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85= 00122 0 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />F 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 to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or 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 be paid to Lender. <br />In the event of a total taking of the Property, t',-� proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess p-id 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 the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <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 1 and 2 or change the amount of such payments. <br />10- Borrower Not Released; Forbearance By Lender Not ■ 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 Borrower's successors in interest. <br />Lender shall not be 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 />M Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind 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 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 of this Security Instrument; (b) is not personally obligated to pay <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. Loan Charges. If the loan secured by t' : curtly Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the nterest 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 permitted limit; and (b) any sums already collected from Borrower which exceeded <br />Permitted limits 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 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 of <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 remedies <br />permitted by paragraph 19. If Lender 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 it or by <br />mailing it by first class mail unless applicable law requires use of another metnod. 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' <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 been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note 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 conflicti <br />Note are declared to be severable. ng provision. To this end the provisions of this Security instrument and the <br />16, Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument <br />17, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall riot be exercised by Lender if exercise is prohibited ht <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower nonce of acceleration The nonce shall pros ride a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums sccurcd hs <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may in%,,kc• ;u„ <br />remedies permitted by this Security Instrument without further nonce or demand on Borrower <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Burrower shall have the right to Tun,• <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (ur such other period a. <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale ctntall,rd 11, this <br />Security Instrument: or (b) entry of a judgment enforcing this Security Instrument Those ;(aidlutns are that 13orrtsscr <br />(a) pays Lender all sums which then would be due under this Security Instrument and the title had tit accclerau.,; <br />occurred. (b) cures any default of any other covenants or agreements, (c) pays all expenus Incurred in eniotru!p• 1111, <br />Security Instrument, including, but riot limited Io. reasonable ariorneys' Ices, and (d) takes such .iowfi is l <ndcr <br />reasonably reywre n, assure that the her, of this Sec•unty lnstrutnenl, Lender's nKhts ui the I'r,qu ris ,inJ Id,.n, <br />obhgarion ir, pay the ,urns secured by ihrs Secunry Instrument shall .t,ntunie iu,i h,ni cJ l.'luvi rinyi.,t, rn: ni <br />ItorrVwer. this Stcurii� Instrument and Itie OblittanOFls se CUfed herc•b� hall re•m:un list!, cell•; 1,t r as it rn. .,, ,,•t.; r,,;,r; !1,1,1 <br />,ccurred Hr,weser. This right t(., reinstate shall nut apply u, the —1,c ��} e,.crla•ruu„n urn.b•i j`, +i.l�rit�h� I <br />_Wi <br />