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87-104624 9. Condominstion. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking (if any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or smile a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Properly or to the sums secured by this Security Instrument. whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released-, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Suiccessors and Assigins Hour*- Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Low 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 4 permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by staking direct payment to Borrower. If a refund reduces principal, the reduction will he treated as a partial prepayment without any prepayment charge under the Note. 13. Legislative Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option. may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 119. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. 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, 15. Goveraing Law; Severabillity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the X-7 Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to he severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. -0 17. Traordirrof the Property or a Beneficial Interest in Borrower. If all orany part of the Properly or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold 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. Howcycr, this option shall not be exercised by Lender if exercise is prohibited by federal law a% of the date of this Security Instrument If LcndcrextTciws this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than .10days from the date the notice is delivered or mailed within which 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. 18. Borrowees Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the tight to have enforcement of this Security Instrument discontinued at any ',7se 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 enforcing this Security Instrument. Those c onclitions 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 covenants 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 may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. UrKm reinstatement by Borrower, this Smartly Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the caw of acceleration under paragraphs 13 or 17. NON-UNIFORM COVENANTS Barrov= and Leader further covenant and agree as follows: It Aevellarathm; Remedies. Lender shall give notice to Borrower prior to acceicration reHowing Bor'rower's We" of any ouvenowit or arimismist in this Security MMunwo (bet W prior to acceleration under paragraphs 13 MW 17 wim applicable k- provides Tba notice shall speeffy: (a) the ditilauk (b) the action requind to cure the ddmk (0 a dift am leas dine 30 days kins the date the notice In aim to Borrower. by which the default mod be cured; mod (4) dot Saftim to me Our deftieft as at Wileve the time specifiled In the notice may remit in acceleration of the mum seciared by Ibis Secauft histransed and sale of Our Property, The notice Shall f1artber inform Borrower of the right to rwkwu* after acceleration end Not ri* to bring a court action to amerl the son-existence of a default or any other dOhM of DwMww to acceleration and Oak. It *a dolhimill lis am cared an or beliore the date specifie0l in the notice, I-vmkr Id ft Option MM 104WN isaWfAft issyment In is# of aN sum secured by this Security Instrument without further dentinal and Only NMVAW do PMW Of ask and my other rentedies permitted by applicable law. IA4mkr shall be entitled to 0010W &N IMVBRM Wicafred In pwwftg The Mae&" provided In this paragraph 19. inct"na, but not limited to, roa"mwo steennow Am and cents of tkk evid"M