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85._., 004199 <br />I 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 taw. <br />S. lagw1itic 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 />!. CondenslNtjon. The proceeds of any award or claim for damages, direct or consequential, in connection with . <br />any condemnation or other talking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby <br />assigned and shall be 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 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 Properly 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 resturation or repair of the Properly 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 Rekaaed; Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />attt►di6cation 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 nude <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />A" rim be a waiver of or preclude the exercise of any right or remedy. <br />11. Snecwson and Assigtt(Buamd; Joint and Several Uaiility; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successor 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 to -signs this Security <br />Instrument but does not execute true 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 lnt.trument; and (c) agrees that Lender and any other Burrower 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 Chagos. 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 ban 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 reduccs principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Leader's Rights. If eriactn►ent or expiration of Applicable laws has the elect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to as terms, lender, at its Option, <br />may require immediate payment n► full of all sums secured by this Sccumy Instrument and may invoke any renicdics <br />permitted by paragraph 19. If Lender exerciscs 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 />nailing it by first class moil 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 LendeFdcsignates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed d to have been given to tionower or Lender when given as provided <br />in this paragraph. <br />15. Goaverniag Law; Severability. This Security Instrument shall be guverrred by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provisron or cLuau of this Security Instrument or the <br />Now conflicts with applicable law, such conflict shall not affect other provisions of that. Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note arc declared to be severable. <br />16. 1lurrower's Cupy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Trtwfer of the Property or a Bcacticial Interest in harrower. If all or any part of the Property or any <br />interest in it s sold or transferred (or if a benchwal interest in Borrower is Sold Or transferred and Borrower is not a natural <br />perstm) without Lender's prior written consent, Lender may, at ill option, require immediate payment in full of all sums <br />secured by this Security Instrumcnt. 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 taercnles this opium, Lender shall give Borrower notice of acceleration. "rhe notice shall provide it period <br />of not lrs► than 30 days from the date the notice is delivered or mailed within which Borrower roust pay all sums secured by <br />this Security Instrument. If Borrower fails lit 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 nn Borrower.' <br />Ifs. horwwor's Riles to ReirstiMe. if Burrower meets certain conditions, Borrower shall have the right to have <br />enforcemenl of this Security Instrument discontinued at any time ptwr to the earlier of. (a) 5 days (or such other period as <br />L applicable law may specify for ronstxtrntent) belore ale of the Property pursuant Ica ally power of sale contained car this <br />Swunty Imilrurneol; or (b) entry of a judgment enforcing this Security Instrument. Those conditions ore that Bornrwcrl <br />tit) pays Under all sums which then would be due under this Security Instrument and the Note had no acceleration <br />f7t:curt .d. (b) cures any default Of any other covenants or agrernaenns, (c) pays all cxllenw% incurred ar eufnrcmg ihrs 6p <br />Security Instrument, Including, but nil hnnldxd us, rcAmsnable altorneys' fees, and Id) takes such action as Lender may dt� <br />reasuaably rcgate to assure that the licit of this %ccurily Iusimineut. Lender's rights aI the Property and mirrower's <br />Oblrasirun to pay the sums secured by this Security Instrument shall continue unchanged llpxvn reinstatentoil by <br />borrower. this Security Imilrunrenl And thr obhgatmns seined heicby shall rein +al hilly effective as it no acceleration had <br />,k bi 1(d l(,ns C vef. 1111% Iighl 11, I, IlWa11r N11.01 11w A1.111y Ill 1114 t',lw cal ,n t fll'I,1(u n'Illdcr 11,11" ".1.114" 1 (cal 17 <br />N <br />