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<br />~ <br />84 v...... i <br /> <br />r <br />004731 <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 nol then due, <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monlhly payments referred to in paragraphs I and 2 or change Ihe amount of such payments, <br />10, Borrower :'I1ot Released; Forbearance 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 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 right or 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 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 te"rms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees Ihat Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodalions 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 maximum loan <br />charges. and that law is finaily interpreted 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 limil; 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 r~duces principal, the reduction will be: treated as a <br />partial prepayment without any prepayment charge under the Note, <br />13. Legislation Affecting Lender's Rights, If enacl,t " expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <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 />mailing it by first class mail unless applicable law requires use of another method, The nOlice shall be directed to the <br />Property Address or any other 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 designales by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15, Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the <br />jurisdicllon In which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note contlicts with applicable law, such contlict shall not affect other provisions of this Security Instrument or the NOle <br />which can be given effect '.vithout 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 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 consent, Lender may, at its option, require immediate payment 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 Securitv Instrument. <br />If Lender exercIses this option, Lender shall give Borrower noUce of acceleration, The notice shall provide a period <br />of not less than 30 days from the date the noUce 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 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 to the earlier of: (a) 5 days (or such other penod as <br />applicable law may specify for reinstalement) before sale of the Property pursuant to any power of sale contained 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 this Secuntv Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this <br />Security Instrument. including, but not limIted to, reasonable attorneys' fees: and (d) takes such actIOn as lender may <br />reasonably requIre to assure that the lien of this Security Instrument, Lender's tights in the Property and Borrower's <br />obligation to pay the sums secured by th,s Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, thIS Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right 10 reinstate shall not apply In the case of acceleral100 under paragraphs 13 or 17 <br /> <br />NON. UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19, Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrowe.'s <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice sball specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less t03..."'1 30 days from the date the notice is given to Borrower, by which the default must be cured; <br />and (d) that fallure to cure the defanlt 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 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 the 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 this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law, Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in Ihis paragraph 19, including, but not limited to. <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a nolice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in tbe manner prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicahle law, After the time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law, Trustee, without demand on Borrower, shall sell the <br /> <br />L <br />