HomeMy WebLinkAbout0944 If Lender reyuired mortgage insurance as a condition of making the loan sc~:ured by this Security Instrument,
Burru~cer shall pay the premiums required to maintain the insurance in eR'ect until such time as the requirement for the
~nsurance terminates in accordance with Borrow~er's and Lender's written agreement or applicable law~.
8. Inspection. Lender or its agent may make reasotiable entries upon and inspecticns of the Propertp. Lender
:hall giv~ Borrow~er notice at the time of or prior to an inspection specifying reasonable cause for thz inspection.
9. Condemnation. The proceeds ot any award or claim for damages, dire~:t or consequential, in ronnertion with
an}~ condemnation or other taking of anp part of the Property, or for con~~eyance in lieu of condemnation, are hereb~~
assigned and shall be paid to Lender.
In thP PVPIII nf a tnral taLino~ nf thg Prn~rt~r, thP nrrrP~ric chal) hP a~nli~cl t~ the sumc secured bv this Security
In~trument, w~hether or not then due, with any excess paid to Borrower. In the event oPa partial taking of the Property,
unless Borrow~er and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
the amount of the procee~s multiplied by the following fraction: (a) the total amount of the sums secured immediately
t±efore the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrow•er.
lf the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an a~~~ard or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
gi~ en, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 c~r change the amount of'such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Eatension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.
Lender shall not be require.~ to commence proceedings against any successor in interest or refuse to extend time for
payment or otherw~ise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the origina! Borrower or Borrower's successors 'sn interest. Any forbearance by Lender in exercising any right or remedy
shall not be a a~aiver of or preclude the exercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Casigners. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions ~
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the ~tote: (a) is casigning this Security Instrument only to martgage, grant and convey I
that Borrower's interest in the Propeny under the terms of this Security Instrument; (bl is not personally obligated to pay '
, the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may ag~ee to extend, I
modify, forbear or make any accommodations with regard to the terms of this Secvrity Instrument or the Note without ,
that Borrow~er's consent. I
12. Loun Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the int~rest or other loan charges collected or to be collected in
connection with the ioan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
i necessary to reduce the charge to the pecmitted limit; and (b) any sums already collected from Borrower which exceeded
r permitted limits w•ill be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
~ partial prepayment without any prepayment charge under the Note.
E 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable law•s has the effect of
rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its aption,
may require immedia~e payment in ful! of aii sums secured 'oy this Src:uriiy i~~siruii;cnt a;~d ~nay ;nvoke ary rzrnzdi..~
f ~rmitted by paragraph 19. If Lender exercises this option, Lender shal) take the steps specified in the second paragraph of
~ paragraph 17.
` 14. \otices. Any notice te Borrower provided for in this Secu:ity Instrument shall be given by delivering it or by
mailing it b}~ first class rnail unless applicable law requires use of another method. The notice shall be directed ta the
~ Yroperty Address or an}~ other address Borrower designaies by notice to Lender. Any notice to Lender shall be gi~~en by
_ first class mail to l.ender's address stated herzin or any other address Lender designates by notice ro Borrow~er. any notice
~ pro~ided for in this Securit} Instrument shall be deemed to have been given to Borrow~er or Lender w~hen given as provided
r in this paragraph.
° 15. Governing Law~; Severability. This Security Instrument shall be governed by federal law and the law of the
~ jurisdiction in w~hich the Property is located. In the event that any prevision or clause of this Security Instrument or the
~ tiote conflicts ~~ith applicable law, such conflict shall not afTect other provisions of this Secu:it}' Instrument or the Note
q «h+ch can be gi~•en etTect w~ithout the conflicting provision. To this end the provisions of this Security Instrument and the
~ tiote are declared to be severable.
t 16. Borrower's Copy. Borrower shall ce gi~•en one conformed cop}~ of the Note and ot this Securit}~ Instrument.
~ l7. Transfer of the Propert}~ or a Beneficial Interest in Borrower. If all or anp part of the Property or an~~
interest in it is sold or transferred (or if a beneficial interest in Borrow~er is sold or transferred and Borrower is not a natural
~ ~rson) without Lender's prior w•ritten consent, Lender ma}•, at its option, require immediate pay~ment in full of all sums
; secured b}~ this Securit~~ fnstrument. How~ever, this option shall nor be exercised b}~ L~nder if e~ercise is prohibited b}~
' federal law as of the date of this Szcurit}~ Instrument.
lC Lender esercises thi5 option, Lender shall give Borrow~er notice of acceteration. The n~tice shall pro~ ide a pe~ ic~d
o! not le~s than 30 da}s from th~ date the notice is delivered or mailed ~~~ithin which Borrow~er mi?st pa}~ ali sums secured b~~
thiti Securit} Instrument. If Borrow~er fails to pay these sums prior to the expiration of this period, Lender ma}~ im~oke an}•
remediet ~rmitted by~ thit Securit}~ Instrument w~ithout further notice or demand on Borrow~er.
18. Borrow~er's Right to Reinstate. If Borrow~er meets certain conditions, Borrow~er shall ha~•e the nght to ha~e I~
enforcement c~f this Securit~~ Instrument cliscontinued at an}~ time prior to the earlier of: (a) 5 days (or such other period as '
ap~lie:ablz la~ti~ ma~ specif}~ f~r reinstatement) before saie of the Property pursuant to anp ~ow~er of sale contained in this
Securit~ lntitrument or (b) entr}• of a judgment enforcing this Sec:urity Instrument. Those conditions are that Borrower:
(a) pa~~. Lender all sums Hhich then ~ould be due under this Security Instrument and the Note had no acceleration
f o::curred; (b) cure~ an}• default of anti• other co~~enants or agreements; (c) pays all expenses incurred in enforcing this
Security (nstrument, including, but n~t limited to, reasonable attorneys' fees; and (d) takes such action as Lender ma}~
rea~{~nahl~ require t~~ assure that the lien ~f this Security Instrument, Lender's nghts in the Property and Bore.~u•er's
oblig~ti~n t~ pa~ the sums secured b~~ this Securit}~ Instrument snall continue unchanged. [,'~n reinstatement ~y
B~rro«er, th~s Securit} lnst: ument and the obligations,ecured hereb}~ shall remain fully effective as if no acceleration had
cxcurred. Hrn.e•er, this right to reinstate shall not apph~ in the case ofacceleration under paragraphs 13 or 17.
`~z ~43 Y~~~ 944
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