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<br />84---. 006021 <br /> <br />r <br /> <br />If ,he Propeny 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 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 Ihis Security Instrument, whether or not then due, <br />Unless Lender and Borrower otherwise agree in writing, liny appiication of proceeds to principal shall not extend or <br />postpone the due dale of Ihe momhiy payments referred to in paragraphs I and 2 or change the amount of such payments, <br />10. Borrower Nol 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 />intereSI of Borrower shall not operate 10 release the liability of the original Borrower or Burrower's successors in interest. <br />Lender shall not be required to commence proceedings againsl any successor in imerest or refuse to extenc.. time for <br />payment or otherwise modify amortization of the sums secured by Ihis 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 ouemedy <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 Securitv Instrument shall bind and benefit the successors and assil!ns of Lender and Borrower, subiect to the provisions <br />of paragraph 17 Borrower's covenants and agreements shail be joim ;nd several. Any Borrower who co.signs thiS Security <br />Instrument but does not execute the Note: (a) is co.signing Ihis Security Instrument only to mortgage, grant and convey <br />that Borrowers IIIterest In the Property under the terms of this Securily 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 wHh 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 10 a law which sets maximum loan <br />charges. and that law '5 finally mterpreled SO that the inlerest or othet loan charges collected or to be collected in <br />.;onnectlon with the Joan exceed the permitted hmits. then: (a) any such ioan charge shaH be r:d-uced- by the amount <br />necessary to reduce the char~e to the permitted limit; and (bi N:', ~~l '<lS already collet,;ted from Borrower which :eKc~.1..~ <br />permitted limits \,:iil be refunded to Borrower. Lender m.? -.l.:),~'se to '~13.k~ this refund by reducing the principal :owed <br />under the Note or by makmg a direCt payme;,; to Borrowe;, .i a refund reduces principal, the reduction will be treated as a <br />partial prepayment wllhoUl any prepayment charge under the Note, <br />13, Legislation Affecting Lender's Rights. If enactment or e1,piration of applicable laws has the effect of <br />rendenng 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 th!~ Security Instrument and may invoke any remedies <br />permitted by paragraph 1'01 If Lender exercISes this opllon, Lender shall,take the steps specified in the second paragraph of <br />paragraph 17 <br />14, :"iotices, Any nO!lce to Borrower proVIded for in this Security Inslrument shall be given by delivering it or by <br />mallmg It by [j"t ,;1as~ mad unkss apphcable law reqUIres use of another method, The notice shall be directed to the <br />Property Address or any other address Borrower designates by nonce to Lender, Any notice to Lender shaH be_given by <br />nrst class maIl to Lender's address stated hereID or any other address Lender designates by notice to BorrOwer, Any notice <br />['rovicted for In thiS Seeunty Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />!!l thIS paragraph <br />15. Governing Law: Severability, ThIS Secunty Instrument shall be governed by federal law and the law of the <br />Junsdlcllon m whIch the ProperlY IS located, In the event that any provision or clause of this Security Instrument or the <br />NOle conflIcts wnh apphcable law. such confl!cl shall not affect other provisions of this Security Instrument or Ihe Note <br />whICh can be pven effect wnhout the con!hcllng proVISIon, To thIs end the prOVISions of this Sec:.rrilY Instrument and Ihe <br />Note are declar"d to be s"y"rabI". <br />16, Borrower's Copy, Borrower shall be g,ven one "on formed copy of the Note and oflhis SecurilY Instrument. <br />17, Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />mter~t In tt IS- soid or tiansferred {or ,{:.! ber:l-f:::n~ial mteicst in Borrower is sold or transferred and Borrower is not a natural <br />person} wnhOUi Lender's p.ior wfaten consent, Lender may. at its opuon. require immediate payment In full of all sums <br />secured by thiS SecUr1!Y Instrument However. rh,s option shall not be e.