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<br />I <br />84,- <br /> <br />004473 <br /> <br />r <br /> <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 10 principal shall nOI extend or <br />postpone the due date of the monlhly 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. EXlension 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 liabilily of the original Borrower or Borrower's successors ininteresr. <br />Lender shall not be required to commence proceedings againsl 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 rightor-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 benefitlhe successors and assigns of Lender and Borrower, subject to Iheprovisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not 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 Security Instrumenl; (b) is not personally obligatedlo.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 Ihis Security Inslrument is subject to a law which sets maximum loan <br />charges, and that law is finally inlerpreted so that the interest or other loan charges collected or to be collected.in <br />connection with the 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 red .'es pnncipal, the reduction will be treated as a <br />partial prepayment without any prepayment charge und,:r the Nore <br />13, Legislation Affecting Lender's R;ghts, If enactm or expiration of applicable laws has the effect of <br />rendering any provision of ihe NOIe or [his Security instrument unenforceable accordhlg iO its terms._ Lc:ndet. at ii$ uption. <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 be given by delivering it or by <br />matling 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 or her 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 design ales by nolice to Borrower. Any notice <br />provided for in this Secumy Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />IS, 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 Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumenl or the NOle <br />which can be given effect without the conflicting provision. To [his end the provisions of this Security instrument and the <br />Note are declared to be severable, <br />16, Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Securiry 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 prior written consem, Lender may, at its option, require immediate paymenl in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender e,erclses this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18, Borrower's Right 10 Reinstate, If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of thiS Security Instrument disconllnued at any time prior to the earlier of: (a) 5 days (or such other period as <br />apphcable law may specify for reInstatement) before sale of the Property pursuant to any power of sale l'ontained in this <br />Security Instrument; or (b) entry of a judgment enforCIng this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under thts Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements: (c) pays all e'penses incurred in enforcing this <br />Security Instrument, Including, but not limned to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably reqUire to assure that the !ten of thIS Security Instrument, Lender's nghts in the Property and Borrower's <br />obligation to pay the s.ums secured by [hiS Secunty Instrument shall continue unchanged. Upon reinstatement bj <br />Borrower, this Secunt\ Instrument and the l)bliguuons secured hereby s.hall remam fullv effective as if no acceleration had <br />occurred. Howe\er. this right to reim.tale shall n~t apply In the case i.iaccckra[ion ulldc.r paragraphs!.3 or 17 <br /> <br />r <br />I <br /> <br />L <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <br />19, Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breacit of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otberwise). Tbe notice shall specify: (a) 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 sale of tbe Property, The notice shall further inform Borrower of the right to <br />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 tbe 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 tbis 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 />coiled all expenses incurred in pursuing the remedies provided in tbis paragraph 19, including, hut not limited to, <br />reasonable attorne)'s' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in whieh any part ur the <br />PToperty is located and shall mail copies of such notice in the manner prescribed hy applicahle law to norrower and to the <br />other persons prescribed by applicable law, After the time required by applicable law, Trustee shall give public n(ltke "r <br />sale to tbe persons and in tbe manner prescribed by applicable law. Trustce, without demllnd "n Borrower, ,tutll ,ell the <br />