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If the Property is abandoned by Borrower, or if, after notice by 00234 <br />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 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 any 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 does 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 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, them (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit: and Ib) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Vote or by making a direct payment to Borrower. If a refund reduces principal. the reduction will he treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights, If enactment i:r expiration 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 its 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 ly. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph l' <br />14. 'Notices. Any notice to Borrower provided for in this Security instrument shall lie given by delivering it or by <br />mailing it by first :lass trail unless applicable law requites use of another method. The notice shall be directed to the <br />Property address or any other address Borrower designates by notice to Lender. Any 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 notice <br />provided for in this Secunty Instrument shall he deemed to have been given to Borrower c)r lender when k.iven as provided <br />in this paragraph. <br />15, Governing Law; Severability, This Secunty instrument ,hail lie governed by federal law and the law of the <br />,urisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be 4iven effect without the ;:onflicting provtsirni. To this end the provisions of this Security instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy rot the ;Vote and of this Secunty instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If All ar any part of the Property or :any <br />interest in it is sold or transferred for if a henelicial interest to Borrower is ,oid or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender tray. At its option. require immediate payment in full of all sums <br />secured by this Security instrument However, this option shall not he exerclsed by [..ender if exercise is prohibited by <br />federal law asof the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower nonce otacceleration. The notice shall provide a penod <br />of not !ess than `10 days from the date the notice is delivered or mailed within which Borrower must pay All sums secured by <br />this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18, Borrower's Right to Reinstate. if Borrower meets ..crtain , ondiuons. Borrower shall have the right to have <br />er.farcernent n; ihis ecunt% irr trunient discontinued At :ins time ;-.nor to I bt! carIier :)i ia) days (or such ether period as <br />sppiicabfc law may spccity for reinstatement) hefirc sale of the Proper-1%, ,narsuanl to any ,owcr of sale ronwined in ,tits <br />Security Instrument, or ih) cntry of a judgment enforcing ihis '�eruritc hisirurncni 'T'hose :onditiom are. that Borrower <br />ia) pays Lerider ail <ums which then would be due under this Security Instrument and ;tic Vote had no acceleration <br />occurred, ihi .:ures An v , delault if any other covenants tr agreements. ` :J ;its all expcnses incurred ;n enfor'cuiti tits <br />Sccunty Instrument, :ncludhrrg, but ;lot limited to, reasonable attorneys 'ces: and full tikes such action as Lender in:n <br />reausnably rec;wrc fo issurc that the lien ..N this Security lnstrinnen;, t.cnder's i:ghts in ncc Property and Borrower's <br />•)6ligation to pay the sums secured by this Security Instrument hall continue anihangcd I_'pon r,nnsI (cmcnt ic <br />W)rrower. this Secunty Instrument prod] the t aii rem urn (ul ;c �fl'rr :;seas if i;o a:eelciautm !,alt <br />ccisrred llcwever, this right to reinstate shall not appiv ui =h . ivase „i i n „n :end: pant rapes ; .,r 1 <br />NON- UNIFr)RM COVENANTS Borrower and Lender further, ovenant and agree As toilows <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />britnuch of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraphs 13 and 1” <br />unless A#Wkabk law provides otherwise). The notice shall specify: ia) the default: !hi 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 />secured by thillo Security Instrument and sale of the Property. The notice shall further inform Borrower ,if the right to <br />eel to after acceleration and the right to bring a court action to assert the non•eaistenee of a default or any other <br />der of Borrower to acceleration and sale. If the default is not cured on or before the date cpecitied in the notice, I.cnder <br />at its opinion MMV require immediate payment in full of all sums secured by this Security instrument without Further <br />dents" nuilt may invoke the power of sale and any other remedies permitted by applicable Saw. I.cnder shall he entitled to <br />collect 111 eape incurred in pursulnp the remedies provided in this paragraph 1N, including, but not limited :o, 1 <br />t a attorneys' ( . and costs of title evidence. <br />If the power of sale i♦ Invoked. Freud" tihall record a notice of default in each enuaiy to which am ,fart it the <br />Property is located and shall snail copies of tiuch notice in the manner prefacribxd It% .ipplicable IAw i„ Ilm rower And for rhr <br />'011litiry raoaaa pre tit e$ f)y applitahle law, After the. time itrquired by Applicable i.iw, I tmtev % haail hill• tisihlic notecr .�t <br />ease Orr the POMOIS : anal in the ietanner p"Wriha*d by Applicable law. 1rer4tee, wtiht,ot ilenaand m "ort —vr. *lcatl +oil 1:u t <br />l <br />