~erctsed by Lender if exercIse is prohibited by <br />federal law as 0f the dare of tillS SecunI)' Instrument. <br />If L"Hder e"erc,ses thIS o['lIon. L~nder ,haH gIve Borrower notice of acceleration, The notice shall proVIde a period <br />of not less than 3(1 ,jays from the d;ile the notIce tS delivered or mailed wnhin which Borrower must pay all sums secured by <br />rhls Secumy Inslrument If Borrower falis 10 pay these sums pnor to the expiration of this period, Lender may invoke any <br />remed!t" perml(ted by rhts Secumy Instrument wnhout funher notice or demand on Borrower. <br />18, Borrower's Right to Reinstate, If Borrower meers cerlam conditIons, Borrower shall ha' , ;he right to have <br />enforcement ,,! thiS Se"umy Instrument dls.:onnnued at any lIme pnor lO the earlier of: (a) 5 days (or such other period as <br />applicable law lOa' speCIfy for rC!nSlarement I belore saie of the Property pursuant to any power of sale "ontained in thts <br />Security in~trumenL :_)f to) enir:- pf:1 ;udgmenr enforcmg thiS Sc~urlty Instrument- Those conditions are {hat Borrower: <br />~.3.~ P'~)S L~~~~~!' :di 'l.!m... whll.::h then would be Jue under rb:s See-unty In~trumenr and the Note had no acceleration <br />i..'X::curred.: j bi o:ure'S. ~lny dc:fault ,-,f an) other (ovenants Of agreements; H;' pay~ dii c.\.pt:'tt~~~ ~ii~Ut,cd ;;-; ~;,:f~:--':~~g !h!~ <br />Se(:unn In.\trument. wduding, bur n('! limited to. reas.unable 3uornevs' fees: and (d) takes such action as Lender may <br />feason~biY reqmre t,} J.s:).ur~ t~tlat the hen ,,:';f rh!s ';ccunty In~{rument', Lender's rights In the Property and Bt1rrOwer:s <br />\..~bllgatH.1n to pay lhe sums se...'ured by this SecufHY Instrument s.nail (onunue ufH.:hanged. L~pon reinst3tement by <br />Borrower. !hl~ SC~("~lrH) lnstrum.::nt .1nd the obl:~::HtOns ~ecured hereb\' shall rt~mam full\" ene-cove as If no acceler;J.!1on had <br />._'i..::curr~j, I-h1\\e\cr, thiS nght to i"t.."Histate: shail n-~)t appiy In :he C3se o(;lccekr::HH)n unde~ paragrj,ph~ i 3- or 17 <br /> <br />t <br />L <br /> <br />"ION.C"lf{)R~ COVENANTS Borrower a!1d Lender further covenant and agree 3.S follows: <br />19. Acc~leTatioli: Refilt'dies. Lender shaH give notice to Borrower prior to acceleration followin~ Borrower''} <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unins "'\lPlicabie law pl'o"ides othe",,;..,), The notke shaH spt!cify: (al tbe default; (b) the action required to Clire the <br />defalllt: lc) a date. not less than 30 days from the date the notice is given to Borrower. by which the default must be curcd; <br />and ldl tbat failure to cure tbe default on or before the date specified in the notice ffay result in acceleration of the sums <br />se.:ured by tbis Seeurity Instrument and sale of the Property, The notice shall further inform Borrower of the right to <br />rtliMUlte after acceieration and the right to bring a court action to assert Ibe non-existence of a defauit or any !Hiler <br />urease of Borrower to a.eceleratlon and sale, If the default is no: cured on or ~farc lhe date specified in tbe notice. Lender <br />at its 09tloll may require immediate payment in full of all Slims secured by tbis Seeurit)' Instrument without further <br />demud aM IMY lO.okec the po...er of sale lIl1d any other remedle! permitted by applicable Ia... Lender shuH be entitled 10 <br />e<>llect ail e)<,penlift incurred in pursuing tb" remedies provided in this p;lnl(!nlph 19, induding. bUl no! limited (0. <br />~lll' IInOme)'11' fees and Ct>5ts of title uldenc". <br />lr the POWff ot ...1.. is invoke4. Trustee wail record a notice of defauJt in each county in whkh any pnft ,'I tn" <br />f'r.lfWrty is locJltoo lInd !hall mall copi<:s of ~och notice in the "Ul.mer prescribed hy applicabl" lnw to Borr",.,-r and to tl", <br />,,(~ 1"'"_. j)l'e$<;!lI"i'd b)' applicable la... After the time; r"'fuirt'd I" app!icnble law, TraM"" ,baJll(i'. puhlic n'''''''~ ul <br />14ti~ to tn_f ~ aud ,n {'he' man,lK't p.rcSCtlMQ b'1' apph-Cllblt' tAW. rru)ih.'~. ""-n_hout dtmantl on Burrnw't'f. "h.111 \l'.ij Ih.- <br />