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<br />, 9. Condemnation, The pro('eeds of UIIY award or claim for damagcs, dircct or consequential, in cOllncction with
<br />any condemnation or other taking of any pllrt of the Property, or for conveyance in liell of condemnution, arc hereby
<br />nssigned and shall be paid to lender, ,
<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 not then due, with any cxcess paid to Borrower. In the evcnt of a partial taking of the Property,
<br />unless Borrower and lender otherwise agrce 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 Borrowcr that the condemnor offers to
<br />make an award or settle a claim for damages, Borrower fai1s 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 oFsuch payments.
<br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amortization 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 any demand made
<br />by the original-Borrower or Borrower's suc.cessors 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 rt;medy. '
<br />11. Successors and Assigns Bound; Joint and Several Liability; Co.signers. The covenants and agreements of
<br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
<br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
<br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage. grant and convey
<br />that Borrower's inlerest in the Properly under the terms of this Security Instrument; (b) is not personally obligaled 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 without
<br />that Borrower's consent. -
<br />12. Loan Charges. -If the loan secured by this Security Instrument is subject to a law which sets maximum loan
<br />charges, and that law is finally interpreted so that the interest or other Joan charges collected or to be collected in
<br />connection With the loan exceed the permitted limits, then: (a) any such -loan charge shall be reduced by the amount
<br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
<br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
<br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
<br />partial prepayment without any prepayment charge under the Note.
<br />13. Legislation AffectinK Lender's Rights. If enactment or expiration of applicable laws has the effect of
<br />renderingany provision of the Note or this Security Instrument unenforceable according to its terms, lender, at its option,
<br />may require immediate p~yment in full of all sums secured by this Security Instrument and may invoke any remedies
<br />permiUed by paragraph 19, 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 given by delivering it or by
<br />mamng it by first class mail unless applicable law requires use of another method. The notice shall be directed to lhe
<br />Property Address or any other address Borrower designates by notice to Lender. Any notice to lender shall be given by
<br />first class mail to lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
<br />provided for in this Security Instrument shall be deemed to have been given to Borrower or lender when given as provided
<br />in this paragraph.
<br />IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
<br />jurisdiction in 'whichthe Property is located. In the event that any provision or clause of this Security Instrument or the
<br />Note conflicts with applicable law, such conflict shall nol affect other provisions of this Security Instrument or the Note
<br />which can be given effxt without the conflicting provision. To this end the provisions of this Security Instrument and the
<br />Note are declared 10 be severable.
<br />16. 'Borrower's Copy. Borrower shall be given one conformed copy oFthe 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
<br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
<br />person) without Lender's prior written consent. lender may, at its option, require immediate payment in fuli of all sums
<br />secured by this Security Instrument. However, this option shall not be exercised by lender if exercise is prohibited by
<br />federallawas 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 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
<br />this Security Instrumen:. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke 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 conditions, Horrower shall have the right to have
<br />enforcement of this Security Instrument discontinued;at any time prior to the carlier 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 In~trument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
<br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration
<br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
<br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as lender may
<br />reasonably require toassure that the lien of this Security Instrument, lender's rights in the Property and Borrower's
<br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
<br />" Borrower, this Securitylnstrument and the obligations secured hereby shall remain fully effective as ifno acceleration had
<br />. occurred, However, this right to reinstate shall not apply in the case o I' acceleration under paragraphs 13 or 11.
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<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<br />19. AcceJeratioa; R~, Leader .....1 Ki'" notice to Borrower prior to acceleration following Borrower's
<br />IaradI 01 BY coyeaat or ..,.meat in thIJ Seeurity Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />....wkaWe "wJIOyidel otllerwise). The nodre shall sp.2Clfy: (a) tbe default; (1)) the action required to cure tile
<br />.,..11; (c) a date, lICIt Ie. t1w130 days from the date the notice is Kiven to Borrower, by which the default must be cured;
<br />... Cd) tlaat '..I.... to alre tile deI..lt on or berore the date 8pedfied in the notice may result in acceleration of the sums
<br />...... ..,tI111 SeeMFtt, Instrullllellt ad we of the Property. The notice shall further inform 1J0rro,,'cr of the right to
<br />militate afta'.llCftlention uti tile riabt to bring a court action to assert the non-existence of B default or an)' other
<br />defnse cf Borrower to acceleration and sale. If the default is not cured on or berore the date speclflerlin the notice, Lender
<br />at I.. Ofllon ..y teqllire I....ia.e ")'IMnt In full of .U sums secured by this Security Instrument "'/thout further
<br />.....ad .., a..oke tilt' power ofule and an)' other relMdfespermltted by applicable law, t~ndr.r shall be entitled tn
<br />('0I1fC1 .U UptMII illC.rred I. IMn'Minl the remedf~ proYlded In this ,.tlaraph 19, IndudlnR. bllt not lImitrd to,
<br />~ ait.....)',' I~.. tOOt oltltR nltitMt.
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