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,.W vvvs.j-_a <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 be joint and several. Any Borrower who co -signs this Secunty <br />Instrument but does not execute the Note: (a) is co- signing this Secur -ty instrument only to mortgage, grant and convey <br />that Borrowers interest in the Property under the terms of this Secunty Instrument: (b) is not personally obligated to pay <br />the sums secured by this Security Instrument: and (c) aerees that Lender and an. ?thee Borrower may agree to extend. <br />modify, forbear or make any accommodations with regard to the terms of "fi _ ts Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges., Ifthe loan secured by this Secunty Instrument is subject Iii a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan :harizes collected or to he collected in <br />connection with the loan exceed the permitted limits, then: (a) any such !can 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 exceedea <br />permitted limits will be refunded to Borrower. Lender mav choose to make this refund by reducing the principal owed <br />under the Mote or by making a direct payment to Borrower. If a refund reduces pnnc:pai. he 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 Secunty Instrument unenforceable according to its terms. Lender. at its ornon. <br />may require immediate payment in full of all sums secured by this Securitv 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 It <br />14. Notices. Any notice to Borrower provided for in this Secunty Instrument shall he given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice ,hall 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 any other address Lender designates ray notice to Borrower anti nonce <br />provided for in this Security Instrument shall be deemed to have been given io Boras%err o- i ender w hen e N en as provided <br />to this paragraph <br />15. Governing Law; Severability. This Security instrument ,hail be ZO%erned t`% federal law and the law of the <br />rurisdiction to which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of ?his Security Instrument or the Note <br />which can be given effect without the conflicting provision l.. Ibis end the provisions of this Security Listrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy f the Note and of this Security Instr umrni. <br />17. Transfer of the Property or a Beneficial Interest in Borrower, if all ar any part of tiir Proper": ,ir an% <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 />persons without Lender's prior written consent. Lender may, at its )ption. require immediare payment in full oiail sums <br />secured by ?his Security Instrument. However, this option ,hail :tot he exercised ray Lender ;f exercise is pmmilired i, <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall gr. e Borrower notice of accrirsauun The riouce ,hall rri,ti ice a per od <br />If not less than 30 days from the date the notice is delivered or mailed w ithin w fuch borrower must pay ali sums secured by <br />this Secunty Instrument. If Borrower fails to pay ihrte sums prior to the expiranon cIf this period. Lender may nnoke an% <br />remedies permitted by this Secunty Instrument without further notice or demand c,n B(,rrowrr <br />18. Borrower's Right to Reinstate. If Borrower meets certain ::radii ;,,n,. Borrower shail hate ihr nn<ht to hale <br />enforcement of this Security Instrument discontinucd at ant, time pnOr to the carlirr =>f ial ` days for such oihrr period a, <br />apphcabie law may specify for reinstatement) hfore saie of the Pmperty pursuant ro any pcixrr of sate cot.? tied in :hi, <br />Security Instrument, _)r ibi entry .if a ;udement enforcing 'his Securit. In,trurrenr Those conditions are that Borrower - <br />(aT pays Lender all burns which then would be due under this SCLUT-11% lnstrumrnt and the Note had . ^.0 acceicrsrn n <br />occurred. ib) cures any default if any other - o%cnanis or agreerents. ice pays all expenses incurred rn rnforc -:nv ti <br />Sec'urty Instrument, including, but not limited to, reasonable attorneys fees, and (d) takes ,uch arson as 1_cnder ;rill <br />reasonably require to assure that the lien of this Security Instrument. Lrnder, rights in the Pro rep%_ and Biirnnecr <br />obligation to pay the sums secured by this Security lnstrument hall ._ontinue unchanged l port rr:n,tate:nrnt <br />Borrower. this Security In,ir'umenr and the rfihgatic,m ,routed fie, chs ,hail remain: linty eftectrne a, it n a�crlrr in: n ':u <br />,,ccurred Howe> cr. thus riitht io reinstate shall not apply ;r, the .asr.,i ac.r!e:au, n "rider ^oral rapii, <br />Nr ,%,-UNIF0XM. 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 1' <br />uafess applicable law provides otherwise). The notice shall specify: fa) the default; (b) 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 />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 />secured by this Security instrument and salt of the Property. The notice shall further inform Borrower of the right to s <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 specified in the notice. bender <br />at its <br />option may require immediate payment in full of all sums secured by this Sreurtty Instrument without further qD <br />demand and may invoke the power of sale and any other remedies permitted by applicable law, lender shall her entitled :ii <br />collect all expenses Incurred in pursuing the remedies provided in this paragraph 19, including, but nett limited ir <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, 'Trustee shall record a notice -f default in each count's in %hick an% part M rite <br />Property is located and shall mail copies of ouch notice in the manner prescribed he applicable law t„ llttrr „ %er and i , ill. <br />+ether persona pretieribed by applicable law. After the time required he aprelirrahle Ise %, l ruster shall girt. Imit6i +,,,ixi •i <br />%Alt it) flit ptreun+ and in the manner preurihrd i» opplicat Ir law i rie, arthi,of <frmanet ,ai 1c +,rt ,u, i ,h;ill „ h i' e <br />