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85. 005284 <br />If the Property is abandoned by Borrower. or 'f, after notice by Lender to Borrower that the condemnor otters ro <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the not is <br />given, Lender is authorized to collect and apply the proceeds. at its option, either to restoration or repair oft he 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 pnncipal 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 night or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy <br />1I. Successors and Assigns Bound; Joint and Several Liability; Co- signets. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the proy[s[ons <br />of paragraph 1 ?. Borrower's covenants and agreements shall be;omt and several. Any Borrower who casigris this Secunn <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 testis of this Secunty Instrument: ibi :s not personally obligated to pap <br />the sums secured by this Secunty Instrument: and (c) agrees that Lender and any other Borrower may agree to extend. <br />modiN, forbear or make any accommodations with regard to the terms of this Security Instrument or the `tote without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that [taw is finaliy interpreted so that the Interest or other loan of ^,arges collected or to be collected :n <br />connection with the loan exceed the permitted limits, then: (a) am 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 <br />which exceeded <br />permitted limits will be .refunded to Borrower. Lender may choose to make ;his refund by reducing the principal owed <br />under the Note or by :raking a direct payment to Borrower. If a refund reduces pnncipai, 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 appiicable taws : ^.as the effect of <br />rendenne any provision of the Note or this Secunty instrument unenforceabie a-cording Its terms. Lender. at Its option, <br />may require immediate payment it,. full of all sums secured by this 5ecur.ty Instrument and :nay ; nvoke any remedies <br />permitted by paragraph 14. If Lender exercises this option. Lender shall take the steps specified m the second paragraph of <br />paragraph 1 <br />13, Notices. An•. notice to Borrower provided for in this Security Instrument shall be liven by deityertng it or by <br />mailing it by first class mail unless appiicable law' requires use of another :nesho,i. T ^.e notice shat] be directed to the <br />Property Address or any either address Borrower designates by notice to Lender Any notice to Lender shall be given by <br />first class mail to Lenders address stated herein or any other address Lender designates by ricer_ [ Borrower Any notice <br />rrovided for in this Secunty Instrument shall he deemed :o have been given to Borrower or I trice- when _[vein as provided <br />In this paragraph. <br />15. Governing Law: Severability. This Secunty Instrument shall he _o,erneo 'ct ,edera; Iaw and :me taw of the <br />=urisdic *.ion in which the Property is located. In the event that an% p ro%ision or.iause cd [his Security Instrument or 'he <br />dote conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be oven effect without the conflicting provision. To this cud the pro,isions of this Secunty instrument and :' e <br />Note are declared to be sev erabie. <br />16. Borrower's Copy. Borrower ,hail be given one _, nformed :ory ry the Note and of this Secunty Instrumeni. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If ail nr any -art of the Propert% •.'r any <br />interest in it is sold or transferred f or ;,,a bcnenc:ai interest :r. Borrower is soid �-r transferred and Borrower is not a natural <br />person) without Lender's prior written consent. Lender may. at Its )prior., requite immediate pay merit !n foil :f ail sums <br />>ecured by this Secunty Insirurnenr Ho%xeVer. this option ;hail nc;t he rxrrcned by Lender If exercise is Prrh;bi[eq ^s <br />federal law as of the date of this Secur!ry Instrument. <br />if Lender exercises this option. Lender shall rite Borrowti. c- ,Ice i ..._._. atir n The .._.Ice .,alt nmv:de a reriod <br />>f net less than -0 days from [he date the notice is dehi ered ?r m oiec within w h :ch Borrower must pay ail ,um, ,ecurea ^v <br />this Secunty Instrument. if Borrower fails to pay these sums prior 10 the e�riraticn o; this period. Lender may :n. s,e any <br />remedies permuted by this Secunty Instrument wit ;out further not!cr or demand i,n Borrower <br />19. Borrower's Right to Reinstate. If Borrower meet. certal :ondiUOns. Borrower ,hail have the right to hate <br />:nforcemcnt of :his Seci my lrstru.rem discontinued tit a n% irate p r :'a to the r r er :;f a1 ` days 1 or sue ^.rr <br />spphcabie taw may specify for reinstatement) before saie of the Pr-pen, pursuant Trl a .v power of saie t.t ntaincd in rhi, <br />Secunty In,3f;7mCn.C: aOr bt entry :,f a '.udernent enfor.:n :hi, Sec:,nr, li,s:rurlen: Those :ondinons .ire :hat Borrower <br />tai pays Lender all Sums which then would be due unoer this Sccur.r% instrument aria :he Note hay no ac eiera::un <br />occurred. b) cures any default of am other eo%enants :u arreernents. , a s a.i e?.pen,es :ncurrrd in enforcing !1:., <br />Security Instrument. includinz, ?ut net limited !0,. •easonahic attorneys "no Id airs •.u.h :..non a, Lender <br />react+nably regr :re ht assure. :hat :h. lien yf this L Set my lnsi.amen i. Lt.. C', !Chi`. •. 'hr PtnperR _,nd BC`rti!w" <br />:_rbiigatum nay the sums se. red w his Secur Insir.: non al a sic 1. p:•n - n a._.... <br />Borrr,wer. InI, 1t a-!t I :iS(1" mC ": J11U i.,c ;hkiiit :net, .t U:..7 }.,. ^t .a„ I: .ai.i 7i, • . at :l,.0 a, <br />�ccu: red H,:,wevet.:hls right 10 reitistate,hall not :ipplt the case '•i a tier riot ^:de j ,ragtu <br />%ON.0 `[FOR?t COVENANTS Borrower and Lender fun her covenant and acree as ?fife", <br />19. Acetleration: Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security instrument ibut not prior to acceleration under paragraphs 13 and 1- <br />nalesa sWicable law provides otherwise). The notice shall specify: tai the default: tbl the action required to cure the <br />default; ici 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 sums <br />L Seethed by this Security Instrument and suit of the Property. The notice shall further inform Borrower of the right to t <br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any „then <br />define 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 ail sums secured by this Security instrument without further ^� <br />p <br />demand and may invoke the power of sale and any other remedies permitted by applicable Iaw. 1 ender shall ire entitled t <br />collect all expenses incurred in pursuing, the remedies provided in this paragraph 19, including, but not 'limited to• <br />reasonable attorneys' fees and costs of title evidence. <br />if the power of gale is invoked. Trustee shall record a notice of default in each count' in wfitch any part ,1l the <br />1'roptrty it Imated and shall mail copies of such notice in the manner presetthed h% law t•, liorroot,r and Ill th, <br />',ther petering grewritwd by applicable law. Aftrr the time requtrr°d by appiicably iitw. I roster ,hail rite vutriw node e •, <br />eaia ter tt,r persons And In the manner prrserilwd by applicaiple law i +aster. -oh'-or ,,it•mand ,n 11 „rp—rt. shall '. . Its, <br />