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85-'QU3637 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower skalj.ptty the, premium 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. 1080ectiow;- 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. C 4domaatica. The proceeds of any award or claim for damages, director consequential, in connection with <br />any condemnation or other ticking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />!n 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 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 <br />Pa <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for yments. <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor cccessor n <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 />11. 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 tetras of this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan Cborgea, 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 permitted limit; and (b) any sums already collected from Borrower which exceeded <br />tepermitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />ethe Note or by [raking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />prepayment without any prepayment charge under the Note. <br />13' Legwlation 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 provider! 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 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 <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; Sewerability. 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 he given effect without the conflicting provision, To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy oft he Note and of this Security Instrument. <br />17• Treader of the Property or a Beneficial Interest in Borrower. If all or any part of the Properly 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 not be exercised by lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />Of Ins than 30 days from the date the notice is delivered or mailed within which & mower must Pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this Period. Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower <br />18, Borrower's Right to ReiMste, If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement 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 specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />L Security Instrument, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />,occurred; (b) cures any default of any other covenants or agreements; (c) Pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br />Obligation to Pay the sums secured by this Security Instrument shall continue unchanged Ulan reinstatement by <br />borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration find <br />incurred. However, this right to reinstate shall not w the case of acceleration v nilcr paragraphs I.1 or 17 <br />