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8fi-- 100713 9. Condemnation. The proceeds of any award of claim for damages, direct or consequential, in connection watt any condemnation or other takingof any pert of the Property, or for conveyance in lieu ofcondemnation, are hereby assigned sod Abell be°paid to Lender. ' In the event of dotal 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 Leader otherwise agree in writing, thesums secured by this Security Instrumentshall be reduced by the smountof the proceeds multiplied by the following fraction (s) the total amountofthe sums secured immediately before the taking, divided by (U) the fair market value of tie Property immediately; before the taking. Any balance shall he 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 settle a claim for damages. Borrower fails to respond to tender withi n 30 days after the date the notice is given, Lender is authorized tocollect and apply the proceeds. at its option, either to restoration or repai r of the Property or to the sums s =oured 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 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 in interestof 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 r Borrower ssuccessors 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. Successors and Assigns Hound; 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: f 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 to the permitted line; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reiluctng the principal owed under the Note or by making a direct payment to Borrower.] f a refund reduces principal, the reduction will be treated as a partial paymetta with out any prepayment charge under the Note. 13. Legislation 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. [.ender, at its option, may require immediate payment in full of all sums secured by th is Serur sty 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 Instrumentshall be given by delivering itur by mailingot by first class 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 Lendershall 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. Governing Law; Severability. This Security Instrument shall be governed by federa: 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 provisions of this Security Instrumentor the Note which can be given effect without the conflicting provision. To this emu the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall loe given one conformed copy of the Note and of this Security Instrument. 17. Transfer of 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 Borrower is sole or transferred and Borrower is not a natural person) without Lender's priorwritten consent, Lender may. at its option, require immediate payment in full ofall sumssecured 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, Lender shall give Borrower notice of acceleration. The not ice shall provides period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails by 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 an Borrower. Ito. Borrowers ltixnt to Reinstate. if Borrower meets certain conditions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or 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 Instrument. Those conditions 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 tender 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 Instrumentshall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and theobligatioes secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shat l not apply in the case of acceleration under partwtraphs 13 or 17. NON- 1INIFOaM COVENANTS. Borrower and Lender further convenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foMwing Horrower's breach of any covenant or agreement in this Security Instrument (but nol prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the defauls; t b) the action required to cure the default; (c) &date, not leas than 311days from the date the notice is given to Borrower, by which the default must he cured. and (d► that failure to cure the default on or before the date stweifiett in the note may result in acceleration of the sums secured by this Security Instrument and »ode of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to asK-rt the nun - existence of a default ur an) 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 all sums secured hp this Seetirity Instrument without furtherdemand and may invokethepowerorsaleand any otherremediesperminedbyapplivalde law. ] •nder%halllie rnlitkui to collect all expennen incurred in pursuing the remedies trovided in this paraitraph 19, irwhtding, 11411 not that" to. reawnsble stiorteys' fem and its or tior rvidencr. "osr wn,.w.=ftM,a"