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$ i X004211
<br />i 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 />g 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 Borrowers 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 thesuccessors 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, i,P 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, then: (a) any such loan charge shall be reduced by the amount
<br />necessary to reduce the charge to the permitted limit; 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 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 of the dote or this Security instrument unenforceable according to its terms. Lender, at rrs 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 la. 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 Security Instrument shall he given by delivering it or by
<br />marlin_ it by .`;rat Mass marl unless applicable law requires use of another merhod. The nonce shall he :itrected to the
<br />Property Address or any other address Borrower designates by notice to lender Any notice to Lender shall he given by
<br />first class mail to Lender's address stated herein or any other address Lender designates by n: rice to Borrower. Any notice
<br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender whet: giver as provided
<br />in this paragraph
<br />15. Governing Law: Severability. This Security Instrument shall he governed h_c 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 />\ote cont"wts with applicable law, such conflict shall not affect other provui ns ref this Security Instrument nr the Note
<br />which can he given effect without the conflicting provision. To this end the pr,,,.iswns of this Security Instrument and the
<br />Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be given one Conformea : ,py .,f :he Note mo of the, Se: :ur:t% inst:ument.
<br />17. Transfer of the Property or a Beneficial Interest in Borrower. It di av% part of 0— Properiv any
<br />,merest in it n s,,Id or transferred (or if a beneficial interest in Borrower is sold .,r tram!�.rreei ar,d Bnr-nwrr a 71,11 ❑ narura;
<br />pereoni without Lender's pner wntten consent, Lender may, at Its option, require anmc,i,a to ; a� mini ;n rat of all sums
<br />secured ny this Security Instrument However, this option shall trot he exercised w 1 cnolcr if exerri,e 1, ;•r.•hrnrted by
<br />tederal law us of the date of this Security Instrument.
<br />If Lender exercises this option. Lender shall give Borrower notice of acccferation l he n,urcc shall ;.r —idea period
<br />of not less than 3,0 hays from the date the notice is delivered or marled within w h: ^ Rort„wcr must ; ay all ,urns soured by
<br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this prrioa. Lxnder :; %iy invoke arc
<br />rem•_dws eermitted by this Security Instrument without further notice or demand on Borr,wer
<br />IA. Borrower's Right to Reinstate. If Borrower meets Certain C: ndun m. B „riowu, ,hail h.rve !h,: rchi i,! I;ave
<br />enfareement of this Security Instrument discontinued at any time prior to the earlier of ra) 5 days for such ;•,tiler v erioa a-,
<br />applicahle law may specify for remsiatement) before sale of the Property pursuant to any power of ,ate cuniamcd in this
<br />sc um•. in-rr.rnenr :.,r ih) :ntry ;�f a ;udgment enforcing this Security lnstrumenr Thine nndtuons a,. rl:ut R,�r!: war
<br />(a) pays I.ender ali stints which then %ould he due under this Security Instrument aria the NOW had ri,, :riuticranon
<br />twcurred: !bi cures any default of any other covenants or agreements: (c) pays all expenses incurred ;n enkttcutg the,
<br />Security Instrument, including, but not limited ro, reasonable attorneys' fees. and (d) takes such action .n Lcn,frr m.i1
<br />reasonaniy require to assure that the hen of this Security Instrument, Lender's rights in the.l' oper[y .end Ror''w%%Cr',
<br />oblteaiiun pay the sums secured by this Securtty Instrument shall continue unchanged., Upon r: n,staie :ncr.t ' v
<br />Borrower. his Sr•ctirnv Instrument and the obligations secured hereby shall remain fully etfttttyegc It no aCCeleratll)n i,.Id
<br />crcurred Howeu:r, this right to reinstate shall not apply in the case of acceleration under paragraphs i' if '”
<br />Nnti L'%wowd COVEN.AKTs Borrower and Lender further covenant and agree as follows.
<br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foilowing Bnrrnwcr's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph% 13 and 1?
<br />unless applicable law provides otherwise). The notice shall specify: (a) the default; Ib) 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 stints
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />L reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or an% other
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, i either
<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 he entitled io
<br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including;, but not limited tit,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If the power of tale is invnked.'Trustee shall record a notice of default in each county in which any part :,t the
<br />Property is 14CAted and shall mail copies of such notice in the manner prescribed by applicable law ai R,rr i t-cr ,ind r„ th,
<br />other persons prescribed by applicable law. After the time requirtcl by applicable law, l rustec shall i;,v,• pw,hc 10!i
<br />tale to the per,ions and in the manner prescribed by applicable law. Truster, wtthout demand „n R „t 1,t i, •.'::: ! „!i i'„
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