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• 0 <br />use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the <br />option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved <br />by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, <br />or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between <br />Borrower and Lender or applicable law. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give <br />Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, <br />I0. Cordernnatian. The proceeds of any award or claim for damages, direct or consequential, in connection wit my <br />condemnation or other taken of any part or the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid <br />to Lender. <br />In the even[ of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value <br />of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument shall <br />be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount to 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 paid to <br />Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is <br />less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless <br />applicable law otherwise provides, the proceeds shall he applied to the sums secured by this Security Instrument whether or not the sums <br />are then due. <br />If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award <br />or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to <br />collect and apply the proceeds, at its option, either to restoration or repair of the Property or the sums secured by this Security Instrument, <br />whether or not then due, <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the <br />due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization ofthe sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate <br />to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured <br />by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any <br />forbearance by Lender in exorcising any right or remedy shall not be a waiver of 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 of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not <br />execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms <br />of this Security instrument or the Note without that Borrower's consent <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which set maximum loan charges, and that <br />law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and <br />(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14, Notice, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by <br />fust class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other <br />address Borrower designates by notice to Lender. Any notice to lender shall be given by first class mail to Lender's address stated herein <br />or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to <br />have been given to Borrower or Lender when given as provided in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of jurisdiction in <br />which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable <br />law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold <br />or transferred ( or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior <br />written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, <br />this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br />than 30 days from the date the notice is delivered or mailed within which borrower must pay all sums secured by this Security Instrument. <br />If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security <br />Instrument without further notice or demand on Borrower. <br />18, Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of <br />this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for <br />Page 3 of 6 <br />Order: FSST-TO16000835 Doc: CASANI:2007 00123010 Page 3 of 10 Created By: tullybob Printed: 3/21/2016 9:46:40 AM PST <br />