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003982 <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 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 />shaii not be a waiver of or preclude the exercise of any right or remedy. <br />P 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />this Se urity Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />l of paragraph I7. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />l 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 />11. Loan Charges. K the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charge,, 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 shalt be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and fb) 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 Note or by making 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 oft he Note or !it s Security Instrument unenforceable according to its terms. Lender. a[ its option. <br />may require immediate payment to 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. Ary notice to Borrower provided for in this Securir: Instrument shall he given by delivering it or by <br />mailing it by ,•first :;ass mail unless applicable law requires use of arottier method. The notice shall be directed to the <br />Proper, 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 Security Instrument shall be deemed to have been given to Borrower or [ender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security instrument shall he governed by federal law and the law of the <br />Jurisdiction 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 Iaw, such conflict shaii not affect ether provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the previsions of this Security Instrument and the <br />;dote are declared to be severable. <br />16. Borrower's Copy. Borrower shall be gtsen one conformed - -n% .0 the Note and of this Serunty Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all nr any part of the Property or any <br />interest in it ;s sold or transferred f,)-. if a heneficiai interest in Borrower t, sold or transferred and Borrower is not a natural <br />person) wahout Lender's pnor written c:onsent, Lender may, at its option. require immediate paymeni in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise ;s prohibited b% <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall gne Borrower nonce of acceleration. The nonce shall provide a period <br />of not less than 10 days from the da[c the notice is delivered or mailed within which Borrower must pay all sum% secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may smoke any <br />remedies permitted by 'his Security Instrument without further notice or demar, i on Borrower. <br />IS. Borrower's Right to Reinstate. If Borrower meets certain condmi cis, Borrower shall hate the right to have <br />enforcement of tins Security Instrument discontinued at any time prior io the earlier of ia) ` days (or such other period a, <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contacted in this <br />Security instrument: or (bi entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower <br />fa) pays Lender all sums which then would be due under this Security Instrument and the dote had no acceleranon <br />occurred; fib) cures any default of any other covenants or agreements; (cr pays all expenses incurred ci enforcing thn <br />Security Instrument. including. but not limited to. reasonable attorneys' fees. and (d) takes such action as Lender r i.% <br />reasonabiy require to in assure chat the lien of this Security Instrument, Lender's rights in the Property and Borrower', <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement hs <br />Borrower. this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceler anon ha,, <br />{occurred Howe %ei, this right to reinstate, shall not apply in the .axe of acceleration under paragraphY'? or I-1 <br />Nora- UNIFORM COVENANTS Borrower ar,-J Lender further covenant and agree as follows: <br />19, Acceleration; Remedies. Lender shall give notice to Borrower prior to 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 />wakss 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 sum% <br />L secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reiaatate after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />defense of Harrower 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 item" late payment in full of all sues 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 entalyd to <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to. <br />reasonable attorneys' fries and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each rounty in which -any part of the <br />Property is located and shall mail copier of such notice in the manner prescribed by applicable iaw to liorro%rr and to the <br />!ether persons preuwribed by applicable law, After the time required by applicable law, Trii %tee %hail girt ;iublie nl-nir , ( <br />sale to the person+ and in the manner prescribed by applicable law. Iru%lee, %ithout demand in Itornrarr..hall ,rl! th, <br />