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85- 000378 <br />( <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance 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 of or prior loan inspection specifying reasonable cause for the inspection. <br />9, Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall he paid to Lender. <br />in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />instrument, whether or not then due, with 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 he reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided bt (b) the fair market value of the Property immediately before the taking. Any balance shall he <br />paid to Borrower. <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 notice is <br />given, 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 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 payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <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 Horrower's successors in interest. <br />Lender shall not he required to commence proceedings against any successor in interest 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 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 of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />this Security Instrument shall hind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower \v "ho co -signs this Security <br />Instrument but din% not execute the Note: (a) is co- signing this Security Instrument only" to mortgage, grant and convey <br />that Borrower's interest in the Prorurty under the terms of this Security Instrument. (b) is not personally obligated to pas <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Levan Charges. If the loan secured by this Security instrument is subject to a law which sets maximum Iran <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to he 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 permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Noteor by making a direct payment to Borrower. ifa refund reduces principal. the reduction will he 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 M <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender. at Its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any icnledics <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified Ill the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for it this Security Instrunicnt shall be given by dcloering it or h} <br />mailing it by first class trial] unless applicable law requires use of another method, the notice \ha)l 1',e directed to the <br />Property Address or any other address Borrower designates by nencc to Lcnder. Any notice to Lender shall he given by <br />first class mail to Lender'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 becit liken In Borrower or Lcnder when given as pro%ided <br />in tiros paragraph. <br />15. (governing haw; Severability, i sus Seeunty Instrument shah he eo\rnsrd ht fidcral Law anti the i:9a oa the <br />jurisdiction in which the Properly Is located. In the event that any pro%i%wn or clause td fills security Insil "unlent of file <br />Note conflicts with applicable law, siteh COnfliCt shall not affect t,Oler pro\isltlis IIi this ;ectlllt\ Insinitnent 0r the Note <br />which call tic given effect without the conflicting provision. fo this end file prmiswns of this Secirnt Insirunarttl and the <br />Note are declared to he severable. <br />16. Borrower's Copy. HornYwer shall lie given t••nr ,'rnfi}rrned ct,pit t41 he Note and +,f Ihls ticcwifN InslTtinent <br />17. Transfer of the Property or a Beneficial Interest in Borrower. II ;ill t,r anv part of Ili(- i'r,,pett% i,t mi. <br />Interest it it 1s cold or transferee! (or if a Ilenetieial interest tit Horrower Is sold or lr:nntrrted ;111if HoTI(lwCI r. nil a nalulal <br />Ixrson) % %nhout Lender's prier written consent, Lcnder nay. al 1is npnon, reg11lrC 1111nledl;ur pattticnt Ill 11111 of ;,I] sires <br />++cured by this Security Insiraunent, llowcver, this o11uon sliall nc,t he cvclCised ht Lcnder t(cv,rrlse Is 11rl,InhnCd bt <br />f,deral Law asot`tltt date of 1Pus 5ccurity Instrument <br />If Lender exercises this option. Lcnder shall give Borrower nnn,e of ac crlrlanon f hC 1WIWC +hail 11rn1 Ids .I 11el lid <br />[,t not less than 10day -s front thedcllc the n011ee isdch\c'r'ed of timiled \\1lhill M1101 H0110%%el full't pil\ all `•Illllw 1lcutt'd h\ <br />flat] Se4 tirity In%frunicni. If Borrower fails to pay the ".L' "Ill]% 111­101. 111 lilt' r tpililliml t,1 fills pee wd, I CIId"I in�I\ tn\nl,e;Im <br />rentedfes permitted by this Security Instrument %%ohout further Ill,ticc or deniwitf on lim rower <br />18. Borrower's Right to Reinstate, 11' Kit toixer mvvi% I. ci fain rnhdlUons, H,+rIII"vI shall ha\r the I11!!lt it, )ta\r <br />criforcettlenl of this Srcurily Inslrunlent discouinitwd at ,uiv little• prior In the Carper of (A s dal,, (tit such Whet ;n•ru`d .1s <br />apphrahlc law frilly sl)tecffy tier reilsl aArulrnl) hehire s,lle of Idle I'Inpc It putsu; ill tlI :ply pours 1,1 %air ,.1vll,nncd ill IIll% <br />Sr:Curafy Initrulneftf. <br />fir Ili) elllry oil a Itidginellt eilh,re111g, Ihls st -cut 111 111,11 Ilnwill i llll i t'„tldllwlls ;111' 111.11 H,Irinll r; <br />(na) vaa%, I.rrtiler 1111 "Inns 1%11161 iht'll wlluld he tll.lr IlndrT lhas `rillrlt\ Ind the \t,Iv Ilan 111, <br />'ti's: 9lrrld, (h) Imes Ally deflltlll nl all;y I?Iher II, %eni lltw III Ili,reelllt'Ills. 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