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I, <br />If the Property is abandoned by Burrower, or if, after notice by Lender to Borrower tha a 0033A R to <br />make an award or settle a claim for dam' <br />amages, Borrower fails <br />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 <br />to the sums secured by this Security Instrument, <br />whether or not then due. or <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 <br />paragraphs 1 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 <br />interest <br />Instrument granted by Lender to any successor in <br />of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors <br />Lender shall not be required to commence <br />in interest. <br />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 <br />by the original Borrower or Borrower's demand <br />any made <br />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 />IL Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements <br />this Security Instrument shall bind and benefit the successors <br />of <br />and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. ,Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is <br />co- signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest to the Property under the terms of this Security Instrument; (b) is not <br />the sums secured by this Security <br />Ins personally obligated to pay <br />accomtrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear make any accommodations with regard to the terms of this Security <br />that Borrower's consent. <br />Instrument or the Note without <br />12. Loan Charges, If the loan secured by <br />this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally :nterpreted so that the interest or other loan charges <br />connection with the loan <br />collected or to be collected in <br />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; <br />and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />under the Note or by making <br />reducing the principal owed <br />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 expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security instrument <br />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 19. If Lender exercises this <br />paragraph 17. option, Lender shall,take the steps specified in the second paragraph of <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires <br />use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice Lender. Any notice <br />first class mail to Lender's to <br />to Lender shall be given by <br />address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed <br />in this paragraph. to have been given to Borrower or Lender when given as provided <br />15, Governing aw; <br />g Severability. This Security instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event <br />'.`tote <br />M <br />that any provision or clause of this Security Instrument or the <br />conflicts with applicable law, such conflict shall not affect other provisions <br />which can be f his <br />o t Security Instrument or the Note <br />given effect without the conflicting provision. 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 of the '.Vote and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. <br />interest <br />If all or any part of the Property or any <br />in it o said or transferred (or if' bcneticiai interest in Borrower is sold or transferred and Borrower <br />Person) without Lender's <br />is not a natural <br />prier written consent, Lender may, at its option• require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender <br />federal law as <br />of the date ofthis Security Instrument. if exercise is prohibited by <br />If Lender exercises this option, Lender <br />shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower <br />this Security instrument. If Borrower <br />must pay all sums secured by <br />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. <br />if Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days <br />applicable law may specify <br />(or such other period as <br />for reinstatement) before sale of the Property, pursuant to any power of sale contained in this <br />Security Instrument: or (b) entry of a ludgment enforcing this Security Instrument. Those <br />(a) pays Lender <br />conditions are that Borrower: <br />all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred: (b) cures any default of any other covenants <br />or agreements: (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but nor limited to, reasonable attorneys' fees: and (d) takes such action as Lender <br />reasonably require to assure that the hen of this Security <br />may <br />Instrument, Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Secant% Instrument and the obligations <br />secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall nrr apply in the caseet:acaeleratioriunder <br />paragraphs 13 or 17. <br />Note- U,41FORM COVENANTS. Borrower <br />and Lender further covenant and agr, a as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Bbtfttwer <br />breach <br />prior to acceleration following Borrower's <br />of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />unless applicable law <br />under paragraphs 13 and 17 <br />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 <br />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 s <br />secured by this Security Instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to <br />r <br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default <br />defense of Borrower to acceleration <br />or any other <br />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 <br />demand and may invoke the <br />without further <br />power of sate and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies <br />provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked. <br />Trustee shall record a noticc of default in each county in wtiicti an, part of the <br />Property is located and Shan mail copies of such notice in the manner prescribed by <br />other persons <br />applicable law to } ; „rn >wer and to rbc <br />prescribed by applicable law. After the time required by applicable law, T'nlstce shall rive• public nittto of <br />sale to the persons and in She manner prescribed h} applicable law, 'prustec, <br />I <br />wiihour demand 1111 11111'ri%e <br />, .b:tt) sl'II the <br />J <br />