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85.;:a 004567 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. Unkss Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. ) 1 @. Borrower Not Relearae$ Forbesratom By Lender Not a Waiver. Extension of the time for payment or ! modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for by this Security Instrument by reason of any demand made payment or otherwise modify amortization of the sums secured by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. It. Successors awl Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a taw which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount collected from Borrower which exceeded necemary to reduce the charge to the permitted limit: and (b) any sums already permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, in full secured by this Security Instrument and may invoke any remedies may require immediate payment of all sums permitted by paragraph 19. if Lender exercises this option. Lender shall,take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice; provided for in this Security lnstrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law: Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. in the event that any provision or clause of this Security Instrument or the other of this Security Instrument or the Note Note conflicts with applicable law, such conflict shall not affect provisions which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Security lnstrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders pnor written consent. Lender may, at its option, require immediate payment in full of all sums However, this option shall not be exercised by Lender if exercise is prohibited by secured by this Security Instrument. federal law as of i he date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. 'I he not shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by of this period. Lender may invoke any this Security Instrument. If Borrower fails to pay these sums prior to the expiration remedies permitted by thisSed:unty Instrument without further notice or demand on Borrower. is. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: 1a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument: or (b) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: be due this Security instrument and the Note had no acceleration (a) pays Lender all sums which then would under occurred: Ib) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender rnuy reasonably require to assure that the lien of this Security instrument. Lender's rights in the Property and Borrower's obligation to fay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower. this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 NON•UNtFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Aaolerntiaran; Rswedies. Leaider shall give notice to Borrower prior to acceleration foliowinR Iforrawer's brotieb elf wry eo"mM or s$rmwm in tbk SKwity Imettris"" (bat not prior to acceleration under paragraphs 13 and 17 tiinim a//MeM1e law peavitin otberwin). The notice sltrU specify: (al the default; (b) the action required to cure the ildnalli k) a dwtra. sot lose titan 3@ days (tens the dlatt the notice is given to Borrower, by which the default must be cured; and (4) tint &t urn to ewe the detmolit on or before the dab speeiaed in the notice may result In acceleration of the sums ataeared by this SK ItY intirmsett wall sae of the Property. The notice shall further inform Borrower of the right to L reittalala WW seeeared" ad Not right 10 ring 1111 COW ction to switirt the no"xislettet of a default or any other dhiii mn of Donowee to seeeleraUon and sde. It the 6h4bsk is net cured on or before the date specified in the notice, Lender M its optims tiny require kwsodiwta payment In hg of ON sum secured by this Security Instrument without further drawers/ end tiny invoke the power of "k and any other reries" permitted by applicable law. Lender shall be entitled to I N &tip "prannra irewtd in pursuing the rates" prevhkd in this paragraph 19, including, but not limited to. renew" attorneys' leas and CONE of titk evfdranee. If fine power of sale is level" Trustee ball record! a notice fit/ default in each county in which any part of the property is tocatod awed sbdt moil copies ut soeb notice in the manor prescribed by applicable law to Borrower and to the other portions prescribed by applicable law. After the time required by applksblt law. Trustee shall give public notice of sale to the persons and In the murder prescribed by applicable law. 'rrustrt, without demand on llorrowrr, shall sell thr I ..J