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200907'784
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
<br />immediately before the partial talong, destruction, or Ivss in value is equal to or greater than the amount of the sums secured by this
<br />Security Instrument immediately before the partial talong, d®structicn, cr loss in valu®, unless Borrow®r and Lender otherwise agree
<br />in writing, the sums seoured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied
<br />byy the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or Ivss in value
<br />divided by (b) the felt market value of the Prpperty immediately before the partial taking, destruction, pr loss in value. Any balance
<br />shall be paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
<br />Immediately before the partial taking, destruction, or loss In value (s Less than the amount of th® sums secured immediafely before
<br />the partial faking, destruction, or loss In value, unless Borrower and L®ndar otherwise agree in writing, the Miscellaneous Proceeds
<br />shall be applied tv the sums seoured by this Security Instrument whether or not the sums are then due.
<br />Ii the Property is abandoned by Borrower, or if, attar notice by Lender to Borrower that the apposing Party (as defined in the
<br />next sentence offers to make an award to settle a claim for damages Borrower fails to respond to Lender within 80 days after the
<br />date the notice is given, Lender is authorized to collect and apply the }vliscellaneous Proceeds eRher to restoration or repair of the
<br />Property or to the sums secured by this SecurRy Instrument, whether ar not then due, opposing Party" means the third pparty that
<br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right o1 action to regard to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default If any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could
<br />result in forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security
<br />Instrument. Borrower can cure such a defauR and, if acceleration has occured, reinstate as provided an Section 19, by causing the
<br />action yr proceeding to be dismissed with a ruling that, in Lender's Judgment, pprecludes forfeiture of the Property or other material
<br />impairment of Lender's interest in the Property or rights under this Securty Cnstrument. The proceeds of any award or claim for
<br />damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to
<br />Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided
<br />for In Sectien 2.
<br />12. Borrower Nat 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 Borrower or any Sucvessor In
<br />Interest of Borrower shall not operate to releas®iha liabllRy of Borrower or any Successors in Interest of Borrower. Lender shall not
<br />be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
<br />Borrower or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
<br />limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Less than
<br />the amount than due, shall not be a waiver of ar preclude the exercise of any right or remedy.
<br />18. Joint and Several Llabillty^ Cosigners; Successors and Assigns Bound. Borrower covenants and agrees
<br />that Borrower's obligations and liability shall be joint and several. However, any Bnrrnwer who co-signs this Security Instrument but
<br />does not execute the Nate (a "co-signer"): (a) is co-si®®~ing this Security Instrument only to mortgage, grant and convey the
<br />co-signer's interest in the Property under the terms of this 5ecunty Instrument; (b) is not personally obligated to pay the sums secured
<br />by this SecurRy instrument; and (n) agrees that Lander and any other Borrower can ag~ae to extend, modify, Torbear yr make any
<br />accommodations with regard to the terms of this Security Instrument or the Note without the cv-signer's consent.
<br />Subject to the provisions of Section f 8, any Successor in Interest of Borrower who assumes Borrower's obligations under this
<br />Security Instrument in writing, and is approved byy Lender, shall obtain ell of Borrower's rights and benefits under this Security
<br />instrument. Borrower shall not be released from Borrower's vbligatiens and liability under this Security Instrument unless Lender
<br />agrees to such releas® in writing. The covenants and agreements of this SecurRy Instrument shat! bind (except as provided in Section
<br />2u) and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for servives pertorrned In connection with Borcower's default, for the
<br />purpose of protESCting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,
<br />attvmey's fees, property inspection and valuation fees. In regard to any other fees, the absence of express autharky In this SecurRy
<br />Instrument to charge a specHic tee to Borrower shall not be construed as a prohibRion on the charging of such fee, Lender may not
<br />charge fees that are expressly prohibited by this SecurRy Instrument or by Applicable Law.
<br />lithe Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other
<br />loan charges wllected onto be toll®cted in connection wRh the Loan exceed the ppermitted limns, then; (a) any such loan charge shall
<br />be reduced by the amount necessary to reduce the charge to the pemitted IImR; and (b) any sums already collev[ed from Borrower
<br />which exceeded permitted limns will be refunded tc Borrower. Lender may choose to make this refund by reducing the principal
<br />owed 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 (whether or not a prepayment char a is provided for under the Note). Borrower's
<br />acceptance of any such refund made by dir®ca paymarlt to Borrower will constrtute a waiver of any right pf action Borrower might have
<br />arising out of such overcharge.
<br />16. Notices. All notices given by Borrower ar Lender in connection with this SecurRy Instrument must be in writing. Any
<br />notice to Borrower in connection wrth this Security Instrument shall be deemed to have been g~v~n to Harrower whan mailed by first
<br />class mail or when actually delivered to Borrowers notice address 'rf sent 6y other means. Notice to any one Borrower shall constitute
<br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
<br />Borrower has designated a substitute notice address by notice to Lander. Borrower shall prompfly notify Lender of Borrpwer's
<br />change of address. If Lender specHies a procedure for reporting Borrower's change of address, then Bnrrnwer shall only report a
<br />change of address through that specRled procedure, There may be only one designated notice address under this Security
<br />Instrument at any one time, Any notice to Lender shall be given by delivering it or by mailing R by f fret class mail io Lender's address
<br />stated herein unless Lander has designated another address by notice to Borrower. An nohce in connection with this Security
<br />Instrument shall not be deemed to have bean given to Lender until actually received by Lender. If any notice required by this Security
<br />Instrument Is also required under Applicable Law, the Applicable Law requirement w~li satisfy the corcespvndinq requirement under
<br />this Security instrument.
<br />16. Governing Law; Severablllry; Rules of Gonstruction. This Security Instrument shall be governed by federal law
<br />and the law vi the jurisdiction In which the PProperty Is located. All rights and obligations contained in this Security ]nstrument are
<br />subject to any requirements and IimRations vP Applicable Law. Applicable Law might explicRly or implicRly allow the parties to agree
<br />by contract ar it might be silent, but such silence shall not be construed as a prohibRion a ainst agreement by contract. In the event
<br />that any provision or clause of this Seour'Ry Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
<br />provisions of this Security Instrument or the Note which can be given effect wRhout the conflicting provisicn.
<br />As used in this Security Instrument: ((a) words oT the masculine gender shall mean and include corresponding Haut®r wards or
<br />words of the feminine gender; (b) words in fhe singular shall mean and include the plural and vice versa; and (c) the word "may" gives
<br />sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one Dopy of the Note and of this Security I nstrument.
<br />NE6pp$KA$inpl~ Feml~y«1'ennle MesTr~ddl~ MSG VNIFagM INSTRUMENT Form 3018 1ID1 (Fnp~ 6 yr 7 pupep)
<br />9018 NE DOT 01107 PCi6
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