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,. 83- 1)05181 effect without the conflicting provision. and to this end Ihe provisions of this Security Instrument and the Note are declared 10 be severa"le, E. TRANSFER OF THE PROPERTY; ASSUMPTION. Uniform Covenant 17 of the Security Instrument is amended to read as follow" 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding fa) the crealion of a lien or encumbrance subordinate to this Security Instrument which does not relate to a transfer of rights of occupancy in the property. (b) the creation of a purchase money security interest for household appliances. fc) a transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may. at Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable, If Lender exercises such option to accelerate. Lender shall m~tiJ Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from Ihe date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such surns prior 10 the expiration of such period. Lender may. without furtber notice or demand on Borrower, invoke any remedies permitted by paragraph ] 8 hereof, Lender may consent to a sale or transfer if: (l) Borrower causes to be- submitted to Lender intormation required by Lender to evaluate Ihe transferee as if a new loan were being made to the transferee; (2) Lender reasonably determines that Lender's security will not be impaired and that the risk of a hreach of any covenant or agreement in this Security Instrument is acceptable; (3) interest will be payahle on the sums secured hy this Security Instrument at a rate acceptable to Lender; (4) changes in the terms of Ihe Note and this Security Instrument required by Lender are made. including. for example, periodic adjustment in the interest fate, it different final payment dalt! for the loan, and addition of unpaid interest to principal; and (5) the transferee signs an ass.umption agreement that is acccptahle to Lender and that obligates the transferee to keep all the promises and agreements made in the Nnte and in this Security Instrument. as modified if required by Lender. To the extent pennitted by applicable law. Lender also may cha..-ge a reasonable fee as a condition to Lender's consent to any sale or transfer. Borrower will continue to be obligated under [he !'\O(C and this Security Instrument unless Lender releases Borrower in writing, t: BORROWER'S RIGHT TO REINSTATE Non~Unifonn Covenant 19 i '"Borrower 's Right to Reinstate") i~ amended to read as follows: 19. Borrower's Right to Reinstatf'. NmwUhstanding Lender\. acceleration of the sums secured. by this Security Instrument. BGrrower :o,-haU have the nght to have any prot:ceding~ begun by Lender to enforce this Security Instrument discontinued only if applicable la\\" ...n provld.es. Any right to ft'lflstatc shall be exen:.'lscd in the manner required by such law, G. NO FUTIIRE ADV.4.NCES Non~Unifonn Covenant 21 of the S~~unf) jn~fmfllCn( j "Future Advances' I i:-. dekted. H. LOAN CHARGES If the loan sef.'ur~.d by the Sc(uriry in~trument J~ \ubJc(t to ;j law "",hjdl sdl> maximum loan charges, and Ihat law is finally interprctcO so rhal the intcre~t or (llher loan l..~hargcs ;.:ollCi..'lCO or hi he I.:otlcded in l:Onnc(llon wi[h the loan l"xceed permitted limits. then; i 1) any sUt.:h loan charge shaH he ft.-duel-'ll hy the amoUlli ne\:e~sary to reduce the (harge to the permiued limits: and (2) any sum~ already (oiieued fwm Borrower \\ hil:h t'\<.:eeuct! permitted limits- wiJl be refunded to Borrower, Lender may dlOose to make thh refund hy n...'tiul:ing the prin-.:ipal owed under the Note or by making a dircl:t payment to Borrower, If a refund rcd\K~t."'-S prini:ipa.l, ihc redudjnn will be lre<ttcd 35i ;j partial prepaymcnt under the Note, I. LEGISLATION If, afler the dale here-of. enactment Of eXpirarh)J1 ~)I applicable la\lis ha\-e the cflt:ct either of rendering the provisions of the Note, the Security inSlmmcnt Pf thIS AdJustahle Rate' Rldcr.(uther than thiS paugraph Ii unenfon.:eabJe according to their lemHi. or aU vr any part ~)f the .:.um.s ~et:ured hereby uu\':oilcctabll', as othcrv..-'isc provided in the Security Instrument and this Adjustable Rate Rit.ler, ur of diminishing the \ aJuc of Lender ':-, ~ccurily. [hen Lender. at Lender's option. may cJe-ciarc all sums St.-.....:ured by the Security Insuument lO be irnmcJi.iHely due and payabh.~. IN WITNESS WHEREUF. BOffi)w.r ha> "x..""utCd th;~...A. dJ~stab/t) Paym'1l" ('tder \\ \ " 'i '(. l\ ~ LA~~~ .\::-.. l-*vf.-., """/.' ,< DaVid R. BergnoJzi,) ; 'jv,.",.}. t~C,3'i": ~. sh'irri'l ~ Berghol'~ ~:,.=--: . (Seal) ~80nowef (Seal) -Borrower I Seal) -Borrower I Sign Original Only)