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<br />84~- OO!; 1 ',H~ <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemn~r '6'ffers to <br />make an award or settle a claim for damages, &>rTower fails to respond to Lender within 30 days after the date .the notice is <br />given, Lender is authorized to collect and apply Ihe proceeds, at its option, either to restomtion or repair of the Property or <br />to the sums secured by this SecurilY Instrument, whether or not 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 th~ monthly pa.yiiii;nt; ::-~ferred to in paragriiphs 1 and 2 or change t}--u:; ~uouiit 'of 5ui:h pa1ru~ts. <br />1ft &.-rowcei Not ~e~~d; Forl:iEa.--ance By Lendei' -Not it Waiver. E;;;tenslOil of .the _time for-- pay went, -or <br />modification of amortization of the sums secured by this Security Instrument gmnted by Lender to any successodn <br />interest of Borrower shall not operale 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 exten41ime for <br />payment or otherwise modify amortization of Ihe sums secured by this Security Instrument by reason of any demlilld made <br />by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any rightorremedy <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-sillllers. The covenants and agreements of <br />this Security Inslrument shall bind and benefit Ihe successors and assigns of Lender and Borrower. subject to.tbeprovisions <br />of paragraph 17, Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs tbisSecurity <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 interesl in the Property under the tenns 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 Ihe tenns 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 finally mterpreted so that the inlerest or other loan charges collected or to be collected in <br />connection with the loan exceed the permilted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennitted 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 reduces 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 enactment or expiration of applicable laws has the effect of <br />,:,:n~ering,~~y~~v:si-,,-n of the Note or t,~isSec,urity Instrum~~t un,enforceabJe a,ccording to its ~enns, Len~er, at its op~~~n, <br />IllaV recn.......: .iiiiii~;.o.:;';::- ,Td,,;;;cr;< ;" .,~" nt ;;;:::: 'S.;jm-s;. ":F;n;:n~n i1'i,; ;-:p;. ""'-~:,;''''',;.. ;:n~~"!""'"",,,; ~n~ ~1.- In~::]KE a~~. ;;-r;m~,-,;es <br />pe~itt';d by paragraph i 9' if Lender mrci~ ~hi~~pt;~~: Lend< ,. sil,. ,; .ake ihe ;ter~' :~ifi~ i~' the second p;ragrapb of <br />paragraph Ii. <br />14. "otices. Any notice to Borrower provided for in thIS Security Instrument shall be given by delivering it or by <br />maJling It by tirst class maJl unless applicable law requires use of another method, The notice shall be dira.ted 10 the <br />Property Address or any other address Borrower desIgnates by nol1ce to Lender, Any notice to Lender shall be given by <br />fir.;( class mati to Lender's address staled herem or any olher address Lender designates by notice 10 Borrower, Any notice <br />prOVIded for m this Secumy Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />In this paragraph. <br />15. C'rOver!!ing Law; SevernbHit'f. Th:s S~a~:y !~s::ument !.h~!! c= gcve~ed by federal law and the law cftne <br />junsdict~on in wh~ch !h~ Property is located. In the c-veni thui an)" provision Or dai..ise of this Security In.sifUffiCfit Of the <br />~ote confhcts with applicable law, such conflicl shall not affect other provisions of this Security Instrument or Ihe Note <br />which can be given effect wllhout the conflicting proVIsion. To lhis end the prOViSions of this Security Instrumenl and the <br />Note are declared to be severable. <br />16~ ROM"OW~f"!~ C..fiv Rr;IT0wt::'t" ~h:1!! t.... ~i;,.-" . .