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HomeMy WebLinkAbout0959 a . ~ If Lender required mortgage insurance as a co~dition of making the loan secured by this Se~:urity Instrument, Burro~er shall pa~~ the premiums required to maintain the insurance in eftect until such time as the requirement for the insurance terminatrs in accordance w~ith Borrow~et's and Lender's written agreement or applicable law. S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender i shall gi.•e Burr~,w~er notice at the time of or priar to an inspection specifying reasonable cause for the inspec.tion. 9. Condemnation. The prckeeds ot~ an~~ award or claim for damages, dire~t or consequential, in ronnection w•ith any condemnation or other taking of an}~ part of the Property, or for ronve~•ance in lieu of condemnation, are hereby assi~;ned and shall be paid to Lender. ' In the e~~ent of a total taking of the Propert}•, the proceeds shall be applied to the sums secured by this ScYUrity ~ 1nstNment, w~hether or not then due, w~~th any excess paid to Borrower. In ihe e~ent of a pa~tial taking of the Property, ; unle,s Borrow•er and Lender otherwise agree in writing, the sums secured by this Se~:urity Instrument shall be reduced b}~ ~ the amount of the proceeds multiplied bp the following fraction: (a) the total amaunt of the sums secured immediately bf~Or.~ rF,._ tal•ln,n ~ . ~ _ ~':4a - ; ~~`f.-_ :t- • ~ s " 1 p. . ~ j~ _s.i :.c:: .,..~:F:a S'1: C i:i ~i.., v~~~i j~ inu~~::u:ui~i~ i~~~iiC iul' liii~iil~. l1i~y Duiiil'iC2 ~Iidii uc ~ paid tv norrow•er. lf the Froperty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to rn~ke ar, aw~ard or settle a claim for damages. Borrower fails to respond to Lender H•ithin 30 days after the date the notice is given, Lender is authorized to collect and appl}• the prcxeeds, at its option, either to restoration or repair of the Property or te~ t he surr.s secured by this Security Instrument, whether or not then due. Llnless Lender and Borrow•er otherwise agree in writing, an}• application of proceeds to principal shall not ertend or postpcme the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower 1ot Released; Forbearance By Lender Not a Wai~er. Extension of the time for payment or modification of amortization of the sums secured by this Serurity Instrument granted by~ Lender to any successor in inrerest of Borrouer shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence pra:eedings against any succestiar in interest or refuse to extend time for pay~ment or otherw ise mcxiif}~ amortization of the sums secured by this Securih~ Instrument by reason of any demand made by the original EorroK•er or Borrow•er's successors in interest. Any forbearanre b~~ Lender in exercising any right or remedy shall not be a w•aiver of or preclude the exercise of any~ right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the succes~rs and assiens of Lender and F3orrower, suh~ect tn thP nrnviciqng 3 of paragraph 17. Borrow~er's co~•enants and agreements shall be joint and se~~eral. Any Borrower who co-signs this Security ~ Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and conve~~ * that Borrower's interest in ihe Propert~~ under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured b~~ this Securit}~ Instrument; and (c) agrees that Lender and any other Borrower may a~ree to extend, modify, forbear or make an} accommodations with regard to the terms of this Secunty Instrument or the Note without = that Borrower's consent. • 12. Loan Charges. [f the loan secured b~• this Security Instrument is subject to a law w~hich 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 w~ith the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced b}• the amount ' necessar}- to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded ; permitted limits w~ill be refunded to Borrow~er. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to I3orrower. If a refund reduces principal, the reduction will be treated as a ' partial prepayment without any prepayment charge under the Note. ; ~ 13. Legislation AfTecting Lender'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, ~ f may require immediate pa}~ment in full of all sums secured by this Securit~• Instrument and may im~oke any remedies ~ permitted by paragraph 19. If Lender exercises this option, Lender shaU take the steps specified in the second paragraph of ~ paragraRh 17. ~ ~ 14. Notices. Any notice to Borrow~er pro~~ided for in this Securit}• Instrument shall be given by delivering it or by ~ ~ mailing it by first class mail unless applicable law~ requires use of another method. The notice shall be directed to the ~ ~ Property Address or any~ other address Borrow•er designates by notice to Lender. Any notice to Lender shall be gi~•en b~~ ~ first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. An~- notice pro~ided for in this Securit}~ Instrument shall be deemed to have been given t~ Borro«~er or Lender when given as provided ~ in this paragraph. . _ ~ I5. Governing Law; Severability. This Securit}• Instrument shall be g,u~erned by federal law and the law of the -0 jurisdiction in w~hich the Property is located. In the event that any pra~•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 Note - which can be given effect without the conflicting provision. To this end the provisions of this Security Instrurnent and the ~ tiote ar~ declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Securit}• Instrument. _ ~ ii. lransfer oi the Yroperty or a Keneficial 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 Borrower is not a natural ~ 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 exercised b}~ Lender if exercise is proh~bited by federal law as of the date of this Security Instrument. _ If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or maile.~i within which Borrower must pay all sums secured by f this Security Instrument. If Borrower fails to pay tFese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets cenain conditions, Borrower shall have the right to have - enforcement of rhis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ° applicaofe law• may spec~fy for reinstateroent) before sale of the Property pursuant to any power of sale contained in this ~ Security instrutnent; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: ~ (a) pay~s 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 incurred in enforcing this ~ Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as I.ender may reasonably require t~ assure 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 Security Instrument and the obligations secured hereby shall remain fully efi'ective as if no acceleration had occurred. Howe~~er, this right to reinstate shall not apply in the ca~e of acceleration under paragraphs 13 or 17. _ ~ iY ~ ao~c ~ gsc~ ~ ~ , - 5~ "a ~ ~ ~a~~~~~,:~i-;~.~`"~" ,t° .'y`"c .F'~ ~ n~,