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ft bb— U052X 3 <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 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 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 the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint 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. IC 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 Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Secunty 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. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by <br />mailing t: ti., first class mail unless applicable law requires use of another 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 he given by <br />lest class mail [o Lender•i address stated herein or any other address Lender designates by nonce to Borrower. Any notice <br />provided form this Secunty Instrument Shall be deemed to have been given to Borrower or Lender when given as provided <br />'n arts; alagraph. <br />15. Governing Law; Severability. This Secunty instrument ,hail he governed by federal law and the law of the <br />_.unsdic:ion .,inch the Property's located. In the event :hat any provision or clause of this Security Instrument or the <br />Note ctxi:!ic:> wish applicable law. such conflict shall not affect other nrovistnns of this Security Instrument or the Note <br />which can he et•.en effect without the conflicting provision To this end the provisions of this Security Instrument and the <br />s�oic arc de :laicd to be se%crahle <br />16. Borrower's Copy. Borrower ;hail he n%cn one:owl-'rilica, .;f the Note and of this Sccunt} Instrument <br />17. Transfer of the Property or a Beneficial Interest in Borrower. It all or :sty parr of the Property .. r ans <br />n[rre,t if) It is SOId . r lrATIlferred r,,r'f a heueticwl interest in Borrower is sold ,ir transferred :md &-::coil': , not a natural <br />persorit without I.crider's prior wntini: ,)risen[, Lender mat, at it, •.;peon. require ntlniedaate payment nt rill( of all sums <br />,-,cured by this Securtrx Instrument However. ihu option ,hall rust hr exercised by lender if excn.'se ;s prohihrte(i <br />federal law as •N the date of this Security Instrument. <br />if Lendcr c.xcr,iscs this option, Lender shall gr.e Borrower n,ittce 0 acccleranon. the reuse ,hall prrnide a period <br />of not less than ?0 days trim the date the notice a del'tcrcd or mailed within w hick Borrower roust pay all ,urns secured by <br />his Securiry Instrument. If Borrower fi is to pay these sums prior to the exptranon Of this ncrio d. Lendcr may uttokc any <br />rcrnedies pernuttcci by this Jecunty Instrument without further notice or demand un Borrower <br />18. Borrower's Right to Reinstate. If Burrower meets certain condtuons, Borrower shall hate the right to !'a%,: <br />en ;or :-merit „f this tiecun'y In,irumcnf discuntmued et any little ;'�rror to the earlier of (3' � days (or su:h other period as <br />upphcahir !aw mac specify for reinsta(ement) before sale of the Property pursuant In any power of ,ale :ontauied lit this <br />Sccunt'. (n,tr_ :m :_nt r .hi en[rt . f a pidarmcnt enlorcttlg ;his Security Instrument. Tho,c :ondilwns ,irc that Bornowe: <br />1.oi pays I ender .ill ,isms winch then would he due under this Security Instrument and the Note hau rio acccicrauon <br />;ccurrcd, ihi care, an•, do %tint of any othee :o%eriants or agreements, lc) pay, all expenses Incurred !n enforcing ill's <br />Sccuras Instrument. uti:luehnk. but not fruited to, reasonable attorneys' fees. and W1 takes Such actt,m .is Lendcr iliay <br />reavrrcth(;. :ryuuc „ .:,sure !1131 the hen of this Secunty Instrument. Lender's rights in the P- open`, and liorrou::r', <br />. Secunty Instrument hall ontinue unchanged. Upon btuat m the uns secured by this <br />rr :n,tu'en err i t <br />Borr:w•r, 4us .•, :!air. lnstrt:nient Send [tic obhgations , -,cured hcrchy shall remain fully effective as'tn, er :eict.ur :n !t,',i <br />. :Lurecd flit :e.cr. )fns neht !,I reinstate "hall n,;[ .apply in the case .,(e ccleratnat under paragraphs ;r '- <br />tiiw -t.' I' SIR t CuvF.>.•xvrS Borrower and 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 of agreement in this Security Instrument (but not prior to acceleration under paragraph% 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: tat the default; (h) the action required to cure the <br />default; lc) a date, not less that 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 oi' the sums <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 any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specitietl in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Secarity Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall tic entith'd to u � <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, Including, hat not bailed to, a <br />reasonable attnrnevs' fees and costs of title evidence. <br />If the power of safe is in Yoked, 'i'rustee shall record a notice of default nt cacti otinr% in whteh an, part of [lac <br />Property is located . +rid shall mail copies of wch notice in than manner prescr'hrd by :applirablt• !a,. to Ito[ t t,t,[ and to Ill, <br />other persons prescrlbrd by applicable law, After the time required by apphcable la,,. I roils- '.hall tUto public mlwi .1 <br />selc TO tin' persons and in On- manner prescrihcd by app irablc lit". trusts,.'Ith,ru! lorn3nd ..it li „ti ,,.-,:.'twit "Al !hr <br />