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101 a4 <br />r <br />85-004783 <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 />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, director consequential, in connection with <br />any condemnation or other taking of any pan 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 30 days after the date the notice is <br />given, Lender is authorize(j 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 I 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 />shalt 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. suhject 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 onh to mortgage, grant and convey <br />that Borrower's interest im the Property under the terms of this Security Instrument: (h) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender aril 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 Charges, If the loan secured by this Security ln%tnlment is subject to a taw which +cis Inaximurn loan <br />charge-%. and that law is finally interpreted so that the interest or other loan charges collected or In be collected in <br />connection with the loan exceed the permitted limits. then: (a) any such loan charge shall he reduced by the amount <br />necessary to reduce the charge to the permitted limit: and (b) any sum already collected trum Burrower which exceeded <br />permitted limits will be refunded to Borrowet. Lender may choose 10 111,IkC she refntrd he reducing the principal owed <br />under the Note or by making a direct payment to Borrnwcr. If a refund reduces principal, the reduction will be treated as it <br />partial prepayment %miahout am prepayment charge under the Note <br />13. Legislation Affecting Lender's Rights. if enactment I,r Cxplratton of applicable laws has the effect of <br />rendering any provision of the !Soto or this'imurmv instrument unenf',irceahic accordnig to ms terms, Lender. at its option, <br />may require immediate payment in full of all sum+ %CCUred by tht% SCCUrity lmnunacnt :end may invoke any remedies <br />permitted by paragraph 114 If Lender exercises this option, Lender shall take the steps sriccified In the wcond paragraph of <br />paragraph 17 <br />14. Notices. Any nutice to Borrower provided file in this Securty Instrument shall to given by delivering 11 or by <br />mailing it by first class mail unless applicable law require+ use .it another method. The nonce shall be directed to the <br />Property Address or any Lather address Borrower designates by nonce tie i ender. Airy notice to Lender shall tic 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 tit this Security Instrument shall be deemed to hale been given In Borrower or Lender when given as provided <br />to this paragraph. <br />15. Governing Law; Severability. 1 tai% Security instrument shall he poterned hi federal law and the law of the <br />jurisdiction in which the Property is located. in the went that any provision or clatiw of tills Security lnstrur ent or the <br />Note conflicts with applicable law. such cunfllct shall not affect other pruclslom of this Security hisirunictil or the Note <br />which can he given effect without the conflicting provision. Tn the end the provisions of this Security lnslitinlent and the <br />:Vote are declared to he severable. <br />16. Borrower's Copy. Borrower shall he glen role I nformed copy of the Note and of this security l list runu•ul <br />17. 'Transfer of the Property or a Beneficial Interest in Borrower. If all rer any part of the property or ant, <br />interest tit it is sold or transferred for If a bencticiad interest tl Borrower 1% said or transferred and Borrower is not a n :durl <br />person) without Lcnder'% prior written consent, Lender Ina%.:t ns option, regotre Immediate p:aynicul Ill full "fa]) aims <br />secured by till-, Security Instrument. However, this option shall it,,[ he exelciscd hg I.cndo if exercise Is prohibited by <br />federal law as of the date of this Securil y Instrument. <br />If Lcnder c%crciwrs this option, Lender shall give Borrower nottcc of acceleration flit- notice shall provide a periled <br />of not less than 30day%from the dale the notice is delivered or mailed within which Borrnwcr roust pay ;ell sums secured by <br />this Security instrument. If llorniwer fails uo pay these sunis prior to Itic expir aeon of this period. Lcnder nw7 utvo{st- any <br />remedies permitted by this Security Instrument without further notice of elan :m l on Bor owcl <br />18. Borrower's Right to Reinstate. It Borrower mesas certain conditl"ll" Holm"Cr %hill[ hate the right tut haxc <br />enforcement of This Security histrumcnl discontinued at any tiro, prig o the i rimer 0f (,u s days 1 1 such ,abet poi l,ad as <br />Lap plicandc law reap +pxcll'y for rednslaternent) 1.01ore +:ale of the Property punt Ini an pl•wrl vale ,onr:nned in Ills <br />vet urity Instrument, ot (h) entry o'I'a pidgrilrnl enf0r,nig till% securlty Inslrilnn•nI I h,lu r, n,huun•. mc th•11 liollo%k't <br />ia) pr €tys I rudcl all %unit• who h thcrl would KC due• under tilts Sri tirlty Instrument ;In,f the Nr,Ir h.id IM, a „rlrlatl, Ill <br />„LCuired. Ill ,.tire.% aria default „l any olhev t,lcenaiw, it grrCn,entr. r.. 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