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HomeMy WebLinkAbout0975 . ~ ~ . ~ ~ • : J • 1f Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Barrower shall pay the premiums required to maintain th~ insurance in effect until such time as the requirement for the insurance terminates in accorclance with Borrowet's and I.onder's written agrcemen r applicable law. 8. Inapection. Lender or its agent may make reasonable entries upon and spections of the Property. Lender shall give Bonower noiice at the time of or prior to an inspection specifying re~sonable se for the inspection. 9. Coademnatioa. The proceeds of any award or ciaim for damages. direct consequential, in connection with any condemnation or othcr taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and sh~ll be paid to L.ender. , In the event oC a total taking of th~ Property, the proceeds shail be applied to the sums secured by this Security InstNment, whether or not then due, with any excess paid to Borrower. ln the evcnt of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the procetds multiplied by the following tl~action: (a) the total amount of the sums securzd immediately before the taking. divided by (b) the fair market value of the Property immediatety before the taking. Any b~ance shall be paid to Bonower. If the Property is abandoned by Bottower. or if, after notice by Lender to Bo*rower that the condemnor oRers to make an award or seitle a claim for damages, Barrower fails to respond to Lender within 30 days after the dat~ the notice is given, Lender is suthorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this 5ecurity 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 r~fenai to in paragraphs 1 and 2 or change the ~mount of such payments. 10. Borrower Not Released; Forbeannce By Lender Not a Waiver. Extension of the time for payment or modi6cation of amortization of the sums secure~i by this Security Instrument granted by Lender to any successor in interest of Bonower shal~ not operate to release the liability of the original Borrower or Bonower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ' 11. Successors and Assigas Bound; Joint aad Sereral LiabilIty; Co-si~ers. The covenants and agroements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borcower, 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 dces not eaecute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Bonower's interest in the Property under the terms otthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that I.ender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Sscurity !nstrument is subject to a law which sets maximum 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 reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which excxeded permitted limits will be refunded to Bonower. L,ender 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, ihe reduction will be treated as a partial prepayment without any prepayment charge under the Note. l3. Lepslation AfTecting I.eader's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permit~ by paragraph 19. If Lender exercises this option, Lender shall take the steps sperified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borr.ower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class maii unless applicable law requires use of another method. The notice shall be directed to the g Property Address or any other address Borrower designates by notic~ to Lender. Any notice ro Lender shall be given by ~ first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice ~ provided for in this Security Instrument shail be deemed to have been given to Bonower or Lender when given as provided ~ in this paragraph. ~ 15. Governing I.aw; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any pro~~ision or clause of this Security Instrument or the ~ Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Not~ j ~ which can be given etfect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ ~ Note are declared to be severable. ~ 16. Borrorser's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. ~ 17. Transfer of the Property or a Beneficixl Interest in Borrower. If all or any part of the Property or any ~ interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and ~3orrower is not a natural c~ person} without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums ~ secured by this Security Instrument. However, this option shall not be ezercised by I.ender if exercise is prohibited by ~ t'ederal law as of the date of this Security Instrument. ~ ' If Lender ezercises this option, L.ender shall give Borrower notice of acceleration. The notice shall provide a period of not less ihan 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 to the expiration of this period, I.ender may invoke any remedies permitted by this Security Instrucrient without further notice or demand on Bonower. 18. Borrower's Right to Reinsts~te. If Borrower meets certain conditions, Bonower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such oiher period as ; applicaule law may spec~fy for reinstatement) before sale of the Property pursuant to any power of sale contained in this ~ Security instrument; or (b) entry of a judgment enforcing tnis 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 ~ occuned; (b) cures any default of any other covenants or agreements; (c) pays all eapenses incurred in enforcing this ~ Sec~rity Instrument, including, but not limited to, reasonabie attorneys' fees; and (d) takes such action as L,ender may reasanably require to assure that the lien of this Socurity Instrument, L.ender's rights in the Property and Borrower's Y obligation to Fay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borcower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had ~ occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. ~ " ~O~t1K ~!!Gf ~ ~ ~ ~ ~ _ . - ~ - ' ~ _