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85-.. 0041 ,20 <br />If the Property is abandoned b: Bertower. c r if, after notice by Lender to Borrower Ihat the condemnor offers to <br />make an award or settle a , arm for dare' <. Bore twc: fads to respond to Lender within 30 days after the date the notice is <br />given. Lender is authorized to collect and apl ly the proceeds. at us 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 Securitv Instrument by reason of any demand made <br />by the original Borrower or Borrowei s successors in interest. Anv forbcaranct 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: Cu- signers. The covenants and agreements of <br />this Securitv Instrument shat} bind and benefit the successors and assi_•ns 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 be this Security instrument: and (c) agrees that Lender and any other Borrower may agree to extend. <br />modify, forbear or make anv 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 subiect to a law which sets maximum loan <br />charges, and that law is virally 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 ;he charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits \y;ll he re :untied to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Mote or by :Waking 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 dote. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any pro%ision of the Note or this S:.cunty Instrument unenforceable according to its terms. Lender, at its option. <br />may require immediate payment !n 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 I?. <br />14. Notices. :any notice u? Borrower provided for in this Security !rrstruntent shall be given by delivering it or by <br />mailing it by first class mm: tn!c%s :ippiicahle law requires use of ano!her method. The notice shall be directed to the <br />Properly Address or any railer address Borrower designates by notice to Lender Any notice to Lender shall be given by <br />first class mail to Lender address stated herein or any other address Lender designates by notice to Borrower. Anv notice <br />provided for in this Securitv Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing I aw: Severability. Tins Security instrument ,hall he co%erned by federal law and the law of the <br />Jurisdic-tion to ah:ch the E'r ^perry Is if in the event !hat anv provl%i\ut or clause of this Securitv Instrument or the <br />Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note which can he erven effect wtihout the cotinicime provision. To this end the pro%t,:ons of this Security instrument and the <br />Vote ar:' ,lC!'lart'd try I`e ,ever,', "it <br />16. Borrower's Copy. l onower shall he given line cont "rmed o,v% of the Noic and of this Securtn Instrument. <br />17. Transfer of the Property or a Beneficial interest in Borrower. If ail r,r snv part of the Property or any <br />interest in it Is ,r6! r it.in,fcr, ed „ Ifs htIrlefin :tl interest In B,rrnwcr Is slid rir trinsfcrred and Borrower a not a natural <br />person.) without I.cnder', per r :vn!i ;•n consent. Lender rnav, at its ortion, require mmediate payment In full ofall sums <br />secured h) this Src::nn insr;umrnt Nc Weyer, this Option shill not he exer:i%cd !,v Lcnder if exercise Is prohibited b% <br />federal law as trite iaie.�l!ills Instrument. <br />If Lender cter_t,• , !his r,pr,l ±n. Lender ,hall Fire Borrower notice ntacceleratinn -file notice shall provide a period <br />of not less than ;i da\, to m ;fir late the notice Is dehvered or mailed within which Borrower must pay all sums secured by <br />Ihts Srcurtn ins[;!line. ^.t If B.rrower fails Io pay these surns prior to f he expiraUnn of this period, Lender may invoke any <br />remedies permitted I,%. tills Security Instrument without further notice or demand on Borrower <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforccp;eni tits �: ur.n 1!1%trunient discnn!Inued at anv time , nor to the earlier of. (a) g days (or such other period as <br />apphrahie !,iw rnav, sl•ccily t•,r rrui,latrment I hcfore sale of the Properiv pursuant to anv power of sale contained in this <br />Srcunt: ln,uumern 'r Ihl ­t ^!,-. .f ,: iu,hnnent enforcing this Securitv instrument. Those conditions are that Borrower <br />(a) pays I.end••r .::I ••urn, .iiiji !hen . ,uld he due under tins Security Instrument and the Vote had no acceleration <br />occurred. I+„ . -:lies i ,• 1'ri.: Ih anv -ther ;ovenants or aeteeinent•: Icl pays all expenses incurred in enforcing this <br />Security In,stn:lne:it. Insiu.Lr,I ')ut mo hrnrted to. rea%otwhle attnrnc}, fees: and (d) takes such action .is Lender may <br />rcasrntabty require ! : as.urr rya: itic Ilen .,f tl.r, Securny Instrurnenf, Lender's rights in the Property and Borrower., <br />„hligann.i •.:� t,. lI•• :�It,' -1 I„ tilt, C•iR Instfum;:nt .hall ,•,r.imue unchanged 1,'pon rein,r:uemr•:I F, <br />Borrower 1 I s... , l.:..1 Intent and the i•Mle.111"fi, Lure;: hrrehv 1h :Ill r'•rnatp fully effective as It no.tccetc•r;;t :1,n ^.ni <br />r.cuttra }f, ..... •trrt •,, r :•ir ;, :.oe shall r,,.1 I Iv lit 1111 .a "! <br />rp'. a,.eclr:.uu,n n :i�luritaragraph% ;3 rr i' <br />tirI`:.l'• :)frN•t (',,•:t •.n•:ts Borrower and i ender tufther c<,vc'riar,I and agrr�a IUllpws <br />19. Acceleration; Remedies. Lender shall give notice to Forrower prior to acceleration following Ilorniwrr'% <br />breach of any % covenant or agreement in this Securitv Instrument (hut not prior to acceleration under paragraphs 13 and 1", <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (h) the action required to cure the <br />default; (c) a date, not Ices than M days from the date the notice is given to Borrower, by which the default must he cured; <br />and (d) that failure tea cure the default on or before the date specified in the notice may result in acceleration of the sums <br />L secured by this Securitv Instrument anti sole of the Property. the notice ,hall 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 anv 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 mar, invoke the power of sale and any other remedies permitted by applicable law, i ender shall he entitled to <br />collect air expenses incurred in pursu }ng the remedies provided in this paragraph 19, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />if the powvl of sale is imr,ked, Iouottre %hall rrcord a mice "f de /suit In each :aunt\ ui ,ouch an% parr If rile <br />PropPrl% 1 % I'll af(d and %hall rnall t'nplt'S'If Such mire• in the manner pn•%rr,Irrif h. Ippllcahte Loo !,I Hr,rri —cr and to rir <br />,ithrr pervms prr•,aro,i I h% .ipplicahlp law. 411 the Unit' required by apple ahle !a.. i lu %ter shall ::rir p ub11c m,hcr 'f <br />%Ale fn file persons .Ind m the manner lieu %k I ibed h\ applirahle law 11Ilstu, w011ollf dvillaild :�n B•,t r, rr, I. ,h.tll ,nil Ii„ <br />_I <br />oval <br />