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a <br />85lon"' 003356 <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 bender's written agreement or applicable law. <br />S. IArperfion. Lender or its agent may make reasonable entries upon and inspections of the Property. bender <br />shall give Borrower notice at the time of or priori an 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 be paid to Lender. <br />1 in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Securitv <br />i Instrument. whether or not then due, with xn}' excess paid to Borrower. In the event of a partial taking of the Propert y, <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 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 b% 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, cj*, her 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 shalt 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 Rekased Forbearance By Leader 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 Borrower'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 <br />by Instrument by reason of any demand made <br />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 AS64M Bound, Joint and Several Liability., Co-signers The covenants and agreements of <br />this Security Instrument shall bind and hencht the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall he joint and several. Any Borrower who co -signs t his Security <br />Instrument but does not execute the Note: la) 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 an% 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 this Security Instrument is subject to a taw which sets maximum loan <br />charges, and that law is finalh interpreted so that the interest or other loan charges collected or no 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 he treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13, 1.egralation Affecting Lender's Rights. I1• enactment or expiration of applicable laws has the effect of <br />rendering any provision ofthe tthe 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 exercise% this option. Lender shall take the steps specified in file second paragraph of <br />paragraph 17. <br />K, Notices. Any notice to Borrower provided for in this Security Instrument shall hegiken b% delivering ii or by <br />mailing it by first class mail 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 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 bedeemed to have been given to Borrower or Lender when gi <br />in this paragraph. n ve as provided <br />15. Governer Law, Severability. This Security Instrument shall he enverned by federal law and the law of the <br />jurisdiction in whicn the Property is located. In the event that any provision or clause of this Securtt% 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 conflicting provision. To this end rile provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16• Borrower's Copy, Borrower shall he given one conformed copy of the Note and OHM M Seellrlry Instrwnent, <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pun of the Properi% natur nr WIN in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not <br />person) without Lender's prior written consent. Lender may, at its opti al <br />on, rryuire a unmcdiatc payment ur full (,fall sums <br />secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohihitcd by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice ofacceleration. The otice shall pro%idC a period <br />Of" less than 30 days from the date the notice is delivered or mailed within which Borrow cr must pay all sulrts secured ht <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may ink okr anti <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />It 's RW to Brix gsk. If Borrower meets certain conditions, Borrower shall have the right to hake <br />errforeemcrtt of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as <br />applicable law may vecifv for reinsiatcmerM before sale of the Property pursuant to any poKrr of sale ,:r�utair:ed in ihi. <br />Security Instrument: or (b) cnlry of a judgment cnfimcuog this SCLU10% insrrunocnt T'hosc .'undue „ors arc that Mir r, tai flays tender all sums which then would he due under this Security h!strurnrnt and the Vote had u,� ;:crcir rai;:cr <br />securred, (h) cures any default of .any other covenants nr agreements: (co pays all expenses incurred m cnf-reing Oils <br />Security 7nslrumenl, including. but nol limned to, reasonable attorneys' fees. and td) takes sucli ,:coon as I cnciei n;ak <br />reasonably require to assure "hat the lien of rhos Srounty instrumcw* I vndcr's rights ter the Prnperty and Ito: r, -woe's <br />e:htigahon ter pay ttrr sun :> scouted by this Security instrurnrnr shall c,�nrinuc �ancirnngcd. f.p��n nri,rrtcmcni ilk <br />H rtro »er, tins Sec urny instrument rtrd the �,bEtgah�ms s_ U!cd here+} sh r)! r•,nu;n'ailk rf rrhke :a. ;fir ;r x: ire, n,n' <br />kcurrr. -ri H<,weker, tfin, r;p;hr ti, rrrnstatc shah n r! a rh rn the .,ese., <br />