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<br /> _sr ------- - - - _ -----------
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<br /> ' 90-" 104 2'7� �
<br /> 9. Candemn�tion: The prc�ceed�c�!'any award or clAim for dAmagcs,di�ect or c�msequenliAl,in connectiun with
<br /> an�condemnaiio�� or �iher taking oi any part �i ihe Proper�y. t�f 111� VttIIYC�tNI1CC 111 tiru �►��.��ider+inatian, �rc hcsc6y
<br /> � ussigncd a�d shali 6e paid to Lendcr. �
<br /> In the e��ent of a totu! takiRg af'the P'roperty.the proceeds shall be applicd to the sums secured by thix Security
<br /> �nxirumrni.WIIC1}ICr Ar Ilp1 tlltil(IUC,wiih any cxcess paid ta Barrawer. In the evenl of a partial taking of the Property,
<br /> ' unless Bc�rrower and Lender otherwise agree in writing,the sums secure�by this Security Instrument shall be reduced by
<br /> the amaunt oF the ptoceeds multiplied by the fallowing Practian: (a)the totpi amount oP thr sums secured immcciiatriy
<br /> _ � batore the tnking.dividcd by(b)the fair marlcet value af the Praperty iminediutely 6efore the taicing.Any balance shall tx
<br /> ��to Barrowcr.
<br /> � IP the Property is abandoned by Borrowcr�or if,afler notice bX Lendcr ta 8arrawcr that thc candemnar offcrs to
<br /> � mske sn award or scltle a ctaim for damages.8arrawe�fails to rcsRond ta l.ender within 30 days after the date the notice is
<br /> j gi«n,I.cndtr is authori:ed ta�ollect and apply the procerds,at its aption,either to�exta�ration or repai�of the Propeny or
<br /> ; to the sums securcd by this Secnrity Instrument,whether or not then due.
<br /> , ! Unless Lender and Honower otherwise agra in writing,at�y application of proceeds to principal shall not oxtend or
<br /> ', ( pc�sstpone the duc date of the monthly p�yments referr�to in par�graphs 1 and 2 or ci�ange thz amaunt of such paymems.
<br /> � 10. Hocrawer Not Reka�d; Forban�ce�r Leader Not a Wat�er. Extcnsion of the timc for payment or
<br /> modiflcatian of:moniz�tion of the sums secured by this Securlty lnstrument granted by Le�der to any successor in
<br /> � interost of Borro�►et shall not operate to�r2ease the liability of the origina!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 /> t Qa�ment ur oiherwise madify amortization of the sus�cs secured by lhis Security Instrument by reasan of any demand made ,
<br /> ! by�he ariginal Borrowe�or Bonower's snccessors in anterest.Any forbearance by Lender in ezercising any right or remedy
<br /> ; sh�t not be s w�iver of or preclude the exercise of any right or remedy. i
<br /> • � 11. Saccessors�nd Assi�Bound;Jotnt�nd Se�eral Liabiltty;Co-�igners. The covenants and agreements of
<br /> this Security tnstrument shalt 6jnd and benefit the cuccessors and assigns of Lender and Borrowcr,subject to the provisians
<br /> _. � of paragraph 17.Borrower's covenants and agraments shall be joint and severai.Any Borrower who co-signs this Security
<br /> � Instrument but does not execute the Note: (a)is casigning this Socurity instrument oniy to mortgage.grant and co�vey
<br /> i that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligatcd to pay
<br /> � the sums socured by this Security Instrument;and(c)agrees that Lender and any ather Borrower may agree to extend,
<br /> ► modJy,forba�r or make any accommodations with regard to the terms of'this Security Instrument or the Note witbout
<br /> ; thAt Horrower's consent.
<br /> � ; 12. Lan C6��es. If'thG loan securod by this Security Instrument is subject to a law which sets maximum loan
<br /> ; eharga, and that law is finally interpreted so that the interest or other loan charga collected or to be callected in
<br /> ' connection witb the l�an eaceed the permitted limits, then: (aJ� any such loan charge shall be reduced by the amount .
<br /> ; nece.�sary to reduce the eharge to the permitted limit;and(b)are�sums already collected from Borrower which exce�ded � ��
<br /> � permitted limits wil)be refunded.to Horcower.Lender may choose to make this refund by reducing the principal owed
<br /> ' undtr thc Note or by ir�aking a direct payment to Borrower.IPa refund reducaes principal,the reduction will be treated as a 4�;;�_
<br /> ' p�tial prepayment without any prepayment charge under the Note. � �" F''`
<br /> ,.;.,,
<br /> � 13. L�idadon Atficdng Lender's Righb. lf enactment or expiration of applicable laws has the effect of ;'
<br /> R rendering any provision of th�Note or thes Security lastrument unenforceable according to its terms.Lender,at its option, �.
