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<br />I" <br /> <br />B4~ 005643 <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 wilhin 30 days afler the date Ihe notice is <br />given, Lender IS authorized to collect and apply the proceeds, at its oplion, either to restoralion 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 shan not 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 :-<01 Released; Forbearance By Lender Not a Waiver. Extension of the lime for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interesl of Borrower shan not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shan nOI be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortizalion of the sums secured by this Security Instrumenl 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 shan bind and benefit the successors and assigns of Lender and Borrower, subject 10 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 />thai Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personany 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 10 the terms of Ihis 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 finaiJy interpreted so that the interest or other loan charges collected or to be collected in <br />conneclion with the loan exceed the permitted limits, then: (a) any such loan charge shan be reduced by Iheamount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits w1l1 be refunded to Borrower. Lender may choose to make Ihis 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 Ihe NO'e, <br />13, Legislation Affecting Lender's Rights. If eNI"!! . ~ t or expirati,;-! of applicable laws has the etfect of <br />rendering any proviSIOn of Ihe Note or this S<:cur;ty Instrum t _:.~nforceab:e acc,,;rding to its terms.. Lender, at its option, <br />may reqUIre immediate payment in full of a,; sums SecUlcU uy 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, :'IIotices, 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 nOlice shall be directed to the <br />Propeny Address or :my other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to L~nder's address stated herem or any other address Lender designates by notice 10 Borrower, Any notice <br />provided for In thIS Securny 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 shaH be governed by federal law and Ihe law of the <br />JunsdlctiOn in which the Property is located, In the event that any provision or clause of this Security Instrument or the <br />,,",ote conflicts with applicable law, such contlict shall not affect other provisions of this Security Instrument or the Note <br />whIch can be given effect without the contlicting provision. To this end the provisions of this SecurilY Inslrument and the <br />~ote are declared to be severable, <br />16. Borrower's Copy, Borrower shail be gIven one conformed copy of Ihe 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 nOI a natural <br />person) without Lender's pnor wrlllen consent, Lender may, at ItS option, require immediate payment in full of all sums <br />secured bv thIS Secunty Instrument. However. thIS opnon shall not be exercIsed by Lender if exercise is prohibited by <br />federal law as olthe date of this Secumy Instrurnem. <br />If Lender exercIses thIS opnon, Lender shall gIve Borrower notice of acceleratlon, 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 ail 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 />remedtes permitted by thIS Secumy Instrument without further nonce or demand on Borrower. <br />18. Rorrower~s Right to Reinstate. If Borrower meeiS certain conditions. Borrower shall have the right to ha..-e <br />enforcement of thIS Secunly Instrument dIScontinued at any tIme prIor to the earlter of: (a) 5 days (or such other penod as <br />applicable law m:>y specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Secunty {n,trumen!: or \b) entry c,f:> Judgment enforCIng thIS Secunty Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums WhICh then would be due under thIS Secunty Instrument and the Note had no acceleration <br />occurred: lb) -':UfcS :.Iny default of any other covenants ,-)[ 3PTeernents; te) pays a1i expenses incurred in enforcing this <br />Secunl, Instrument. Including, but not ilmlled to, reasonable attorneys fees; and (d) takes such actIon as Lender may <br />reasonably reqUIre I') a,sure that the lien of th,s Secunty Instrument, Lender's nghts In the Property and Borrower's <br />obligatlon to P3Y th~ sums secured by this SecurIty Instrument shall continue unchanged. L1pon reinstatement by <br />Borro\\-er. thts Se('urlt\ Instrument and the L}blig~tlOns :-.ecured herebY "hall remain full\' effective as If no J.cce!eranon hud <br />occurred. Ho\v~\ er. t h'l~ right to reinstate shall n:H apply lT1 t he case or' acceleration unde~ paragraphs 13 or 17 <br /> <br />,,",ON, 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 Borrower'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 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 the Property, The notice shall furlher 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 no( 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 he entitled to <br />collect all expenses incurred in pursuing the remedies provided ill this paragraph 19, inciudin!(, hut not limited to, <br />reasonable attorneys' fees and COSL~ of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county In which any p'ut of the <br />Property is located and shan mail copies of such notice in the manner prescribed by applicable law to Horn'''','r and tu lh., <br />other peno"" pres<:ribftl by applicable law. After tbe time required hy applicable law, Trustee ,hall 1:"" public notke ". <br />"i)ule to tbe ~rsons and in the manner prescribed by applicable law. Trustee. without demand on B')rrlHH>r, ,ha1i ..dl thi.-' <br />