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r ~.:...~ 83--005802 effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Note are declared to be severable. r- E. TRANSFER OF THE PROPERTY; ASSUMPTION. Unifonn Covenant 17 of the Security Instrument is amended to read as follows: 17. 1hmsfer of the Properly.; 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 (a) the creation 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, (c) 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 purcbase, Lender may, at Lender's option. declare all the sums secured by this Securily Instrument to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph .14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Lender may consent to a sale or transfer if: (1) Borrower causes to be submitted to Lender information required by Lender to evaluate the 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 breach of any covenant or agreement in lhis Security Instrument is acceptable; (3) inlerest will be payable on the sums secured by this Security Instrument al a rate acceptable to Lender; (4) changes in the terms of the Note and this Security Instrument required by Lender are made. including, for example, periodic adjustment in the interest rale. a different tinal payment date for the loan. and addition of unpaid inteIest to principal; and (5) the transferee signs an assumption agreement that is acceptable to Lender and that obligates Ihe transferee to keep all the promises and agreements made in the Note and in this Security Instrument. as modified if required by Lender. To the exlent permined by applicable law. Lender also may charge a reasonable fee as a condition 10 Lender's consent 10 any sale or transfer. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in ",Tiring. E BORROWER'S RIGHT TO REINSTATE Non-Unifonn Covenant 19 ("Borrower's Right to Reinstate") is amended IO read as follows: 19. Borrower's RIght to Reinstate. Notwithstanding Lenders acceleration of the sums secured by this Security Instrument, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued only if applicable law so provides. Any right to reinstate shall be exercised in the manner required by such law. G. NO FUTURE ADVANCES Non-Unifonn Covenant 21 of the Security Instrument ("Future Advances") is deleted. H. LOAN CHARGES If the loan secured by the 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 collc-ctcd or to be collected in connection with the loan exceed pemlitted limits, then: (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limits; and (2) any sums already colle"ted from Borrower which exceeded pem.itted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payulCnt to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment under the Note. I. LF.GISLATION If, after the date hereof. enactment or expiration of applicable laws have the effect either of rendering the provisions of the Note, the Security Instrument or this Adjustable Rate Rider. (other than this paragraph I) unenforceable according to their terms, or all or any pan of the sums secured hereby uncollectable, as otherwise provided in the Security Instrument and this Adjustable Rate Rider. or of diminishing the value of Lender's security. then Lender, at Lender's option. may declare all sums secured by the Security Instrument to be immediately due and payable. IN WITNESS WHEREOf; Borrower has executed this Adjustable ,Payment Rider. . ,~--~) JL{Z<"t:J2~ ..::;J;....7.-... ".. "Ce',;.;r,,' 'C,iarrfi61a'; .Jr........ /, "'--ft./ :'? , ' ,., {~~;:. ._( C:.?-.. ,~::.,{c:;.~~...~{~ . '-'~11ny'd";Jr!l1a1a':c. '- j v (Seal) -Borrower (Seal) -Borrower (Seal) .Bonower (Sign Original Only)