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: 86 105900 9; Condemnation. Tile proceeds of any award of claim for damages, direct or consequential. in connection will, any condemnation orother tak ingot any part of the Property, or for conveyance in lieu of condemnation, are hereby assignod sits l :hall be paid to Lender. In the {event of • total takingof 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 sumsswured by this Security Instrument shall be reduced by the amountof the proceeds multiplied by tbefol)owing fraction:(a) the total amountof the sums secured immediately before the taking. divided by (It) Life 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 settleaclaim fordamages,Borrower fails to respond to Lender within 30days after the datethe notice is given. Lender is authorised to collect and apply the proceeds, at itsepttun, either to restoration or repair of the Property 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 notextend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for paymentor modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor i n interestor Borrower shall I 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 sumassocured by this Security Instrument by reason ofany demand made by the original Borrower or Borrower's successor. in interest. Any forbearance by Lender in exercising any right or remedy shal l not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; 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, forbearor make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. 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 tit the permitted line. and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrow er. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a. refund reduces principal. the reduction will be treated as a partial pay mein with out any prepayment charge under the Note.`x 13. Legislation Affecting Lenders Rights. 1 f 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 sumssecured by this Security Instrument and may invoke any remedies permitted by paragraph 19. 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 1 nstrument shall be given by delivering itor by mailingot by first cis" mail unless applicable law requires 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 shat l 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. IS. Governing Law; Severability. 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 Note conflicts with applicable law, such conflict shall not affect other provision ; 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 be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transferof the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred for if a beneficial interest in Burrower is sole or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may. at its opt ion. 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. Lendershall give Borrower notice of acceleration. The noticeshall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Burrower must pay all sums secured by this Security Instrument. if Borrower fails by pay these sums prior to theexpiration of th is period, Lender may invoke any remedies permitted by this Security Instrument without further notice demand ,m Burrower le. Borrowers Rignt to Reinstate. If Burrower meet, certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at anytime prior to the earlier of. t a) 5 days for such 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) entryof a judgment enforcing this Security Instrutnent.'rhose conditions are that Borrower: (a) pays bender all sums which then would be due under this Security Instrument and the Nutt, had nu acceieratum occurred. (b) cur ", 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 a, 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. Upon reinstatement by Borrower, this Security Instrument and the ob I i gations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. NON- UNIF4R.14 COVENANTS. Borrower and Lender further convenant and agree as follows: 18. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise!. The notice shall specify: (at the defauls: (It 1 the action required to cure the default; (c) a date, not less than 30 days from the date the notice is gix en to Burrower, by which the default must be cured; and (dl that failure to cure the default on or before the date specified ill the note stay result in acceleration of the sums secured by this Security Instrument and sale of the Property The notice shall further inform Borrower of the rigid lu reinstate after acceleration and the right to bring a court action to assert the n,orexistenre of a defauls or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice. Lender at its option may require Immediate payment in full of a:1 sums - -ur•ed hi this Seeunl% h;atrument u ill-ut furt herdemand and may invokethepowerorsale anti any otberreme ,berpermiltedhNamAi,ablelaw Lender, hall Its. eatilled to collect all expenses incurred in pursuing flip remedies pr.n i ded lot 1111, look ago tiph 19. u„iuding hot not limited to, remnable attorneys feet and rerste of title evidence ro "r wrr aw. t., , as