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71JN 27 '00 09:52FaM WILLSON & PECHAC 2000095"75 <br />EK P.5 <br />10, Condemnation. The p►ooesde of any award Or claim for damagoa, direct or consequential, in connection with <br />any condemnation or other taking of airy part of the Pmpotty, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lander. <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 notumn due, with any excess paid to Borrower. In the event of a partial taking of the Property In <br />which the �lr market value of the Property immediately before the taking Is equal to or greater than the amount of the <br />sumo secured by this Security Instrument immediately befora the taking, unless Borrower and Lander otherwise agree in <br />writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds muldplled by the <br />following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market <br />value of the Property Immediately before the taking. Any balance shalt be paid to Borrower. In the event of a partial <br />taking of the PrgmW in which the fair mwket value of the Property Immediately before the taking Is less than the <br />amount otthe sums secured immediately before the taking, unlm Borrower and Lender otherwise acires in writing or <br />unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this A =urkty <br />Instrument whether or not the sums am then due <br />if the Properly Is abandoned by Darrmisr, or 9, after notice by Lender to Borrower that the coed emnor offers to <br />make an award or settle a claim for demagog, Borrower fails to respond to Lander within 30 day& after the date the <br />notice is given, Lender is autlwrlxad to calleat and apply the proceeds, at its option, aither to restoration or repair of the <br />Property or to the sums secured by this 8eourlly instrument, whedtter or not then due. <br />Unless Lender and Borrower otherwise agree In wriDn' g, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly Mmonfs referred to In paragraphs 1 and 8 or change the amount of such <br />paymenta <br />11.6orrOerer Not newasedl Forbearance By Lender Not a t #Kw. Extension of the time for payment or <br />modillcation of amotgaallon of the sums secured by this Security Instrument granted by Lender to any successor In <br />interest of Borrower chaff not operate to release the liability of the original Borrower or Borrower's successors in <br />Interest Lender shall not be required to commenoo proceedings against any successor In interest or refuse to extend <br />time for payment or otherwise modify amcxt�tlon sefthe sums secured by this Security Instrument by reason of any <br />demand made by tho orlginal Borrower or Borrower's successors In Interest. Any forbearance by Lander in exerelsing <br />any fight or remedy shall not be a waiver of or prectudo the exercise of any right or remedy. <br />12 Successm trod Assigns round; Joint and Several Llablllly; Co-signers. The covenants and agreements of <br />thls Seetmfty Instrument shall bind and benefit the successors and assigns of Lander and Borrower. subject to the <br />provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any ea rrowor who <br />co-signs this Security Instrument but does not execute the Note: (a) is cosigning this Security Instrument only to <br />mortgage, grant and =way that Borrower's rnterest In the Property under the terms of this Security Instrument; (b) Is <br />not pe=rtally obligated to ppgaly►the starts Secured by tads Security Instrumant; and (c) agrees that Lander and any other <br />Borrower may agree to extend, mod1iy, forbear or make any accommodations with regard to the terms of this security <br />Instrument ar the Note wtrhout that Borr"Wa consent <br />1a. Laan Cbames. If the loan secured by this Security Instrument Is subject to a law which eels maximum loan <br />ct*fees, and that law is finally interpreted so that the keterest or other loan charges collected or to be collected In <br />connection with ft loan ettoeed the permitted limb, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permuted Irfilh and (b any sums already collected from Borrower which <br />exceeded permitted limits will be reh� ed to Borrower. Lender may choose to make this refund by reducing the <br />principal <br />ill bet treated as^ NOW of charge under the ola. roduces �incipaJ,the raduabn <br />14. Notices. Any notice to Borrower provided for In this Security Instrument shelf be given by delivering it or by <br />malling it by first clacks mail tmetass appllcabWlaw requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower doslgr+otsa by notice to Lender. Any pnotice to Lander shall be given <br />notice provided for In this Security instrumenheroin hall be deemed Mohave bee Lander v n to Borrower or or Lander when givenn <br />as provided In this paragraph <br />13. Governing Law; Seeerability. This Security Instrument shall be governed by federal taw and the law of the <br />luftiation In which the Prtperty Is located. In the event ttta<atrty provision or clause of this Security I nstrumem or the <br />Hpte Meta with eppilloabite low. such Conflict shall not enact other provisions otthis Security Instrument orlhe Note <br />which can be given dfoot without ate eonflie ft provision. To this and the provisions of this Security Instrument and the <br />Note are declared to be srvetabla. <br />I& Born w's Copy. Borrower stroll be given one conformed copy d the Note and of this Security Instrument. <br />17. Transfer of the Property ar a Illimetkdal hillersat in Borrower. If all ar any part of the Property orarry <br />interest In It it scold or transforred (or K a beneficial Interest In Borrower Is sold ar transfon ed and Borrower Is not a <br />natural person) without Lender's prforwritta n consent, Lender may, at Its option, require immediate paymont in full of all <br />sums secured by this Security Instrument. However, this option shalt not be exercised by Lender if exercise is <br />prohlbited by fedora! law as of the data Of this Security Instrument <br />taE6aA9ltAnttMG EFAWLY —MMAJI aYCUMFC MMSTPUMXT M)11Mitiaa9/9u <br />6C/CMMW /tnsa /70as(9etlK PAGE • OF e <br />