<br /> ! � - may require immediafe payment in full o�-aU sums secured by this 5ecurity Instrument and may invoke any remedies -- -- ` ��--
<br /> ' permitted by paragraQh 19. If Lender exercises this option,Lender shall take the steps specified in the second paragraph of `"
<br /> ; pangraph 17.
<br /> � 14. Notiees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
<br /> � mailing it by Arst class mail unless applicable law requires use of another methosl. 'I'he 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 /> flrst clsss mail to Lender's address stated herein or any other address Lender designates by natice to Borrower.Any notice
<br /> ; Frovided for in this Sxurity Instrument shall be deemed to have been given to Borrower or Lender when given as providod
<br /> � in this paragraph.
<br /> 15. Govern�eg I.tw;Seveability. This Security Instrument shall be governed by federal law and the law of the
<br /> � jurisdiction in which the Property is located. In the event that any provision or clause of this Security Ir�strument or the
<br /> Note conflicts with applicable law,such conflict shall not affect other provisions 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 the
<br /> Note are declared to be severable. ;�
<br /> � 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note andbf this Security Instrument. ___
<br /> �� E 17. 1'ransfer of the Property ar a Beneflcial Interest In Borrower, lf all or any pan os the Property or any ''�.,
<br /> . ; interest in it is sold or transferred(or if a beneflcial interest in Borrower is sold or transferred and Borrower is not a natural .
<br /> � ' pesson)without Lender's prior written consent,Lender may,at its option.require immediate payment in full of ap sums • .
<br /> � � secured by this Security Instrument. However,this option shal! not be exercised by Lender if exercise is prohibited by _
<br /> 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
<br /> of not less than 3Q days from the date the notice is delivered or mailed within a•hich Borrower must pap all sums secured by
<br /> ' this Security Instrument.If Honower fails to pay these sums prior to the expiration of this period.Lender may invoke any
<br /> remedies percritted by this Security Instrurrient w��hout further notice or demand on Borrawer.
<br /> ' � I8.Borrower's Right to Retnstate. 1P Borrower meets certain conditions,Borrowzr shall havc the right to have
<br /> � . enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as
<br /> applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this
<br /> Security Instrument;or(b)entty of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
<br /> (a) pays Lender all sums which thrn would be due under this Security Instrument and the Note had no acceleration
<br /> occurred; (b) eures any default of any other covenants or agreements; (c)pays all expentes incurred in enforcing this
<br /> � Security Instrument,including,but nflt limited to,reasonable attorneys' fee�: and (d) take��uch action as Lender may �-___-_-__
<br /> reasonably require ta assure that the lien of this Security Instrument. Lender's rights in the Property and Barrower's ,
<br /> obligation to pay the sums secured by this Sec�rity Insttument shall continue unchanged. l;pan reinstatement 6y ,
<br /> Borrower,this Seeurity Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
<br /> oceurred.However.this right to reinstate shall not apply in the case of acceleratidt�under paragraphs 13 or 17. !
<br /> NON-UNIFORM COVENAN75.Bonower and Lender further covenant and agree as follows: I
<br /> 19. Acceleration; Remedtes. Lender shall give notice to Borrower prior to ucceleration following Borrower's �
<br /> � breac6 of Any covenant or agreement in t6ts Secarlty Instrument(but not prior to acceleration under paragraphs I3 and l7
<br /> unless applicable law prortdes otherwise). The notice shall specify:(a) the default; (b) the action required to cure tFe
<br /> default;(c)a date,not less than 30 days from t6e date the notice ds given to Rorrawer,by which the default must be cured; '�
<br /> and(d)that failure to cure the defpult on or before the date specifled in the notice may result in acceleration of the sums �
<br /> secured by this Security Instrument and sale of the Inroperty.The notice shall further intorm Barrower of the right to u�
<br /> reinswte after accelerallon and the rip,ht to bring a court actiun to assert the non•existence of a default or any other r'
<br /> defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the notice, I,ender '= '
<br /> at its optton may re�uire immedlete payment in full of all sums secured by this tiecarity Instrument w�ithout further '
<br /> demand and may invake the power of sale and any other remedies permitted by applicable law.i.ender shall be entitled tn
<br /> collect �11 expenses incurred in pursuing the remedies provided in this par��raph 19. includin�. but not limited t��,
<br /> r�asonable attorneys'fees and costs of title evidence. �
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