-.i-_~ cO!1fa~ed C0pV 0fthe N0te 2:nd cfrhis Securirv Instr"..lm~nt. <br />17, Transfer of the .i~ropetly Or a Ben"fi~iai Interest in Borrowe;. If all or any part of the Pr~perty or any <br />Interestln illS sold or transferred (or If a t--enencial interest In Borrower is sold or transferred and Borrower is nOI a natural <br />person) withoUl Lender's pnor wrltlen consent. lender may, al ItS option, require immediate payment in full of all sums <br />secured by Ihls Secunty Instrument. However. thIS option shaH not be exerCISed by Lender if exercise is prohibited by <br />federal law as of the date of thiS Secunty Instrument. <br />If lender e,\erCISCS IhlS opllon, Lender shall gIve Borrower notice of acceleration, The notice shall provide a period <br />of not less than 30 days from the date the nOl1ce is delivered or maIled within which Borrower must pay all sUmS secured by <br />thIS Security instrument If BOffC'Wer falls to pay Ihese sums prior to the expiratton of this period, Lender may invoke any <br />remedIes pt"rmHted by t!1!~ -S~(unty fl1ljtrlJm~!1t withou! further notice or cerni.1nd on Borrower. <br />18, Borro"er's Rilrht to Reinstate, If Borrower meets certain conditions, Borrower shall have the righl to have <br />enforcement c'T IhlS Se-.:unty Instrument discontinued at :my time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may SpeClt'y for remslatemenr) before ",Ie of the Property pursuant to any power of sale contained In this <br />Secunty In~lrum<nt: or ~b) enir'.. (If J. judgment enforcm~ {hlS Se"unt.... Instrument. Those conditions are that Borrower' <br />(al pays lender all sums which then' would be due under thIS Se.:u;:'tv Instrument and the Note had no acceleI1mon <br />occurred: Ib) cures 3ny default 0f any other CO\enanls or :tgreemenlS:'\c) pays all expenses mcurred ill enforcing thIS <br />Se.:unty Instrument, mcluding, but not limited to, re:tsonable attorneys fees: and (d) lakes sllch action as Lender may <br />te-asonably reqUIre tf) aSSure that the lien of IhlS Secunty Instrument. Lender'; nghts HI the Property and Borrower's <br />clhhgauon ft) p--.-.:!y !h:: su.r!:~~ se~~red ~y '(his Se;;;:.::n~y !ns.~r:.:m~~t i~h~:,H :.:cnt:ra:e t::1d~an~;:d. Cr-on ic.nS::.:ir.:mcnt b~ <br />Borro\\-er. dll~ S~cunt" lnstrum~nt and the I.fbhgatlon~ ....eL'ured hereby ,hall remaIn full\' etfect1\'e ;IS. if no aL'cdCr~HI{m had <br />{"'CUffed. However, thO,s nght [0 n:H1S[;1[e shall n:'t applY!Tl rhe i..::.lse ()tOaccelt'ratwn undC'~ paragraphs l3 (1r 17 <br /> <br />~ON.UNIFOR~ COVENANTS Borrower and Lender further covenant and agree as follows: <br />19, Acceleration; Remedies. Lender shall give notice to Borrower prior 10 acceleration following Borrower's <br />breach of allY e(}venant or agreement in this Security Instrument (but not prior 10 llccelNlltion under pUl1lgraphs 13 and 17 <br />unless applicable law provides othenrisel. The notice shall specify: (al the default; Ib) the action reqoired to cure the <br />delalllt; {cia date, not less than 30 days from the date the notice is given to Borrower. by which the default must be cured; <br />aM (d) that failure to cur.. thll Mfaylt on or before the datI!' specified in the "otic" mllY result in acce!en!lion of the ~ums <br />:e;:u."Cd by tills SEcurity hi5trument llnd s.ale of the Property. The notice shaU further inform Borrower of the rig!!t to <br />Aluane alter acceleratil)ll aM the right to bring a court action to assert the non-existence of a default or any other <br />def_ of Dorrow9l' to a<<eleratloo IUld saie.If the def.lIlt is Dot cured on or before the date specified in the notice, Lender <br />at its option may requiA immediate payment in full of all sums secured by this Security' InSlrument without furth.'r <br />~ an4 may invoke lbe power of salt' and any otber remed1\'ll permined by applicable law, Lender shall be entitled to <br />wll<<t an Upe8HS iftCurn4 in pursuinll the remeWO:S pro.lde<! in Illis parlIlVllph 19, including, but not limited to, <br />_ble anome)',' fees and costs of title evidolnce, <br />If tlM power of sale is invoked. Trustee ,ball re<:o,d a notice of default in each ('ounty in which any' pari flf the <br />Pr..,rty 1ll1<>(aU'd alld s,",1I mall eo~ of such n"!i",, in tit<! /IllIDRe, pre$Cribed by applicable la.. to Borrower and to the <br />odlu lIC- \IRiC.ibed by applicable bJ.., After tbe tim<< required by llpplic>lble law, Trust"., shall give public oOl,ce o( <br />sale to 1M pe_ lIDtI in tlle _lWr p.tlSCribt-d I;v "lIpllcable la.., Trustee. without denulnd un Bon..""r, ,hail ,,,lithe <br />