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85- 004467 <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 />S. 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. CondenrnnNon. 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 />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 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 .10 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 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 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 terms of this Security Instrument or the Vote without <br />that Borrower'sconsent. <br />12. Loan Charges. 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 %hail to 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 thi% refund by reducing the principal owed <br />under the Note or by makutg a direct payment to Borrower. If a refund reduces principal, the reduction will be treated a%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 Instrumcnt unenforceable according tit 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. Lcndcr shall take the steps %pecified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice. to Borrower provided for in this Security Instrumcnt %hall he green by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another mcthrnl. 'The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice tit Lcndcr. Any nonce to Lcnder shall he given by <br />first class mail to Lender's addres %stated herein or any tither address Lender designate-, by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have ltcen given ul Rorrowcr or Lender when givcn as provided <br />in this paragraph. <br />15. Governing Law; Severabilily. This Security In%trunncni %hall to go%crncd by federal law and file law of the <br />jurisdiction in which the Property i% located. In the event that any provision or clause of this Security instrument or file <br />Note conflicts with applicable law, such conflict shall not affico other pfovislon% of thi% Security Instrument or the Note <br />which can he given effect without the Conflicting prov i• ion to this end the provisions of fill-, Security In%trtuncnt and Itic <br />Note are declared to he severable. <br />16. Borrower's Copy. Borrower shall he given one conforneed copy of the Note and of till% Securuy In%trumlent. <br />17, Transfer of the Property or a Beneficial interest in Borrower. 11':dl or any part of the Pruiorty or any <br />interest in it is sold or transferred (or if a beneficial interest in florutwcr i% sold or transferred and fiorrower I% not a natural <br />lwrwn) without Lender's prior written consent. Lender may, at it%option. require immediate payntcnl m full of all stuns <br />secured by this Security Instrument. However. this option shall not be exclowd by Lcnder d excrow Is prohibited by <br />federal law as of the date ofthis Security Instrument. <br />If lender exercises this option, Lender shall give Borrower notice of acceleration `rite notice shall pro v idea loriod <br />of not less than t0 days from the date the notice is deh%ercd or mailed within which Borrower nrtut pay all mums secured by <br />this Security Instrument. If Borrower fails to pay these wins poor t(it tic "Ill ration of tht% loriod. Lcndcr may Invoke sly <br />remedies permitted by the Security Instrumcnt without further not or demand on Borrower. <br />13. Borrower's Right to Reinstate. If Borrower meets certain Conditions, Borrower %hall ha%c the right to hate <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of 015 days for such other period am <br />L apphcahie law may specify for reinstatement) heforc saic of the Property pursuant to sly power of %dc crnitnncd in Ills <br />Security Instrumcnt: or (b) entry ol'ajudgment enforcing fill Sccuroy Instrunlrnt Ihosc mondimous arc Ihat Borrower <br />(a) pays Lender all sum% which then would to due under this Securely I list lunncnt and the Note had n„ acceleration <br />oCCUned; Ih) cures any default of any other co%cnant% of agteenecof%; (c) pays all expeuscs Incurred I1 enfolong tiles <br />>ccurity Instrumcnl, inctudutg, but oat limited to, teasonahle attorneys' fcc%; and ill Lnkrm such .action as 1 entire may <br />resr%unahly regmirc to assure that the lice of the% Security Instrumcnl, Lender'% rights tit the I'rupern .u1.1 ih +n owrr'm <br />obhgiown In pity the suers secured by Ili% Security Insirurucnl %hall ennnnuc unrlumgrd 1'1%,11 X111,1.61 anvil by <br />h rr, wrr. this See only Instrument and Iltc nhhlaati ats secured hcrvbh ,11,111 rt ne,un filly atlr, nmc as If no;urckrralr, r, had <br />gin.,uue;i fhwcsrr, Ihlmtightlitrc ^ulslatrsh;dlurnallpl %m I11;as vot'l,v irr ;llwla11dri Ii,.,11 <br />i —i <br />