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HomeMy WebLinkAbout0931 ~ ad~irrsx~d ta Dorroa~rr at ihe Nro~rt~• AdJrc~s c~r at xuch other address as F3orroK•e~ may drs~gn3te by notice to Lrnder as pra~~dc-~f h~re~n, and Ib) any nouce tu Len~er shall t~ givr~ by fi~st class mail to Lr~drr's addre~s statrd hrrein or to such ~ uthrr adJrc~s as Lrndrr ma~• des~gnatr by naUC~ to Borre~H•er as prov~drd here~n. Any notice provided lor ~n this Sc~unty In~t~ument ~hall be deemed ro ha~e bren gi~rn t~~ RurroN~~r or L~nder ~vhrn givrn in the manner dcsignatrd here~n. D. U\IFOR~t SECURITY I`STRU~lENT; GOVFRNI\G LA~~'; SEVFRABILITI~' Unifi~rm Co~~enant 15 of the Security lnstrument is amendrd to rrnd as folluw~s: 15. Uniform Secu~ity lnstrument; Governing Law; Severability. Thic form of Securit~~ Instrument combinrs uniform cuvenants for ~alional use and non-unifi~rm covenan~s ~vith limited variat~ons by junsdictiun to ronstitute a uniform srcurit~~ instrument cavertng real propc:rty. This Sc~;urity lnstrument shall be governed by fecferal law~ and the law of the jurisdirtion in w~hich the Propert~• is located. In the event that any provision or clause of this Se~:unty Instrument or the Note conflirtc with applicable I~w, such ronflirt shall not .tl'ect other pmvisions oP this Sc~urity Instrument or the Note a~hich ran be gi~~en r!Tcy:t without the conflicting provision, and to this end the pro~~isions ut this Security Instrument and the Note are declared to be se~•erable. E. TRANSFER OF THE PROPERT7~' OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Secunty Instrument is amended to read as follows: 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any- part of the Propert~~ or an interest therein is sold or transferred by Borrower ~or if a beneficial interest in Borro~~•er is sold or transferreci and E3~irrow~er is not a natural person or persons but is a corporation, partnership, trust or other le~al entity) without Lender's prior written consent, excluaii~g (a) the creation of a lien or encumbrance subordinate to this Sc~;urity Instrument which does not relate to a transfer of rights of occupancy in the property, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by de.~ise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, ~t Lender's option, declare all the sums secured by this Security Instrument to be immediately due and payable. If Lender e!cercises such option to accelerate, Lender shall mail Borrower notice of accrleration in accordance ~vith paragraph 14 hereof. Such notice shall pro~•ide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower tails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof Lender may ronsent to a sale or transfer if: ( I) Borrower causes to be submitted to Lender information required by Lender to evaluate the iransferee as if a new loan were being made to the transferee; (2) Lender reasonably determines [hat Lender's security will not be impaired and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable; (3) interest is pa}~able on the sums secured by this Security Instrument at a rate acceptable to Lender; rhanees in the terms of the Note and this Security Instrument required by Lender are made, including, for example, periodic adjustment in the interest rate, a difterent final payment date for the loan, and addition of unpaid interest to principal; and (5) the transferee signs an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and :~greements made in the Note and in this Sc~:urity Instrument, as modified if required by Lender. To the e!ctent permitted by applicable law. Lender also may~ charge a reasonable fee as a condition to Lender 5 consent to any sale or transfer. ' Borro~ver will rontinue to be obligated under the Note and thi~ Securit~• lnstrument unless Lender releases Borro~ver in writing. F. COVE1iA\T DELETED ~ ' Non-Uniform Covenant 21 of the Securit}~ Instrument ("Future Ad~~anres") is deleted. ~ G. LOA\' CHARGES E (F the luan secared by the Securit~- Instrument is subject to a!a«~ w•hich sets maximum loan charges, and that law~ is finally ~ interpreted so that the intere~t or other loan charges collected or to be collected in ronnection with the loan exceed i ~ermitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the ~ prrmitted limits; and (2) any sums already collected from Borrower which exceeded permitted limits will be refunded to ~ Borro~~rr. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct f payment to Borro«•er. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. H. LECISLATION ~ ~ I~ after the date hereof, enactment or expiration of applirable laws have the etTect either of rendering the provisions of the ~ Note, the Security Instrument or this Graduated Payment Rider (other than this paragraph H) unenforceable according to } r their terms, or all or any part of the sums secured hereby uncollectable, as otherw~ise provided in the Security Iostrument and this Graduated Payment Rider, or of diminishing the value of Lender's sei:urity. then Lender, at Lender's option, may ~ ~ declare all sums secured by the Security Instrument to be immediately due and payable. ~ I~ WITNESS WHEREOF. Borrower has executed this Graduated Pa}~ment Rider. - ~1 9 ~-~~~v, = _ 3~ 4 _ . . FRA,~IK DeTOMAS ..........................•(Seal) -Borrower cEt=C ~'ht ~ ~ . • ~ Sf) rF f_ t~ ~ - .(Seal) ~ , -Borrower Y ~ , ~ ~ ~ - ~ ~ ~ .(Seal) -Borrower (Sign Ongina/ On/y) 3~Qx 413 PAGE ~7~.0 ~ - _ _ - ~ ~ . ~ ~.:M , ~ n~ ~ ~F ~ ~ .