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µ 85- C 064 E 7 If the propwy si by Borrower. or if, after notice by lender to Borrower that the condemnor offers to make an sward °or settle a ciamn fordamages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is;a othocized to collect and apply the proceeds. at.as option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unl as Leader nerd Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dateof the monthly pa3ments referred w in paragraphs I and 2 or change the amount <of such paytents. IL Hot vow Net tamed; Forbew"m By Leader N� a waiver.. Extension of the time for payment or motiwt of atswruution of the sums secured, by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in :interest. Leader shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise.modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in:interest. Any forbearance by Lender in exercising any right or remedy shall not he waiverof or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrowers covenants and agreements shall be joim and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing :this Security Instrument only to mortgage, grant And convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges.- If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the .loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal o, �:d under the Note or making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legisiatiat Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph l7. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be riven by delivering it or by marling it by first class matt unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shall he given by first class mail to Lender's address stated herein or anv other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Secunty Instrument or the Note conflicts with applicable law, such conflict shall not afreci other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Security Instrument_ 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest to Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent. Lender may, at its option. require immediate payment to full of" sums secured by this Security Instrument. However, this option shall not he exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration The notice shall provide a period ofriot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fatis to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate. if Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lander all sums which then would be due under this Security Instrument and the Note had no acceleration occurred. (b) cures any default of any other covenants or agreements (c) pays all expenses incurred in enforcing this Secuntv Instrument. including, but not limited to, reasonable attorneys' fees: and (d) takes such action as Lender may reasonably require to assure that the hen of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue urichanged. Upon reinstatement hs Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleratitinunder paragraphs I ? or 17 NON - UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows: 19. Acceleraties; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's irMeit of my covenant or agreemeat in this Security lastrastent (but not prior to acceleration under paragraphs 13 and 17 asleas tapplic&k law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the dialanter (e) a dale, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; std 4d) fiat hours to cure the default on or before the date specified in the notice may result in acceleration of the sums MHUed by this Soosrity instrament and ask of the Property. The notice shall further inform Borrower of the right to ] reimwe alter acceleration and the right to bring a court action to assert the non- existence of a default or any other ddasae of Borrower to acceleration and auk. If the default is not cured on or before the date specified in the notice, Lender tat its eptios may require imasediate Wittiest is full of all sums secured by this Security Instrument without further ♦amend and may itivolm the power of tale and any other remdies permitted by applicable law. Lender shall be entitled to eal{ect an expossts incurred is pursuing the remedies provided in this paragraph 19, including, but not limited to, roaaondlk mlarseys' fees and costs of title tvidence. if tit power of sale is invoked,. Trustee shall retard a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed h applicable law to Rorroarr and to the other persons prescribed by applicable law. After the time required by applicable law. Trustee %hall Give public notit'e of sale to the persons said to the manner prescribed by applicabie law i'ruzirr. —Th,wv ttemand - n Bowro-ct shall sell the W