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OJ""OUVOOVO <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 onginal 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 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 Securitv 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. If 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 he 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 Security 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 he given by delivenng 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 any 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 anv other address Lender designates by notice to Borrower Any notice <br />provided for in this Secunty instrument shall be 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 governed by 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 Secunty instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Secunty Instrument or the Note <br />which can he given effect without the conflicting provision. To this end the provisions of this Security instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower sha11 be given one conformed cope of the 'dote and of this Security Instrument <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's pnor written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument However, this option shall not he exercised by Lender if exercise 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 acceleration The n,,tice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which HorTower must pay Al bums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke anv <br />remedies permitted by this Security instrument without further notice or demand on Borrower <br />18. Borrower's Right to Reinstate, If Borrower meets certain condmon.,. Borrower shill have the right to have <br />enforcement of this Security Instrument discontinued at any note prior to the earlier of tat t days for such ether period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument: or (b) entry of a judgment enforc: ­g thts Security instrument Those condnions are that Borrower <br />(a) pays Lender all sums which then would be due under this Secunty instrument and the Note had no acceleration <br />occurred. thl cures any default of any other covenants or agreements, Ic) pays all e.vpenses nicurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees, and (dl takes such action as Lender rnav <br />reasonably require to assure that the lien of this Security Instrument. Lenders rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security instrument shall continue unchanged Cpon reinstatement by <br />Borrower, this Security Instrument and the obligations secured herehv shall rern:un rul!y rrlecnve .as it no .acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of accelefarjon untie, paragraphs l3 or !' <br />NON - UNIFORM COVENANTS 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 or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable lair 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 />!nail (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />tai <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 />Mean 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 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 to <br />collect all expens" incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />rearonabte attorneys' fees and costs of title evidence. <br />If the power of ale Is invoked, 'Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applieshle, law to Borrower trod to the <br />other persons prescribed by applicable law. ,After the time required by ;applicable law, '1'rustec .hall gave public notice nr' <br />ale to the perstans and in the manner prex•rihed by applicable law, frintee, withour 1emand nn flmi'oAvr. shall sell the <br />