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1 <br />L <br />t. )".15- 003780 <br />If the Property is aban,luited ^ • ijort wet, or if, after not: by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for ciamaze <. Bor rower fails to respond to Lemier within 30 days after the date the notice is <br />given. Lender is authonzed to col,ec: inc apply the proceeds, at its option. either to restoration or repair of the Property or <br />to thesums secured by this Securty 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 monthiy payments referred to in 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 Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the onginal 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 Sec ar itv Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbear aitce by Lender in exercising any right or remedy <br />shall not be a waiver ofor 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 assi Orris of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrow ar who co -signs this Security <br />instrument but dues 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 :Hake an-, ac,or nmodations with regard to the terms of this Security_ Insirument or the Note without <br />that Borrower's consent_ <br />12. Loan Charges. If the lean secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that law is ;::ally interpreted so that the interest or o.ner loan charges collected or to be collected in <br />connection with the loan: exceed he permitted limits, then: tai any such loan charge shall be reduced by the amount <br />necessary ry reduce the charge to the permitted limit: and lb, 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 pnncipal, 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 cr this Security Instrument unenforceable according , !ts terms. Lender, at its option, <br />may require immediate payment in full of ail sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph ;?- if Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />}paragraph I?. <br />14. Notices. Any notice to Borrower provided for in this Secur ; rument shall be given by delivering it or by <br />mailing it by nisi ..ass mail art :ess a ricapie law requires use :�f .. ..._. :_,,.od The notice shall be directed to the <br />Proper. Address ,— any other address Borrower designates by no:icc Len -'er Any notice to Lender shall be given by <br />.,rst class mail to Lznder"s address stated lerein nr any other address Lender designates by notice to Borrower. Any notice <br />provided form this SecuniN lnstrument shall be deemed to have been ziven to Borrower or Lender when given as provided <br />.n this p 'irapt. <br />15. Governing Law: Severability. This Security instrument Shari `,•e zoverned by :edcrai taw ;;nd ;te law of the <br />iunsd!ction in wnich the Property :s 'cr_tted. In the event that any pr %ision or clause of this Security instrument or the <br />Note conflicts .x n applicable law_ such conflict shall not affect other .ro%isi; ns this Secunn Instrument or the Note <br />which can he zr en 4t ct withcut the conflicting provision. To this end ° prc4is:ons of this Security Instrument and the <br />Note are dec, r c t_, be se, era ^le. <br />14. Borrower's Copy. B, .. ^wet >ha,: 7e aar.en one conf,, -rme _ '� ate and f t^ Secunn Instrument <br />1'. Transfer of the Property t:r a Beneficial Interest in Borrower. 1 any ;:art of the Pr perry or an} <br />interest in ;c c t: a..s a sec :y :, ai interest in Borrower !s s.. . r r .s;_rred and Bor rower ;s not a natural <br />person i %ith, u. . c�uer', t: or wr..t.,t consent. Lender may, at its option. require immediate payment !n. furl of ail sums <br />e ire. by :his 5: ntti Ins.. me ... Hayaever, this opnen shall pct he exercised by Lender if exercise pronmlted by <br />federal law us ih-e .ate �i his Scr itv Instrument. <br />If Lender er.erc!ses tnis orta;n. Lender shall give Borrower notice of acceleration. The notice shall rrn%Ide a pened <br />of less ha- CL,. r ,e c;a e nonce is delivered or ma!ied ui :fin which BOO wer must ay all sums secured by <br />t: ^,is Security 1:„ ,.,_,...f .3cr>, :zw . ,iils to pay these sums prior to the expiration _if this period. Lender ma-, invoke ar.} <br />remed °es r=etina to s 'Se,i;rit v Imnrument without further nonce or demand on Borrower. <br />18. Borrower's Richt to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforc.m.:.t of h.: Se.u.* t lnstrurnent cos,:cnunued at any time prior to the ea her of (a) 5 days her such other period as <br />applicable law rnav s.,ec;f. t .r re :ns:atr :aunt i before sale of the Prnperry pursuant to anc power of sale contained in this <br />Se.uriry t s!ri:r-e ... (hi C;itr ;udgment enforcing this Secu -ilv instrument. Those conditions are that Borrower: <br />(a) pays bender a ?I sums -wn:u h !hc�i +%ou:d be due under this Secur:i} Instrument and the Note had no acceleration <br />occurred: thi ures a % defauii ,,f an} oilier niaenants or agreements tc) pays ail expenses incurred in enfcr_ine this <br />Secant% Instrument. ineiudit_,. but nt?t limited to, reasonable atiornecs' fees: and !d? iakes such action as Lender mar <br />reasarably require tr± assure That the 'oen of this Secunn Instrument. Lender's rights in the Property and Bnrrower's <br />ebli@ anon tC pay the sums secured br this Security Instrument .hall continue unchan_ed Upon remstaiement r.t <br />Borrower. ibis Security lnstrunient and the ?biigait •ns secure ! hereba shall remain fully etrC,nve as if tit, acv iera[ion had <br />occurred. Hcwe er. this right to re:nst:atesimll n,,l apply in theee ff�C"�tc'l3;l Tl tifidetparagraphs 13 nr <br />No: •Uti1FOx+t COVENANTS Borrower and Lender furl tercC, c ant zialgm assklows <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prrorti,'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 />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 be entitled to <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. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in »hich am part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to 13„rrower and to the <br />other persons prescribed by :applicable. law. After the time required by applicable is», Trustee shall gip,. public notice of <br />sale to the persons and in the manner prescribed by applicable law. trustee, withoui demand on llorriiwer, •hall sell the <br />R <br />