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86. 106266
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oB'erg to
<br />make an award or settleaclaim 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 />r;. 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 amortization of the sums secured by this Security Instrument granted by Lender to .ny 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 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 />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 woes not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey
<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 Secunty Instrument: and (c) agrees that Lender grid 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 nr other !oan charges collected or to be collected in
<br />connection with the loan exceed the permitted limits. them (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 he 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 Affecting Lender's Rights. If enactment or e«iration of applicable laws has the effect of
<br />render me any provi,;cm of the N,-!e it !his Security Instrument ur,enfor(:e :ahie according to its terms. Lender, at its option.
<br />may require Immediate prime..^.( in 'uii rif 1H sums secured by thin Security instrument and may invoke any remedies
<br />permitted by paragraph !Q if Lcndcr exercises this Option, Lender shall take the steps specified in the second paragraph of
<br />paragraph 17.
<br />14. Notices. Ar.,; notice it Borrower ^sided f.., In !rim Secur, +, rument shall be given by delivering !tor by
<br />mailing it by first 'ass mail n!ess �prh.ahie saw requirrs use of an, .ncnIn, -d. The nonce shall be directed to the
<br />Property Address �,r any other :address Borrower designates by notice t; !.ender Anti 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 nonce
<br />provided for in this Security instrument shall be deemed w have beer. znen w Sorrow•er or Lender when given as provided
<br />in this paragraph.
<br />15. Governing Law: Severability. This Security lnstrLment ,hail ^.e governed by federal law and the law of the
<br />jurisdiction in which the Property is �:)cated. In the Ise. ^.t that any provision or clause of !his Security Instrument or the
<br />Note conflicts with applicable iaw, such conflict shat! not affect other provrstnns ,)f this Security Instrument or the Note
<br />which can be ia!yen effect without the conflicting pmviswri. To this end the provisions of this Security Instrument and the
<br />Note are declared Ir, be se %erahle
<br />16. Borrower's Copy. B r-nwer shail be ven one contormeo :hc �,olt and of this Secunty Instrument
<br />17. Transfer of the Property or a Beneficial Interest in Borrower. ;f ail .,r any part of the Property or any
<br />interest m it is sold or transferred trr 1f a'tcneiiciai interest in Borrci'A cr is " ,,. -,r :ran,( erred and Borrower !s not a naturai
<br />persons without Lender's prior wni ?en convent, Lender matt, at its ortier. require immediate payment in full of all sums
<br />secured by this Securit} Instrlimen! Hnwever, this option shad he e :e-c<sr_d '.n% Lender if exercise is prohibited b%
<br />federal law as of the date ofthis sec r,IC instrument.
<br />If Lender exercises this ,�cnon_ Le ^.der shall one Borrower ri, >r, :e rf acceleratwn The ronce,hail p:oyide a penad
<br />of not less than ;0 days Nn :n,: —laic the none: is dctn cried r mailed within %k nic h Born vier Must pay aU sums secured by
<br />this Secuiiy instrument it 13orower' ails ::i pay these sums prior in the expiration of ant, 7eriod. Lender may invoke an_%
<br />remedies permiitcu' ^y :lies it ,,ut further notice or deman. :gin Borr ,wer.
<br />18. Borrower's Right to Reinstate. It Borrower meets certain c ndiu: ns. Borrower shall have the right to have
<br />enforcement tie ur !n,tr,.,r.c :.. ];sc ni!nued, .0 any time rmi in the eari:er of ia) I days (or such ,ther pened ..s
<br />applicable law man ,, .!fy c :nsnateme. ^.t )^before sale of the Property pursuant :o any ,sower of sale ontaincd in this
<br />Security Instrument ., a ,,_edgriea; entorcing this Secnriry Instrument I hrse condwons are that Borrower
<br />(a) pays Lender .ti; sum, .yhich •tiea .would oe due unifier this Secunic Instrumcnt and the Note had no acceleration
<br />occurred. +hi :ure, .-in-, dc:aui: r,
<br />_\ .xhe n r ct)yenan .fir aereement�. c pays all expenses incurred in enforcing th!,
<br />Secunty lnstrurrier,t. riciuding. ^ui n,)i tinted t.. reasonable attorneys' tees. and 'd) takes such action as Lender may
<br />reasonably rigs tic :,i ,stare :; at t'hc lien of Ih;, Secu ^i: Instrument. L:riJer - nts .n the Property_ and Borrower',
<br />obligation m ruy the sum: _"ures by !his Security Instrument .ha;l , nt;m!e cnchanged Upon reinstatement by
<br />BOCTOw Cf. !nl, �C: 't , „,f; .,,,iZnt :trill !hC .`b!iza�i, `it s'e :j -ed no, acce:er.iTion ..a.i
<br />Occurred. However. aiis rizrit:. r_ias.ate,hall Tic! arpiy .n thecaw t .: c,.,--!iicn .,riot: paragraph, 1 _ or
<br />NON- U--:IT:OR . CnvEN nsl,S Borrower and Lender further covenant and agree is follows:
<br />19. Acceleration-, Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
<br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 30 days from the date the notice is given 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 may result in acceleration of the sums
<br />L secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender
<br />at its option may require immediate payment in full of all sums secured by this Security Instrument without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall he entitled n)
<br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence. w
<br />If the power of sale is invoked, Trustee shall record a notice of default in each comity in which an} part of the
<br />Property is located acid shall mail copies of such notice in the manner orescrthed b% applicable law to Borrower and to the
<br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shail i;lye puhlic noUCL "f
<br />sale to the persons and in the manner prescribed by applicable law. Trustee. without demand n Rnrr,naer, shall sell the
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