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85 0009'73 <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim 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 />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 1 and 2 or change the amount ol'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 oy Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's saccessors 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 theonginal 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. "rhe 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 interest On the Property under the terms of this Security Instrument: (b) is not personally obligated 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 loan 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) an,, sums already collected from Borrower "Inch 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 wril be created as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or Cxpiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender. at u% option, <br />may require immediate payment in full of all sums secured by this Security instrument and may invoke any remedies <br />permitted 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 tit this Security Instrument ,hall he gt%en by Ielrvcrine it r,r by <br />mailing it by first class marl unless applicable law requires use of another method. The notice shall he directed to the <br />Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shall he grsen by <br />first class mad to Lender's address stated herein or any other address lender designates by notice to Burrower Am notice <br />provided for to this Security Instrument shall be deemed to have been given to Borrower or Lender when g1%en as p ro%tdcd <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrurncnt shall he governed h% federal law and the law of (he <br />jurisdiction in which the Property is located. In the event that :u1} provision or clause of this Security Instrurncnt or the <br />Note conflicts with applicable law, such conflict shall riot ;affect other provisions of this Secunty lna tiurncnt .,r the 'roue <br />which can he given effect without the conflicting provision ro this end the provisions A this Security Instrument Lind the <br />Note are declared to be severable. <br />Iii. Borrower's Copy. Borrower shall be given one .onloinied copy A the Note and .,I tits lrcur % Ins!rurlent <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If .a" or MIN ;,.lit of the Pn.perty ,'r Lill% <br />interest in it 1s sold or transferred (tx if a benetictal Interest ter Horto%ver rs sold or transferred air,! Borrower is nut a n.iiur.ti <br />person) without Lender's prior written consent, Lender may, at its option, require tmmedtale pagrnew ;n fuil or ail surns <br />secured by this Security Instrument However, this option shall not he exercised by Lender If exerctsc is 1-roiuhIleo h% <br />federal law as of the date of this Security Instrument <br />If Lender exercises this option. Lender shall gi•.e Borrower notice of acceleration The notice shall pn,%icie a period <br />of not less than 34 days from the date the notice Is delivered or mailed within which Borrower must pap all sums secured by <br />this Security Instrument If Horrower fails to pay these suits prior In the expiration of !firs period. Lender rna} invoke an•, <br />remedies permitted by this Security instrument without further notice or demand on Borrower <br />19, Borrower's Right to Reinstate. If Borrower ricers certain conditions, Borrower shall h.a%e the right To ha %c <br />enforcement of ibis Security Instrument dISCnnllmled ,a[ .111% little prior to the earlier of (al S days Ior su,:h oihev pcnoai is <br />appltsabie law may ,ltcxlfy for renr,tatenieni) before sale of tic• Property pursuant to any power of stale ro married ;n this <br />Security lnstrume €iI. or obi entry of .a iudgnaent Coforcrng Oils Security Instrument Those %ondit ons at,- that li,,iiovir <br />(al pays fender all sums which then would be due under this Security Instrument and the Note had no accrierat,on <br />occurred. ibi cures .any default of tiny .,Iher ._o%enant% or :rgreemenrs: Ill pays all expenses incurred oI rnG(, r11g this <br />Security Instrument. Including, but not limited tit, reasonable attorney,' fves. and id) takes such .action is 1 miler ;71.1, <br />rev onably require to assure- that the lien of rhos recurit% Instrinncnl. Lender s rights ill the Propem Lind 13„rt0%%cr .. <br />obligation to pay tire sums sccuse,i by tilts tie.unry Instrurncnt shall onUmre• inachanged Upon r,,,INal.^nrnI > <br />Borrower, !fits Seeurny Instrument and the ohligauons see.urcd hereby shall remain full,, efiecli%e as 11 Po .Ik:CIC1.11wir had <br />occurred liowcver. Obis right to reinstate shall riot at,16 ill [lie r.rsc• . l accelriation under paragraphs 1 1 . r <br />NoN•UNiFOItM COVEN Borrower and Lender further covenant all d,gre, as follows <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration followurrt Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 trod I' <br />s"iticarble law provides otherwise). The notice shall specify: (a) the default; (hl the action required to cure the <br />defooralt; (c) a date, not less than 30 days from the dote the notice is given to Borrower, by which the default most he cured: <br />Md (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the surns i <br />seclared by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />rostarstate after acceleration and the right to bring it court action to assert the nun- existence If a default or env other <br />ddmwof Borrower to acceleration and sale. If the default is not cured tin or before the date specified in the notrce, I ender <br />at its y require immediate payment in full of all sums secured by this Security Instrument without furllrea ; <br />deowd and may invoke the power of sale and any ether remedies permitted by applicable law, Lender .halt hr entirtrd to <br />C01hict All CKPCU40S incurred in pursuing the remedies provided in this paragraph 19, including, hilt not Itmtietf to. <br />r le attrrrneyw' fees and ousts of title evidence. <br />If the power of laic I% invoked, Irustee %hall recued a notit'e of default 1n eat it aountY o1 %vtnrh 111e% Halt .11 the <br />1rr rty iv towated and shall mail copies of such nr/liee Ire the noanner pre%t'rihed by ;ipplrt',ohle larw fit It'll rllwt't ;ant! Ill 1111 <br />Miller Vffllisrim prexsrilillir9 bt AtipilMlible he"'r After the lane, ro,ytnrIIt by applicable low. i nestee shrill at,r puralo n.,ru, <br />sale 10 t rstrns ;and cry the onrxaner pi"I'"rilarrtl ha appilrahlr lalw I rustce, without .Ivotlo-aoal tin Hurtuwet '1"411 soli €hr � 1 <br />