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HomeMy WebLinkAbout0931 . s addrrssecl to &~rmwr~ a~ ihr Prapeny Addrrss or al such Mher address as Bo~rower may desigoate by notice to Lender as pro~ idcd hercin, and (b) any nuure ti? Lender shall tx givrn by first cla~~ mail to Lender's address stated herein or to such other addrrs.ti as Lender ma~~ d~~,~gn;~tr by nutire to Burruw~er as prc~vided htrein. Any notice provided for in this Securiry In~trumrn~ shall br dtrmrd tu ha~e t+rtn given to &irrowrr or Lender whrn g~vrn in the manner des~gnated herein. U, UNIFORM SECURITY IIVSTRUMENT; GUtiERNING LAW; SEVERABILITY Unifi~rm Cen•rnan~ I S of the Sc~urity Instrumenl is amended to read as follow~s: 15. Uniform Security Instrumenh Gorerning l.aw; Severability. This form of Security lnstrument combines uniform ruvrn~nts fi~r national use and non-uniform covenunts with limitrci varialions by jurisdiction to constitute a uniform serurity instrument rovering real property. This Sc~;urity Instrument shall be governed by federal law~ and the law of the jurisdi:,tion ~n w•hich the Property is I~x-ated. In the rvent that any pravision or clause of this Security lnstrument or the Note conflicts w~ith applicable laa~, such conflict shaU qot aflect other provisions of this Security Instrument or the Note which c:~n be given efTect w~ithout thr conflicting pro~~ision, and to this end the pmvisions of this Security Instrument and the Nute are declared to be ~everable. - E. TRANSFER OF THE PROP~RTY OR A BENEFICIAL INTEREST IN BORROWER Unifi~rm Covenant 17 of the Secunl~~ Instrument is amended to read as follow•s: 17. Transfer of the Property or a Beneficial Interest in Borrower. If al! or an~• part of the Property or an interest therein is sold ur transferrc~ci b}~ BorroH~er (or if a beneficial interest in Borrow•er is sold or transferred and Borrower is not a natural person or ~rsons but is a rorEx~ration, partnership, trust or other legal entity) w~ithuut Lender's prior written consent, excluding (a) the creation of a lien or encumbranre subordinate to this Security Instrument which does not relate to a transPer of rights of ckcupane~• in the property. (b) the creation of a purehase money seeurity inter~t tor household applianrc~s, (r) a transfer b~~ de~•ise, d~~,cent or by operation of law• upon the death of a joim tenant or (d) the grant of any leasehold interc~st of three years or less not containing an optian to purchase, Lender may, at Lender's option, declare all the sums seeured by thi~ Sc~urit}• Instrumem t~~ be immeciiately due and payable_ If Lender exercise~ such c~ption to acrelerate, Lender shal) mail Borrow•er notice of acceleratien in accordance with par:~graph 14 hereof. Such notice shall provide a~riod of not less than 30 days from the date the notice is mailed within ~rhich Borrvwer ma}• pay the sums declared due_ If Borrow~er fails to pay such sums prior to the expiration of such period, _ 1_ender may, w•~thoW further notice or demand on Bu~ ~.~w•er, in~~oke an~~ remedies permitted b~~ paragraph l8 hereof [_ender may consent to a iale or transfer if: (1) Borrc~w•er causes ta be submitted to Lender intormation required by Lender tu e~•:~luate the transferee as if a new~ loan were being m~de to the transferee; (2) Lender reasonably determines that Lender's sec;urity ~~~ill not be impaired and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable: interc~t is pa~~able on the sums ~cured by this Security Instrument at a rate acceptable to Lender; (4) changes in the terms of the Note and this Security Instrument required by Lender are made, including, for ~x:~mple. ~eriodic adjustment in the interc~t rate, a diflerent final payment date for the loan, and addition of unpaid interest t~~ principal; and (5) the transferee signs an assumption agreement tha~ is acceptable to Lender and that obligates the transferee to keep all the premises and agreements made in the Note and in this Security Instrument, as modified if r~yuired h~~ Lender. T~~ the extent permitted b}• applicable law•, Lender ~lso ma~~ charge a reasonable fee as a rondition to , Lender's consent to an1~. ~le or transfer. - Borrow•er w•ill continue to be obligated under the Note and this Securi~y Instrument unl~ss Lender releases Borrower in ~sriting. F. COVENANI' DELETED tic~n-Uniform Co~~enant 21 of the Security Instrument ("Future Advance~") is deleted. . ' C. LOAN CHARGES t If the loan secured by the Sc~urity Instrument is subject to a law• ~~-hich sets maximum Ioan charges, and that law is finalfy ` interpreted so that the interest or other loan charges collected or to be rollected in connection with the loan exceed ~ ~ermitted limits, then: (1) any surh loan charge shall be reduced by the amount necessary to reduce the charge to the ; Permitted limits: and (2) am~ sums already collected from Borrow~er w~hich exceeded permi[ted limits will be refunded to ~ I3orro«•er. Lender may nc~wse to make this refund by reducing the principal owed under the Note or by making a direct i hay~ment to Bc~rrow~er. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. E 4 H. LEGISLATION ! ~ If, after the date hereof, enactment ur expiration of applicable laws have the efTect either of rendering the provisions of the 1~ote, the Securit}~ Instrument or thic Graduated Payment Rider (other than this paragraph H) unenforceable according to their terms, or all ur any part of the sums secured hereb~• uncollectable, as otherwise provided in the Security Instrument r and this Graduated Payment Rider, or of diminishing the value of Lender's security, then Lender, at Lender's option, may ; : declare all sums secured by the Security Instrumenl to be immediately due and payable. Iti VV~l rv[.ss WHEREC~r~. Borrower has executed this Graduated Payment Rider. . ; 6~9f 49 " ` ~ ~ tt~ tl' Ot ~~l~~f~~Q~ lvl~f~%f'' -di. t983 OCj 3 ..~s~a~> DONALD G . PASCHALL ~ SR . ~ -Borrower <<~r~ ~.K1 , ; . : . c~ ~t~•^.lt . - . F('t~'• : . . . . n ............................................................................($P.a~) ; r~ ~ ~ f ~ ? ' AL I CE C . PASCHALL -sorrower ~ ~ 0 ~ : ...D . -Borrower r (S~gn Orrgina/ On/y) g~415 P,~ ~9 6RADUATED PA~MENT AIDER - n,~ 6 s~~~M - smgle Famdy-5/82 - fN11A U~ttn ~utn~a~ : ~ . _ _ _