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<br />r <br /> <br />84:"::I8J' 006160 <br /> <br />If the Property is abandoned by Borrower. or if, after nmice by Lender to Bor.ower Ihal the condemnor offers to <br />make an award or settle a claIm for damages, Borrower fails to respond to Lender within 30 days afler the date the notice is <br />gIven. Lender IS aUlhorized 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 Inslrument, whether or not then due, <br />Unless Lender and Borrower otherwise agree in writing, any applicalion of proceeds to principal shall not extel'.d or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower ~ot 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 gnmted by Lender to any succesllElf in <br />interest of Borrower shall not operate 10 release the liability of the original Borrower or Borrower's successo!'S'in'interest. <br />Lender shall not be required to commence proceedings against any successor in interest or rdUsetoextendt~.fOl' <br />payment or olherwise modify amortization of the sums secured by this Security Instrument by reason of any denut:illi;,Ulalie <br />by lhe original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any rightor:r~edy <br />shall not be a waiver of or preclude Ihe 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 SeCUf!ty Instrument shaH b!nd and benefit the successors and assi~s or Lender and Boi"i-vWef. ~u.hject to tha-ptvJk~~--- <br />of paragraph I I, Borrower's covenants and agreements shall be joint :i:nd several. Any Borrower who co-:sip thls5ecurity <br />Instrument bUI does nO! execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's mteresl in the Property under the terms of this Security Instrument; (b) is not personallyobIig!lted'tOpay <br />the sums secured by this Securily Inslrumenr: and (c) agrees that Lender and any other Borrower may agree to extend; <br />modify, forbear or make any accommodations with regard to the terms of this Security InStrument or the.N()Ufwithout <br />that Borrower's consent. <br />12. Loan Charges, If Ihe loan secured by this Security Instrument is subject 10 a law which sets maximl,1ID"Ioan <br />charges. and that jaw is finally interpreted so that the intere"st or olher loan charges coHecte-d -Cf- to-- be- cclltct_ed:_:_!~, <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 limit; and (b) an ",; .';S already collected from Borrowerwhiehexceedel:! <br />permmed limm will be refunded to Borrower L"nde; m<'l'i ,\ f,~" lu ",ake thi" ".{und by reducingtheprincip.ai owed <br />under the Note or by makmg a dlrect paymer" to Dorrow':" ~ refund !educes principal. the reduction willbetteatedasa <br />partial prepayment wlthour any prepayment charge under the Note. <br />13, Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws hllS 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 r"'iulre Immediate payment In full of all sums ,ecured by this Secunty Instrumeni 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. :'>Iotices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mat!ing It by nrst ciass mat! unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designales by notice to Lender, Any notice to Lender shall be given by <br />iiI'S! class mat! to lender's address stated herem or any other address Lender designates by notice to Borrower, Any notice <br />provided for m thiS Secumy lnstrumem ,hall be deemed to have been given to Borrower or Lender when given as provided <br />m this paragraph, <br />15. Governing Law; Se'Verabihty. ThIS Secur1[j' insrfument shaH be governed by federal law and the law cfthe <br />!UnSdlCllOn m which the Property i, located, In the event that any provlsion or clause of this Security Instrument or the <br />;.Jott: L'onfiicrs wHn applicable law, such Gonflict shaH nOt afte.