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<br />. 9. Condemnation. The proceeds of any award or claim for damages, direct or co>>e(~ial,:1 Q~(eai~ 4ith
<br />any condemnation or other laking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
<br />assigned and shall be paidto Lender.
<br />In the even I of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
<br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of 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
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
<br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
<br />given, Lender is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or
<br />to the sums secured by this Security Instrument, whether or not then due.
<br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
<br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
<br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amorti;u;,:on of the sums 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 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 />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of an}' demand made
<br />by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or remedy
<br />shall not be a waiver of or preclude the exercise of any right or remedy.
<br />II. Successors and Assigns Bound; Joint and Several liabiJity; Co-signers. The co\'enants and agreements of
<br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the prmisions
<br />of paragraph 17. Borrower's co\'enants and agreements shall be joint and se\'erat. Any Borrower whoco-signs this Security
<br />Instrument but does not execute the Note: (a) is co.signing this Security Instrument only to mortgage, grant and con\'ey
<br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
<br />the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note \\ithout
<br />that Borrower'sconsem.
<br />12. IAlan Charges. If the loan secured by' Ihis Security Instrument is subject to a law which sets ma:\imum loan
<br />charges. and that law is finally interpreted so that the interest or olher loan charges collected or to be coll.xted in
<br />connection with the loan exceed the permitted limits. tben: (a) any' such loan ch:uge shall be redU<<d by the amount
<br />necessary to reduce the charge to the permitted limit; and (b) any' sums already coll.xted from Borrower which exceeded
<br />permiued limits will be refunded to Borrower. Lender ffia)' choose to make this refund by reducing the principal owed
<br />under the Note or by making a direct payment to Borrower. If a .efund reduces principal, the reduction \\ill be treated as a
<br />partial prepayment without any prepaymenl charge under the Note.
<br />13. Legislation Affecting Lender's Rights. If enactment or expiration of appliC3ble laws has the eff.xt of
<br />rendering any prO\lsion of the NOle or this Security Instrument unenfOrtt.able according to its telms. lender, at its option,
<br />may require immediate pay'ment in full of all sums secured by this Securily Instrument and may in,'oke an)' remedies
<br />permitted by paragraph ! 9. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of
<br />paragraph 17.
<br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be gi\'en by deli\'ering it or by
<br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
<br />Property Address or any other address Borrower designates by Illotice to Lender. Any notice to Lender shall be gi\'en by
<br />first class mail to Lender's address stated herein or any other address Lender designates by nolire to Borrower. Any nolire
<br />pro\ided for in this SecurilY Instrument shall be deemed to have been gi\'en to Borrower or Lender when gi"en as prmided
<br />in this paragraph.
<br />15. Gonming Law, Se,'erability. This Security Instrument shall be g(wemed by federal law and the law of the
<br />jurisdiction in which tbe Property is located. In the e\'ent that any pro,ision or clause of this Securily Instrument or lhe
<br />Note conflicts \\ith applicable law. such conflict shall not affect othel' pro\iisions ",,"this Securit)' Instrument or the Note
<br />which can be gi"en effect \\ithout the conflicting pro\iision. To this end the pro\isions of this Seeurity Imuument and the
<br />Note are declared to be severable.
<br />16. Borro,,'er's OIp)'. Borrower shall be gi\'en one conformed copy of the Note and oflhis Seeurit}' Instrument,
<br />17. Transfer of the Property or a Beneficial Interest ill Borrower. If all Qr any part of the Propeny or any
<br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold Qr transferred and Borrower is not a natural
<br />person) without I..ender's prior wrinen consent, Lender may", at its option. require immediate (U}menl in full of all sums
<br />secured by' this Security Instrument, Howe\'er, this option shall nOl be e"-ercis.ed by Lender if exercise is pwhibited by
<br />federal law as of the date of this Security Instrument.
<br />If Lender eJlercises this option. Lender shall give Borrower notice of aettleralion. The notice "hall pro\iide a period
<br />of not less than 30 days from the date the notice is deli\i'ered or mailed within which Borrower mu~t (Uy all sums sc:.:ured by
<br />this Security Instrument. If Borrower fails to (Uy these sums I'rior to the expiration of this period, Lender may' in\oke any
<br />remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />18. Borrower's Right to Reinstate, If Borrower meets certain condilion..... Borrower shall ha\e the rii!ht to ha\e
<br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such oth~r period as
<br />applicable law may specify for reinslatement) before sale of the Property pun.uantlO any power of sale contained in thiS
<br />Security Instrumelll; or (b) enll)' of a judgment enforcing this Securily Instrument. Those Cl>nditions are that Borrower:
<br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no aceeIeratinn
<br />oc.curred; (bl cures any default of any other covenants or agreements: (cl pays all expen~ incurr<'d in enforcing this
<br />Security Instrument. including, bul nOI Iimiled to. reawnable allomeys' fe..'\.; and (d) lake;. slIch actllln a~ lender may'
<br />reasonably require to assure that Ihe lien of Ihis Security Instrument. Lender'~ nghl" III the PmJ'<.'rty and Borrower's
<br />obligalion to pay the sums secured by this Security Instrument shall continue unchang<-J L'I'<'n rem statement by
<br />Borrower. this Security Inslrument and the obligations secured hereby shall remain fully efflXlI'e as If no accdcrall,'n t.ad
<br />occurred. Howeser. this right to reinstate shall not apply in the C3se ofacceIeration under paragraphs D or 17.
<br />NON, UNIFORM COVENANTS, Borrower and Lender further cosenant and agree as follo\\~;
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />bread! of any covenant or agreement in this Securit), Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />unless applicable law prorides otherwise). The notice shall specify': (a) the default: (b) the action required to cure the
<br />default; (c) a date, not less tban 30 days from tbe date the notice is giyen to Borrower. by' which the default must be cured:
<br />and (d) that failure to cure the default on or before the date specified in the notice mal' result in acceleration of Ihe sums
<br />s<<urcd by this Security Instrument and sale of the Propert}.. The notice shall further inform Borrower of th" ril!hl to
<br />reinstate after acceleration and the righl to bring a court actioD to assert the non-existence of a default or an} olher
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date spt'<'ifie<t in the notice. I.l'nder
<br />at its option mal' require immediate pa)'ment in full of all sums secured b)' this Security Instrument wilhllut furlher
<br />demand and mal' in'oke the power of sale and an)' other remedies permilled b) applicoble law. I.ender shnll bl' ,'nlith'd to
<br />collect all expenst'.$ Incurrcd In pursulnll th~ r-emedles provided ill this parallraph 19, includint.:. but nol limitl"lI I".
<br />rusonable allome)'s' fees and cosls of title evidence.
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