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r <br />85- 004806 <br />if Lender required mortgage insuraUe 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 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 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 ' or change t he amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender %of 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 fie 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: (h} 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 and accommodations with regard to the terms of this Security htslrument or the Note without <br />that Borrower'sconscnt. <br />12. Loan Charges, If the loan secured by this Security Instrument is subject n. a law which sets maximum loan <br />charges, and that law is finally interpreted so that the niterest or ether Joan charges collected or u+ he i-ollected in <br />connection with the loan exceed the permitted limits, then: (a) any %rich loan charge shall tic reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (h) any sums alrcad% collected from Hm rower which exceeded <br />permitted limits -mil be refunded to Borrower. Lender may ch00%c '-, make this refund by rcducmg the principal owed <br />under the .`Dote or by making a direct payment to Borrower. if a refund reduces principal, the rrductinn will he treated as a <br />partial prepayment without atty prepayment charge under the Note:. <br />13. Legislation Affecting Lender'-, Rights. if enactment m exprranon of applicable laws has the effect of <br />rendering any provision of the Now or this Securftp Instrument uncnfoiceahlc wxntthng t,, its terms. Lender, at ITS 01)[1011, <br />may require immediate payment in full of all suns secured by this Security instrument a nt <br />nd ay invoke any remedies <br />permitted by paragraph 11). If !.ender excrctwii this option, Lender shall take the steps spcolied to the second paragraph 4 <br />paragraph 17. <br />14. Notices. Auy nnttce to fleun +wee provided f it ur this Security Insrnitne•ni shall he given by dehf ernrg it or by <br />mailing it by first class triad unless apphcahle law requires use of anoilier mrrhoxi. The ruder shall he directed to the <br />Property Address or any other address Borrawcr destgnatt-, by notice to Lender Any uoucr u, Lendcr shall he gwen by <br />first class snail to Lender's address stated herein or any other address Lendcr drslgnatrs ht noucr it, lioriower. Anv notice <br />provided for in this Security Instrument shall be deemed to have hcen gl,en to Itnrmwcr or Lendcr when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall he go%ernrd h,, federal L'rw and the law ol'thc <br />junsdiction in which the Property is located. In the "cut that any provision nr clause of till, Security Instrument or the. <br />Note conflicts with applicable law, such conflicl shall not alfccl other prtxl,nttl, of this SCLurlty ln%Irurncnt or the Now <br />which can tx gram effect without the conflicting provision. To this cud the pro.rsior ;s of this Security Instr'unicnt and the <br />Note arc declared to be severable. <br />16. Borrower's Copy. llrrower shall he given enlr c+,nfiIrnrrd a-py of the: Note and of tilts Sccurrty instrunicnt <br />17. Transfer of the Property ur a Beneficial Interest in Borrower. if all or any part tit the 1'roprtiy or any <br />interest in it is sold or transferred for ffa beneficial nrterrsl nt lir+trowct is sold or a;insferied and liorro%et is nut a natural <br />person) without Lender's prior written consent. Lender may, at its optlorr, rcqutrc immediate paytrrcut ill fill of Al sums <br />secured by this Sccuritc Instrutncni. However. tilts option shall n„l he rxri:lsed h7 Lendcr ;t exenrse Is pn+hthnnl h% <br />federal law as of the date of th1%Sec'urity Instrument. <br />If Lrndrr exercises tins option, Lender shall give Florrowcr nnttce of accelcrltusn 7hr notice shall provide a pernKf <br />of not less than 3Oda) s from the date the notice is dcll%ercd of maded within w hiv h Borrower must pay all sums sec urrd hs <br />this Security instrument. If Borrowcr fails to pay ihesc %urns pnor to the cxptrotrai of this i Cil'si. Lendcr rimy nrvokc any <br />remedic,s permitted by I his Security Instrument wuhoui further notice or demand on li,,trmhci <br />10. Borrower's Right io Reinstate. If Brrrower nieces certain u,ndrtnvrs, li„rluwer 01311 have the right In leave <br />enforcement of this Srcunr. lristrunicnt discontmurd aI arty tense prior to the e ai lire <4 (ar sue h ether prrnnf as <br />wppls:ahl: law may slict-61 for rthrsl3trn1rn111vetirre stile of the Per <rry }'iiiviant t,, am power .,I %air rontemted ill Ill. <br />5ccunty In%(ruvtiml, m Rol catty A it ludgmetil mforcmg this `sm unity Iristra:mt rn i hose omdurons are that Iforrowcr <br />fill pays Iender ail souls wbrsh turn would t,er IiUV under tilts SCLurtt I 1 11 uncut mill the A.Ne ltd 'w 1 rlrraii.ai <br />,acuttrd_ obi -utcs 3111 default otl ariy „tier cnvur rte, or eirrocanrnt �} n n rr v in rot ri nr� till. <br />sicmuma Insn,+nlcnl, rnclddmrf, hlot n,ri Inmred I ), r,,asomahlr t, f cndc, ;ar,iy <br />rrA,—vi0,1y r�viuu =- i,, assure that tttc• )ern o1 this Nr,wlty Instrumcl t f :u s,.l ,,g4t< ,n: .nl,l H,�r =•sort s <br />- 414..ur ;.,i, lid, rhti ,.urns'*<•aurcd i,% they 4e:, io �t,. lnxtnnnrni .hail .,nl. un,.f rirr,l l r. .•n +I ai, nn•uI <br />li—g, •sscr I11.I —Ei lil lin'A dill+"? d; hillthe 'n"rK;th -c,ih, 0).6 1 t-;rI o­!: had <br />.. w;,,,1 If —w ri Illy, r,a)il ", muis lase• shall wt a,rhlt sty O , a ..o ., ,r •I.,,. .., ? <br />J <br />