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r , -�( :i, t6---W 00588 <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 aclaim 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 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 3 or change the amount of such payments. <br />I& Borrower Not Released; Forbearance By Lander 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 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 hen 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 be joint and several. Any Borrower who co -signs this Secunty <br />Instrument but does nut 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 'bv 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 Secunty Instrament or the dote without <br />that Borrower's consent. <br />12. Loaa Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum ]Dart <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 choo-c !o make this refund by reducing the prmcipzl 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 Lendees 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 Secunr% 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 1' <br />14. %otiees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or anv other address Borrower designates by notice to Lender Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower Any nonce <br />provided for in this Security Instrument shall he deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. governing Law: Severability. This Security Instrument shall be govrrned by federal law and the law of the <br />Jurisdiction in which the Property is located. In the event that any pro% »ion or clause of this Secunty instrument or, <br />Note contlic!s with applicable law, such conflict shall not affect other provisions of this Secunty Instrument or the Note <br />which can be given effect without the conflicting rroviswri T o !his cnd the nrorisions of this Securnv instrument and the <br />Note are declared to be severable <br />16. Borrower's Copy. Borrower shall be given one cont 7rmed copy of the 'vote and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. if ail or anv part of thr Property or anv <br />interest in it is sold or transferred i or if a bencficial interest in Borrower is sold ,r transferred and Borrower n net a natural <br />person) without Lender's poor written consent, Lender may. at its option, require immediate payment in full of all sums <br />secured by this Security instrument. However, this option shail not he exer _ ised by Lender if ecerasc is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of accrleranon The nnncr shall provide a period <br />of not less than 30 days from the date the notice is delivered at mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums pnor to the cvptranrn of this period. Lcndcr niav invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower <br />1$. Borrower's Right to Reinstate. if Borrower meets certain condiiums. Borrower shall hare the rich! io ? avr <br />enforcement of :his Secunty instrument discontinued at any time pnor to thr earner of tai i days for such +?t her period as <br />apphcabie law may specify for reinstatement) before sale of the Property pursuant to anv power of ,,alc contained in this <br />Security Instrument. cir obi entry of a judgment enforang this Security instrument Those conditions air that Borrower <br />fa) pays Lender all sums which ihen would be due under this Security Instrument and the Note had no acceleration <br />occurred. ebi cures any default of any other covenants or agreements, ici pays all expenses incurred in enforcing this <br />Secunty Instrument, including, but not limited in, reasonable attorneys fees, and id) takes such action as Lender may <br />reasonably require to assure :hat the lien of this Security Instrument, Lcndrr', rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon - cinsta!rmcnt •v <br />Borrower. this Security Insrnumerit and the oiriiganons secured hv!eby shail -imam Tully effective as if no ii cclrratoon n! id <br />occurred However. thus right to reiinstatc shall not apply m the case ,f aeceic raison under paragraphs 1 ? .or I- <br />ti+trn -t NIFriRM COVENA!iTti 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 />btereb of any eovessat or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and I' <br />soiess applieahle law provides otherwise). The notice shall specify: (a) the default: fbe the action required to cure the <br />derasit (U a data not kp than 30 days from the date the notice is given to Borrower, by which the default must be cured: <br />anal id) that faihare to cure the default on or before the date specified is the notice may result in acceleration of the sums <br />sssead by *4 Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />L reintl/t after aceeleradoa and the right to bring a court action to assert the non - existence of a default or any other <br />A I - -e of Borrower to acceleration and ark. If the default is not cured on or before the date specified in the notice, Lender <br />of its uption may require inatmedllate Payment in full of all sums secured by this 'Security Instrument without further <br />ienwuhiA Tad may issobe the power of sale and any other remedies permitted by applicable law, Lender shall be entitled to <br />co"M all expeasee inew. in paraaing the rem its provided in this paragraph 19, including, but not limited to, <br />reasonable worrneys" tees sod coals of tide evidence. <br />If the power of Hale is invoked. Trustee shall record a notice !rf default in each cnunty in which anv part of the <br />Property is located and shall moil copies of such noriee in the manner prescribed hs apphcabie law ti, Bo,rrowrr and to the <br />(Aber persons prruribed by sppiicsble low. After the time required hr applirabi,r law. Irilstee shalt s;iar pubirc !mfict, +,l <br />writ to the prrvom and +n the inaesrwt prr%cribtd liy applicable taw i iuterr. —thmil durnaand ,n fi+,rr—vr..hill 01 !ha <br />W <br />