall %e Horrower <br />kt notice of acceleration The notice shall Prot ode a period <br />of not less than 30 days from the date the notice is delt%ered or mailed wnhnn which Borrower <br />nius; pay all sums secured by <br />ihis Security instrument. if Borrower fails to pay these sums prior to the expiranon of this Lender <br />period, may invoke ;uty <br />remedies permitted by this Security Instrument without furttier notice yr demand cm Borniwer <br />18. Borrower's Right to Reinstate. 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