-.:t other provisions of this Security instrument Qr the Note <br />whIch can be given effect wuhout [he confhctlng proviSion, To this end the provisions of this Security Inslrument and the <br />:-.Iote are declared to be severable, <br />16. Borrower's Copy, Borrower shall be gtven one conformed copy of the Note and of Ihis Security Inslrumenl. <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 Lend"r', pm'r wrmen Cllnsent, lender may, at Its opnon. reqUIre immediate payment I!I full of an sums <br />,ccured by thiS Secunt\' InstrumenL However, thl' optlon ,hall not be ex"rclsed by Lender if exercise is prohibited by <br />fcd~rai la;:w- as of the d;;.te of tht~ SecurHY insuument. <br />If lend~r exerc,ses thiS option, L~nder shail g'v~ Borrower notice of acceleranon, The notice s;,all provide a period <br />of not less than 30 days ff0TI1 Ille date the nO(tce is delivered or maIled wllhll1 which Borrower must pay all sums secured by <br />this Secumv Instrument. If Borrower falls to pay these sums pnor to the e,\plratlOn of this penod. Lender may invoke any <br />remedies permmed by ,hiS Secunty Instrument without further notlce or dcmand on Borrower, <br />13, tiQrrQwer's .Kignt to Heinstate. If BorrOWer me~ts certain condition~. Borrower shall have the right to have <br />enforcement of thIS Se-,unt\' Instrument oISCOnltllU~.,j al Jny (tOle pnor 10 the earlier of (a) 5 days (or such other period a' <br />apphcabk law may speCify for r,'lf!Slatement) before sale of the Property pursuant to any power of sale contained in this <br />Se',,:ufny Instrument: C'r Ih) entry Df 3 Judgment c:nrorcmg thiS Security Instrument. Those conditions are that Borrower: <br />!al pays Lender ail 'Utr" whICh then would be due under thIS Secumy !nslrument and the Note had no acceleratIon <br />t)(:curred: d:n ;.:ur~s .lny der3.ult of any \!ther ~ovenanb Uf agreements: (t) pays all expenses incurred m enforcmg thIS <br />SC-~Ufll'y Instrument. mciudlng, but not hmned to. reasonable atl{.nney~' fc~: and (u) tUK!;:) such action as Lender rnay <br />reasonably reqmre in as.sure rhar tho:: lien of th!~ Security Instrument. Lender\ nghrs in the Prop~rty and Borrower.~ <br />\)biigaiHJI1 to p:l)' the ~un1:S ~ci...'ured by th!s. SeCUrIIY lnstfurnerd shall continue uru.:h.1ngecL Cran remstaremerH by <br />Borro\\-er. thl~ Sc{,,'"unrv Instrument ~nd the ubllg;H10nS ....C'cured hereby shall remam full\: dfectlve a:-. If no :,h,:ce!cration h;jd <br />(]ccurred, How~\.~:, ;,h-1S ngh~ tc re:ns~atc shaii :1~,t Jppt)' ill the ~llse ,-_i' acceitratlOrl unde<r paragraphs J.3 or 17 <br /> <br /> <br /> <br />~OS,UNIFORM COVENA~';TS_ Borrower and Lender funher covenant and a,aree as foHows' <br /> <br />L <br /> <br />19, Acceleration: Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any CU"ef\lmt or agreement in tbis Security Instrument lOUt not prior to acceleration under paragraphs 13 and 17 <br />~:!r->> _jijilk.bliC: law fif\l,idQ uther"ise}. The ltolic~ sbaH 5jKdfy: (aJ the default: (b} the g~tic~~ reQ!.dred ~f) cure the <br />default; lel a date, not less than 30 days from the date the notice is gi.en to Borrower, by which the default must be cured: <br />It'Kl (d) that failure tQ cun the default on or before the date specified in the notice m~y result in l;lccder~tit}n of the sums <br />seccllred by this Security Instrument and sale of the Property, The notice shall further inlnrm Borrower of the right to <br />rel_ate after acceleration and the right to bring II court action to lISSert the non-exislence of a default or any 'Jlher <br />defense of Borrower to acceleratiou and sale. If the default is nol cured on or before the date specified in the notice, Lender <br />at its option ll\.ay require immediate payment in full of aU sums s<<ured O}' tbis Security Instrument without further <br />derJlaad lUI4 may i.noke the \>Ower <)( sale and any other remedies pe.milled by applicable la... Lender shail be enlitled to <br />coUKt all e1~ incurred in pursuinll the remedies pro.ideo in this paragnlph 19. incJudinll, but not limited tn, <br />r_ble atttlrncyt' feu.wI custs of title nidelll:e, <br />H the \>Ower <>f sale is itnoketi, Trustee shall record a notice of default in each c<Junty in which lIny part 01 the <br />~rty is i6Uud lum shall mail C01l",$ of SIKh RotiCO! in the manner llrescribo!d by applicable law to Horrower and (., the <br />~~ V*r"'~ ~:'~n~ by .pplt~k; hAW. After the ti3K f~ulf~J by aw-!kab!e taw, TruM~ a;!::lH i1'f'e pubih; n€Hic(, ~_..{ <br />..ok to ilwt jM>t1Wh:l! and in the malUI~ pr..urlbo!d by AlJplkabl., la,"" Tru,>te., w\tho". ,kmllnd n" ao"o...'r, ,hall ,,'Ii HI<' <br />