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86- 105784 <br />If Lakler ragrina{ wi0rtpw insurance as a condition of making the loan secured by this Security Instrument, <br />ft-owes shall pay tie pre siunas required to maintain the insurance in effect until such time as the requirement for the <br />1 + . <br />istsarat)oc tartaitpttes in accordance wkh Borrower's and I ernder's written agreement or applicable law. <br />L atgae4an. I ender at its agent may crake reasonable entries upon and inspections of the Property. Lender shall <br />give Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />CaoissrMimL fir proceeds of nay award or claim for damages. direct or consequential, in connection with any <br />cosdamnahos or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned <br />and sal be paid to Lender. <br />is the'' - ere- of a foal taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whel6er or am then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />adleaa Bottowes and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the <br />amount of the I , --eds multiplied by the followrnrg. fraction: (a) the total amount of the sums secured immediately before the <br />takiil, ririded by'(b) the fair market value of the Property immediately before the taking. Any balance shall be paid to <br />Borrower. <br />If the Property is adasdoned 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 notice is <br />gives, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unless Leader and Harrower 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 payments. <br />Ig. Borrower NO ktslrswsL- Forbearance By Lesser No a Wsdver. Extension of the time for payment or modification <br />of amortization of the sums seemed by this Security Instrument granted by Lender to any successor in interest of Borrower <br />SW mot operate to release the liability of ttx original Borrower or Borrower's successors in interest. Lender shalt not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />11. Sweoemaea and Amps Bound; JeW and Several 13rhiWy; Co- signers. The covenants and agreements of this <br />Security Instrument shalt bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragrapi 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does sot execute the Now (a) is co- signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br />forbear or make any accommodations with regard to the tents of this Security Instrument or the Note without that <br />Borrower's consent. <br />IL Loan Chase. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />chargm, and that law is f in g <br />finally tesprexed so Iha! the interests or other loan charges collected or to be collected in connection <br />with the ban sensed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce <br />the change to the permitted tint; and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Barrown. Under may choose to make this refund by reducing the principal owed under the Note or by making <br />a direct payment to borrown. If a refund reduces principal, the reduction will be treated as a partial prepayment wihout any <br />prepayment charge undo the Note. <br />13. LegYNse Athdiog Lesier's Ildghts. If enactment or expiration of applicable laws has the effect of rendering any <br />Provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, may require <br />immediate payment in fall of all sums secured by this Security Instrument and may invoke any remedies permitted by <br />paragraph 19. if lender eecacises this option. Lender shall take the steps specified in the second paragraph of paragraph 17. <br />It IMalitta. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />auding it by first class mad unless applicable law requires use of another method. The 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 given by first <br />Cho mail to Leader's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in <br />this paragraph. <br />13. Cov rdug Law; Severali ty. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiiclion in which the Property is located. In the event that any provisions or clause of this Security Instrument or the <br />NOW conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflic"S provision_ To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />1i. Des own s Copy. Borrower shalt be given one conformed Copy of the Note and of this Security Instrument. <br />17.7tasllar of the Property ar • 1enellekal Insereal In Borrower. If all or any part of the Property or any interest in it <br />is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) <br />without Leader's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by <br />this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of <br />the elate of this Security Instrument. <br />If Leader exercises this option. Lender sha0 give Borrower notice of acceleration. The notice shall provide a period of <br />sot loss than 90 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by <br />this Security Instrument- If Borrower fats to pay these gums prior to the expiration of this period. Lender may invoke any <br />ramedin - , 1 111 by this Se mitt' Instrument without further notice or demand on Borrower. <br />fg. On nwant hilt M ■daslele. If Borrower meets certain conditions, Borrower shalt have the right to have <br />calbro orm of this Security In trunwo discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />spoieaDie law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Smalley Instrument; or (b) entry of a judgraw enforcing this Security Instrument. Those conditions are that Borrower: (a) <br />pays tender all sums wiicL then would be due under this Security Instrument and the Note had no acceleration occurred: (b) <br />L <br />cores an defadt of sty other covenants or agreements; (c) pays elf expenses incurred in enforcing this Security Instrument, <br />isdwftg, but trot limited t0, reasonable attorney's fees; and (d) takes such action as Bender may reasonably require to assure <br />flat tit lice of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />h <br />by Idds Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the <br />obligations secured hereby shall remain fogy effective as if no acceleration had occurred. However, this right to reinstate shall <br />rot apply in the ease of acceleration under paragraph& 11 or 17. <br />