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<br />I <br /> <br />84 ..... <br /> <br />004616 <br /> <br />r <br /> <br />If the Property is abandoned by Borrower, or if, afler 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 nol eXlend or <br />postpone the due date oflhe monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10, Borrower Not Released; Forbearanee 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 Inslrument 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 orremedy <br />shall not be a waiver afar preclude the exercise of any right or remedy, <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and,agreementsof <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 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 Instrument; (b) is not personally obligated to 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 this Security Instrument is subject to a law which sets maximull1,!oan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to- be collect_ed.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 prillcipal'owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated asa <br />partial prepayment without any prepayment charge under the Note, <br />13, Legislation Affecting Lender's R;ghts. If enactmen;' .'f ex\-, ~,ion of r.pplicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument uncnJ:.,;:eable according to its terms.. Lender, al its option, <br />may require immediate payment in fuii of an 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 />mailing it by first class mall unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any nOlice 10 Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice 10 Borrower, Any notice <br />provided for In thIS Secunty Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph_ <br />15, Governing Law; Severahility, 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 Note <br />which can be given effect without the conflicting provision, To this 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 Security Instrument, <br />17, Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Properly or any <br />inlere:st in it is soid or tran:.':lft:rred. (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior wriuen consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Secunty Instrument. However, this option shall not be exercised by Lender if e,\ercise is prohibited by <br />federal law as of the date oflhis Secunty Instrument. <br />If Lender exercIses 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 no lice is delivered or mailed within which Borrower must pay all sums secured by <br />thiS Secunty Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Seeunty Instrument without further notice or demand on Borrower. <br />18, Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of thIS Security Instrument discontinued at any time prior [0 the earlier of: (a) 5 days (or such other period as <br />appiicable la\\ may specify t'or remstatemenl) before sale of the Property pursuant [0 any power of sale contained in this <br />Security Ins.trumenc ,)f (b) entry ,)f a judgment enfor;:mg this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums whIch then would be due under thIS Seeunty Instrument and the Note had no acceleration <br />occurred: {b) cures any default of JOY other co.....enants or agreements: {c) pays all expenses incurred in enforcing this <br />Secunty Instrument. mcludmg, but not limited to, reasonable attorneys' fees: and (d) takes such action as Lender may <br />reasonably reqUlre to assure that the lien of thiS Security Instrument, Lender's nghts in the Property and Borrower's <br />obligation 10 paJ' the sums secured b~ this Seeunty Instrument shall .:untinue unchanged. Upon reinstatement by <br />Borrow~r, tnlS Securu\" Instrument and the \,)blig~lthJnS st:cured hereby shall remam full\' dfecti\'e as if no aecch~faoon had <br />occurred. Hov..e\'er. !h"is nght :0 remstate shall n~{ apply 111 the cuse- of"-<!(.x:elera[itHl unde~ paragraphs 13 or 17 <br /> <br /> <br />L <br /> <br />"JON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows: <br /> <br />19. Acceleration; Remedie3. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agJ'eement in this Security Instrument (but nol prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: ta) the deiauit; (0) the action r~quiteJ to cure the <br />default; (c) a date, nolless than 30 days from the date the notice is given to Borrower, by whicb the derault 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 the Property, The notice shail furtber inform Borrower or Ihe rigbt to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence or a default or any other <br />defense of Borrower to acceleration and sale, If the default is not. eured on or hefore the date specified in the notice. Lender <br />at Its option may require immediate payment in full of all sums secured by this Security Instrumellt without further <br />demand and may invoke the power of sale and any other remedies permitied by' applicable 13"', Lender shall be entitled to <br />coll~t aU expenses incurred in punuing the remedies provided in this paragraph 19, including:, but not limited (0, <br />reasonable attorneys' fees and costs of title evidence, <br />If the power of sale is invoked. Trustee shall record a notice of default in each COUllt). .11 whieh anj" part of Ihe <br />Property i$ loated and .hall mail copies of such notice in lb. manne' pres<:rib<d by :Ipplicable law to Ilorrower and to the <br />OIMi' pcnUM prescribed hl ap.piicabie law. Aiter the rime required by ..pphcabit~ j~n1-. TrUSl{:C shaH litive puhlic- nuticc uf <br />..1. to lh. pet>ons and In tbe manner prescribed hy applicahle law. TnlS!"'" withuut demand on !lom,".r. ,hall ,dl the <br />