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� 98- i�3Q40 <br /> at the option of I,ender, if mortgage inst�rance coverage (in the amount and for the period that Lender requires) <br /> provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums <br /> requirPd to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage <br /> insurance ends in accordance with any written agreement between I3orrower and Lender or applicable law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property.Lender shall <br /> give I3orrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 10. Condemnation. 'The proceeds of any award or claim for damages, direct or 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 I'roperty, the proceeds shall be applied to the sums secured by this Security <br /> Instrument,�vhether cr not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in <br /> which the fair market value of the I'roperty immediately before the taking is equal to or greater than the amount of the <br /> sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree <br /> in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by <br /> the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair <br /> market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a <br /> partial taking of the Property in which the fair market value of the Property immediately before the taking ia less than <br /> the amount of the sums secured immediately before the taking, unless Dorrower and Lender otherwise agree in writing <br /> or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security <br /> Instrument whether or not the sums are then due. <br /> If the Property is abandoned by I3orrower, or if, after notice by Lender to Borrower that the condemnor offers to <br /> make an award or settle a claim for damages, I3oFrower fails to respond to Lender within 30 days after the date the <br /> notice is given, Lender is authorized to collect and apply the proceeds, at its option,either to restoration or repair of the <br /> Property or to the sums secured by this Security Instrument,whether or not then due. <br /> Unless Lender and 13orrower otherwise agree in writing,any application of proceeds to principai 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 /> payments. <br /> l l. 13orrower Not Released; rorbearance By Lender Not a Waiver. Extension of the time for payment or <br /> modification of amortization of the stims 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 I3orrower or Borrower's successors in <br /> interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br /> time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br /> demand made by the original 13orrower or 13orrower's successors in interest. Any forbearance by Lender in exercising <br /> any right or remedy shall not be a waiver c�f or preclude the exercise of any right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements <br /> of this Security Instrument shall bind and benefit the successors and assigns of Lender and I3orrower, subject to the <br /> provisions of paragraph 17. RorroGVer's covenants and agreements shall be joint and several. Any Iiorrower who co'signs <br /> this Security Instrument biit does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, <br /> grant and convey that }3orro�ver's interest in the Property under the terms of this Security Instrument; (b) is not <br /> personally obligated to pay tfie sums secured by this Security Instrument; and (c) agrees that I_,ender and any other <br /> Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br /> Instrument or the Note without that Rorrc�wer's consent. <br /> l3. 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 lc�an 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 <br /> exceeded permitted limits w�ill be refunded to I3orrower. Lender may choose to make this refund by reducing the <br /> principal owed under the Note or hy making a direct payment to Borrower. If a refund reduces principal, the reduction <br /> will be treated as a partial prepayment �vithout any prepayment charge under the Note. <br /> l4. Notices. Any notice tc� Rorrower provided for in this Security Instrument shall be given by delivering it or by <br /> mailing it by first class mail unless applicahle 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 I,ender's addre�s stated }�erein or any other address I,ender designates by notice to Borrower. Any <br /> notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br /> as provided in this paragraph. <br /> 15. Governing Law; Severability. 'I'his Security Instrument shail be gc�verned by federal law and the law of the <br /> jurisdiction in ivhich the Property is located. In the event that any provision or clause of this Security Instrument or the <br /> Note conflicts�vith applicable law, such conflict shall not affect other provisicros of this 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 <br /> the Note are declared to be severable. . <br /> �-6R(NE)�sz,z�.oi Paga 4 of e Form 3028 �/90 <br /> Initialr. n <br /> lU <br /> ,� <br />