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<br />84 ..... <br /> <br />005415 <br /> <br />r <br /> <br />If the Property is abandonee 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 Ihe proceeds. at its option. either to restoration 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 principai shall not extend or <br />postpone Ihe due dale of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not 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 />inlerest of Borrower shall not operate 10 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 SecurilY Instrumenl shall bind and benefit Ihe successors and assigns of Lender and Borrower, subjecttotheprovisions' <br />of paragraph 17, Borrower's covenants and agreements shall be joint and severaL Any Borrower who co-signs thiS: Sec:unty <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only tomol'tgage;grantand~con.vey <br />that Borrower's interest m Ihe Property under the terms of this Security Instrument; (b) is not personally obligated'lo'pay <br />the sums secured by this Security Instrumen\: and (c) agrees that Lender and any other Borrower mayagr.ee'toext~~., <br />modify. forbear or make any accommodations with regard to the lerms 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 maxilIlum~loan' <br />charges, and that law is finally interpreted so that Ihe interest or other loan charges collectedortobecoUectectin <br />connection wilh the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by theamoUllt' <br />necessary to reduce the charge to the permitted limil: and (b) any sums already collected from Borrowerwhichexceededc <br />permitted Iimils will be refunded to Borrower, Lender may choc ~ to make this refund by reducing thepnncipalowed: <br />under the Note or by making a direct payment to Borrower, !f' r~:_..d reduces pri-,cipal, the reduction will be treated as a' <br />partial prepayment without any prepaymenl charge under tn" )Ie. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has . theelfect'of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lende:', at. itsoption,. <br />may reqUire ImmedIate payment 10 fuil of aii sums secured by this Security Instrument and may invoke any remedies <br />permitted by par:!graph 19, !fLender 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 Ihis Security Instrument shall be given by delivering it or by <br />mailing II by first class mall unless applicable law requires use of another method. The notice shall be directed to the <br />ProperlY Address or any other addrcss Borrower designates by notice to Lender, Any notice to Lender shall be giv.enby <br />firsl class mail to lender's address stated herem or any other address Lender designates by notiee to Borrower, Any nOliee <br />provided for in thiS Securily Inslrument 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 Inslrument shall be governed by federal law and the law of the <br />junsdictlon in which the Property is IOC:lled, In the event Ihat any provision or clause of this Security Instrumenl or the <br />Note conflicts wilh applicable law, such conflict shall not affect other provisions of this Security Instrument or Ihe 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 10 be severable, <br />16. Borrower's Copy. Borrower shail be given one conformed copy oflhe 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 th,s Security Instrument. However, thiS option shall not be exercised by Lender if ex.ercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If L.:nder exerCISes this opuon. Lender shall gi ve Borrower nol1ce 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. Se-..:urity Instrument. [1" Borrower tails to pay the<'~ sums prier to the expiration of this period. Lender may invoke any <br />remedies permitted by thlS Sel.:unty 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 Oflhls Security Instrument discontinued at ~ny time prior to the earlier of: (a) 5 days (or such other penod as <br />applicable law may specify for remstatement) before sale of the Property pursuant to any power of sale contained in this <br />Secunty Instrument; ar (bi entry af a Judgment enforcmg rhis Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under thIS Secunty Instrument and Ihe NOle had no acceieration <br />occurred; (bi curtS any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this <br />SecUrHV Instrument, I!lcludIn~, but not limited to, reasonable attorneys' fees; and (d) takes such acl10n as lender mav <br />reason~bly requtre 10 ~ssure that the lien of this Secunty Instrumen(, lender's rIghts in the Property and Borrowe/s <br />vOlig;4:ivii tv pu;: \hc ;i.iffiS SCC<.4i';:;:d b.,o thiS Sccu.i:"y' ~i'i:;:ri.im;;i'i~ shaH CG~::ii:":;;: ~:~;;:h~~ot:d. UpG~ !'e~~s.!2.!e~e!1! bv <br />Borrower. thIS S';;ur1l\ Instrument and 'the obli~allon~ secured herebv shall remain fullv effective as if no acceleration had <br />occurred. However, th'ls rIght to reinstate shalln'Ot apply In rhe case o{ acceleratIOn unde~ paragraphs 13 or 17, <br /> <br />NON-UNiFORM COVENANTS. Borrower and Lender further covenant and agree as foJlows~ <br />19, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breacb of &Dy covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />wUes.s applicable law provides otherwise), The notice shall specify; tal the default; (h) 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 tbe notice may result in acceleration of the sums <br />secured by this Securit)' Instrument and sale of tbe Property. The notice shill! further inform Borro...er of the right 10 <br />reinstate aiier acceleration and the right to bring a court action [0 assert the non-existeru:e of i default Of er.y lither <br />derense of Borrower to acceleration and sale. If the default is not cured on or before tbe date specified in the notice, Lender <br />at lu option ma)' require immediate payment in full of all sums secured by this Security Instrumcnl without further <br />demand and may invoke the power of sale and any otber remedies permitted by applicable law. Lender shall be entitled to <br />COliecl ail expenses incurred in pursuing the remedies provided in titis parailI'apn 19, induding, oui nut limited ,;;, <br />reasonable attorneys' fees and costs of title evidence. <br />If tbe power of sale is invoked, Trustee sball [l'Cord a notice of default in each counf) in which "11) plitt or thc' <br />Property is located and sball mail copies of such notice in tbe manner prescribed by appiicabie law to B...rr,"Hr and to the <br />otber persons prescrlbl;d by applicable law. After tit" time required by applicable law, Tru~lec ,hall lo:tve public nolice HI <br />sale to tb" persons and in tbe manner prescribed by applicable la.... Trustee, "ilh,)ul demand 'HI lhH,,"'er, ,hall ,"'llhe <br /> <br />I <br />L- <br />