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r , i i i 9 i F 89--- 103087 11. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower 12. Lpblallon Affsetl!" Lertdsr s Rights. It enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Sacurdy Instrument unenforceable according to its terms. Lender, at its option, may require immediate payment in fun of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 18. It Lender exercises this option, Lender shall take the steps specified In the second paragraph of paragraph 16. 13. roofer. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for In this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Govr *ng Lae.; Severablitty. This Security instrument shall be guwred by federal law and the taw of the jurisdiction Im m fii.^Ca Vote Propenyis located. Inftevent that any provision circlauseofthisSa ntyM. 817umarifcrtheNoteconflictsi +i-it4, app(icalize!,.-a r,,�;t�b>!co;tt7iet shall not affect other pvo z^ vns, of this Security instrument or the NOle. wNchi can b8' qi,-v n a N.v without" r 6w, prcivls'r4vn To tth7st end the provisions of this Set ur" tnstntrrtent and the tote are declved to be sevliirable. It a►s Copy. Bonower WWI be gt>.• , one confirtitiaed copy of the Note and 67 this Security Instrume.m.' . ; 140t1YieWNr of the Property at M 8enaiklTat.Ottlsres1 In. 8orrowe► h all or any pact of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is said or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrowers AWN to RNnstate, if Borrower meets certain conditions. Borrower shall have the right to have enforcement of 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 reinstatement) before sale of the Property pursuant to any power of sale contained in this Security instrument; or (b) entry of a judgment ernforcnng this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenant or agreements; (c)-pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender _,rte• s•••• ,r• ; r ;:;a to 4= W= that tha tim: Q041 this .trty tnoifisoidni, Lwidwls t4ft in file Property and Borrower's obligation tapay trial sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligation secured hereby shall rontt±in fully effective as it no acceleration had occurred!. ftwe rsr, this right to reinstate shall not apply in the case of acceleration under paragraphs 12 or 16. NON - UNIFORM COVENANTS. Borrower and Lender turttw covenant and agree as Wows- Is. Acceiscsrtbn; Rarrtadiaa. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenantor agreementinthis Secoriry, instrument (but not prior to acceleration under paragraphs 12 or 16 unless appiisabte law provides otherwise). The notice shaNspecify: (a) the default: (b) the action required to ctuet!te default; (c) a date, not I fts than 30 days from the daft0ile notice Is given to Borrower, by which the default must bie cured; and (d) that fat wvio cure the default on or before the date specified in ft notice may result in acceleration of the sums secured by this Security Instrument and sale of ft Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert. the ¢ion- existence of a default or any other defense of Borrower to acceleration and sale. 9 the default is not cured on or before the date spet.Aed in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail oopi" such notice in the manner prescribed by appkcable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable taw, Trustee shall give publ(e notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt Of payment of thepf" bid, Trustee shall deliver to the purchaser Trustees deed conveying the Property. The recitals in the Trustee's dead shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the foHowing order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 10. Lender In Posseaston. Upon acceleration under paragraph 1S or abandonment of the Property. Lender (in person. by agent or by judicrally,appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to Collect the rents of the Property inetyding thosepast due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and ciuh(IKiion rcfrerais, including, but not limited to, receiver's fees. premiums on receiver's bonds and reasonable attorneys' fees, and.then to the sums, secured t,y this Security instrument. 20. 111MaAOnwyanq. Upon: payraraent of all sums secured. b' )his Security tnstrurnen .- Lender shalf ,request Trustee to reconvey the Property,aietd shat! &,r reernder this purity Instrument and all Wes evidencing debt secu?erd by this Secua ay instrut ent to Trustee Trustee shall reccnwey lh PIKIPadywithout warranty ard*shout charge to the persimof persons legally entitled Gait Such person or persons shall pay any recordation costs. 211, Substitute Ttustse. Lend at � option, may front vi rse to time re'rtGve Trustp9 3ttd appoint a successor trustee to any Trustee appointed rto•eunder by an rnstrur er4 recorded in the .Security In4triMent is recorded Without conveyance of the prope+ly, the successor trustee shall succeed to all the title. power and b rss conferred upon Trustee herein and by applicable law 22. Request for footle**. (borrower requests that copies of the noticA-s of default and sale be son! to Borrowers address which is the property Address. Bormwar lurthgr reque "9 that copies of the noticos of dufau;t and sale be Mint to eat h im, son who is a party nereto at the addross of such person sot forth herein 23. Candominlum Rider. It the Condominium fitter i; exocuted by Borrower and rEcordod togethor with this See Luny in:;trumvitt. itiv covenants and Fsgreensentt; of -Guch rider sh,14 be inf coixital td into and shall amend and supplement the coveriant4 ano auroemont', (A till', livecurity Instrument as if tho rKMr was a part of this, Security Instrunx)nt R �- °i tt " ..1 N■ l� J..