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HomeMy WebLinkAbout0917 --a°- ~~~*p~vP ~n~urance ~s a condition of making thc loan secur~d by this Seti:urity Instrument, ftorrower sha~I the prem~ums requ~rea to rua~,i~a~,, ~ - insurance term~nates :n accordance with Borrower's and Lender's wntten agreement or applicable law. 8. Inspection. Lender or its age~t may mak~ reasonable entries upon and insprctions of the Prop~rty. Lender shall give Borrower notice at the t~me of or prior to an inspcction specifying r~asonable eause for the inspection. 9. Condemnation. The procetds of any awarc3 or claim for damages, direct or conscquential, in connection with any condemnation or other taking of any part of the Praperty, or for conveyance in ]ieu of condemnation, are hereby assigned and sha11 be paid to Lender. In tbe event of a total taking of the Property, the procetds shall be applicd to the sums securcd by this Security Instrument, whether or not thcn due, with any excess paid to Borro~ver. In the event of a partial taking of the Property, unless Borrower and L~nder otherwise agree in wnting, the sums se.:ured by this Secunty Instrument shall tx reduced by the amount of the proceeds muitiplicd by the fotlowing fraction: (a) [he total amount of the sums serured immediately before the taking, divided by (b) the fair market value of the Propert~• immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice b~~ L,ender to Borrower that the condemnor oRtrs to make an award or settle a claim for damages, Borrower fails to respond to I,e~der w~thin 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its uption, either to restoration or repair of the Property or to the sums sec:?red by this Security Instrument, whether or not then due. Unless Ler:der and Bonower otherwise agree in writing, any application of procecds to principal shall not extend or postpone the di~r date of the monthly pa~~ments r~ferred to in paragraphs 1 and 2 or change the a.mount of such payments. 1C. Borrawer Not Released; Forbearance By Lender Not a Wairer. Eatension of the time for paymcnt or modification c~ smortization of the sums secured by this Security Instrument granted by Lender to any successor in interrt of ~r;ower shall not operate to release the liability of the original Borrower or Bonower's successors in interest. Lcnder sha?i not be required to commenct proceedings against any successor in inierest or refuse to eztend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by re~son of any demand made by the original Borrower or Bonower's successors in interest. Any forbearance by I.ender in esercising any right or remedy ' shall not be a waiver of or preclude the exercise of any right or remedy. ll. Successors and ??ssigns Bouad; Joint and Several Liability; Co-signers. The covenants and agrcements of , thi~ Security Instrument shall bii~d and benefit the suce.~ssors and assigns of Lender and Borrower, subject to the provisions of paragraph t 7. $orrower's covenants and agreements shall be joint and several. Any Bonower who casigns this Security Instrument but does not execute the Note: (a) is co-signing this Security Instniment only to mortgage, grant and convey ihat I3orrower's interest in the Property under the terms of this Security Instrument; (b) is no~ personall~~ obligated to pay the sums secured by this Security Instrument; and (c) agr:es that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this S~curity Instrument or the Note without i that Borrower's consent. 12. Loan Charges, 1f the loan secured by this Security Insirumeni is subjeci to a law which sets mazimum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be r~duced by the ar.iount ncc~ssary to reduce the charge to the permitted limit; and (b) any sums already collected from $orrower which exceeded permitted limits w~ill be refunded to Borrower. L.ender may choose to make this refund by reducing the princtpa) owed under the Note or by making a direct payment to Borrower. If a refun~ reduces principal, the reduction wil] be treated as a partial prepayment without any prepaymeni charge nnder the Note. 13. Le~slation Affeeting Lender's Rights. If enactment or ezpiration of applicable laws has the efi'ect of rendering any provision of ihe Note or this Security Instrument uaenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument ana may invoke any remedies permitted b}' paragraph 19. If Lender exercises this option, Lender shal? take the steps spe:ified in the second paragraph of paragraph 17. 14. tiotices, Any~ notice to Borrower provided for in ihis Security Instrument shall be given by dtlivering it or by mailing it by first class mail unltss applicable iaw requires use of another method. The notice shal! be dirccted to ?he Property Address or any other address Borrower designates by notice to Lender. Any notice to L,ender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrowe:. Any notice pro~~ided for in this Security Instrument shall be dcemed to have been given to Borrower or Lender when given as pro~ided in this paragraph. 15. Governing Law; Seiersbility. This SecLrity Instrument shall be governed by federal law and the law of the jurisaiction in which the Property is located. In the event that any pravision or clause of this Security Instrument br the ~Jote conr7icts with applicable law, such conflict shall not affect other provisions of this Securit~~ Instrument or the Note which ean be given effect withouc the conflicting provision. To this end the provisions of this Seeurity lnstrument and the ?~ete are declared to be severabie. 16. Borrower's Copy. Borroa•er shall be given one conformed copy~ of ihe ?v'ote and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in BorroWer. If all cr any pa:~t of the Property or any interest in it is sold or transfened (or ;f a beneficial interest in Borrower is sold or transfened and Borrow•er is not a natural person) without Lender's prior written consent, Lender may, at its option, require ~mmediate payment in full of all sums secured by this Secunty Instrument. However, this option shall nor be e;ercised by Lender if exercise is prohi~ited by federal law as of the date of this Securitv instrument. If Lender exer:is~ !his option, Lende* shall give Borrowe.* notice of acccleration. The notice shall provide a period of r.ot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior io the expiration of this pe:iod, Lender may invoke any~ remedies permitted by this Security Instrument ~vithout further notice or demand on Borrower. 18. Borrower's ~ight to Reinstate. If Bonower rneets certain'conditions, Borrowcr shall have the right to have enforcement of this Securit}~ Instrument discontinued at any time prior to che earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pvrsuant to any pcwer of sale contained in th~s Secunty lnstrument; or (b) entry uf a judgment enforci~g this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurreci in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes sach action as Lender mav reasonabiy require to ass~re that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Securitv Instrument and the obiigations secured hereby shall remain fully effective as if no acceleration had occurred. Hoaever, th~s right to reinstate shall not apply ~n the case of acceleration under paragraphs 13 or 17. ' f 3'J ~M ~~~:c j L ~ „ .o.. _ . ~