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HomeMy WebLinkAbout0999 in intcrest of 8orrower shall not operate to release the liability of the originel Borrower or Borrower's auccessors in interest. lender ahall not be requiced [o co~wer~co Nru~Crciings against any succeasor in interest or refuse ta•extend tiAe for pay~aent or otherwiae eodify eiwrtizatian of [he suios secured by thia Security Instru~ent by reason of any dewend 4ade by the originel BorroMer or Borrower's succeasors in intereat. My forbearance by Lender in exerciaing any right or rewedy shall ~ot be a rreiver of or preclude the exercise of any right or re~sedy. 11. Suoos~aaz~~ and Astiqis Boud; Jaint ~nd Ssvtnl Liability; Co-aiq~ara. The covenents end agreeiaenta of this Security Instru~ent shall bind end beneFit the succasaors end assigns of Lender end Borro?rer, aubject to the provisions of paragraph 17. Borrower'a covenants end agreewents ahall be ~oint end several. My Borrouer who co-signs thie Sec~rity Instruaient but does nd ezecute the Note: (e) ie co-signing this Security Instru~ent only to oortgage, grant enci convey that BorroNer's interest in the Pr~operty ~nder the ter~a of this Security Instruwent; (b) is not personally obligated to psy the suwis secured by this Security Instruwent; end (c) agrees that Lender and any other Borrower ~ay aqree to extand, ~odify, forbear or ~eke any accow~edetions with regard to the ter+~ of this Security lnstru~aent or the Note without that Borrawer's consent. 12. Lo~n Cha~~ges. lf the loan secured by this Secu:ity Inatrusent is subject to a law which seta ~eximu+~ loan chargea, ard that le~+ if finally interpreted ea thet the interest or other loan charges collected or to be collected in conneckion with thp t~A~ P~~o~ r•~-i~~~a ~f~•+~.s, then: (a) any such loan charge ahall be redu~ed by the awount necessery to reduce the charge to the per~itted limit; and (b) eny suws already col2ected Frow @arrower Mhich exceeded pera~itted lia~its ?+ill be refunded to Borro?rer. Lender mey choose to ~ake this refund by reducing the principal owed under the Nute or by ioaking s direct payWent to Horrower. If e refund reduces principal, the reduction Mill be treated as a partial prepeynent ++ithout any prepa~•nent ~arge under the Note. 13. Legislatian liffecting L~nd~er's Ri¢~ts. If enactwent or expiretion of appliceble la~s has the effect oF rendering any provisian of the Note or this Security lnstruwent unenforceable according to its terws, Lender, aC its option, may require i~ediate payaient in full of all suws sacured by thia Security Instrument end niey invoke any rew~edies pern~itted hereunder or as are perwitted at lav+ or in equity. If Lender exercises this option, lender shell teke the steps specified in the second paregraph of paragreph 17. l+. Mek3os~, My ~otice to Borrower provided for in this Security Inatrwaent shall be yiven by delivering it or by ~oailing it by first class a~ail unless applicabie le~+ requires u9e of enother method. The notice shall be directed to the Property Address or any other eddresa Borrower designates by noti~e to lender. My notice to Lender shall be given by certified firat class nieil to Lender's address steted herein or ar~ other address Lender designates by notice to Borro?ver. Any notice provided for in this Security Instrument shell be dee~ed to have bee~ given to BorroNer or Lender when given as provic~ed in this pare4reph. 15. 6overning L4; Severability. This Security Instru+oent shall be governed by federal larr and the law of the 3urisdiction in xhich the Property is located. Jn the event that arry provisim or clause of this Security Inatruaie~t or the Nate conflicts ~ith applicable laM, such rnnflict shall not affect other provisions of this Security Instruaent or tfie Note ~fiich can be given effect r+ithout the conflicting provision. To this end the provisions of this Security Instrwaent and the Notes ere declered to be severable. 16. 8orrorer's Copy. BorroNer shall be given me conformed copy af the Note and of this Security Instru~ent. 17. Trsrsfer of ths Prapesty a~ a 8enefici~l Ir~r,~# in Bosrarer. I f al l or any pert of tF~e Property or any interest in it is sold or transferred (or if a beneficial interest in Borroxer is sold or transferred by snd Borrower is no: a natural person) Nithout Lender's prior written consent~ Lender ~ay, et its optio~, require ~ ~ imnediste pay~oent in full of all suais aecured by this Security Instrwnent. HoNever; this optian shall not be exercised by Lender if exercise is prohibited by federal laM as of the date of this Security Instrument. ~ If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall ~ provide a period of not leas than 30 deys from the date the notice is delivered or ~eailed r+ithin Nhich Borcorrer must pay ali suas secured by this Security Inatru~ent. If Borrower fails to pey these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Inatrument Mithout further notice or demsnd on BorroNer. 18. Lerdei in Pape~eian. Upon acceleration under paragraph 19 or ebendonment of the Property, lender (by judicially appointed receiver) shall be entitled ta en~er up~n, take posaessim of and aienage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shell be applied first to payaie~t of the costa of management of the Property and collection of rents, including, but ~~ot limited to, receiver's fees, Qreiaiums on receiver's bonds and reasonable attorneys' Fees~ and then to the sums secured by this Security Inatrwsent. ~ 19, Accaleratia~; and Rssdies Time is of the essence hereunder. If Borro~rer defaults in.the performence or ob9ervance of any corenant or obligatian hereunder or fails to raake any payment due under the ~ote or ~ obiigation secured hereby includin~ any extension, renenai, ~nodification, or subs:itution thereof or in the event a proceeding in benkruptcy is instituted by or againat the Borrower or if the Sorroxer shall make an assigroaent ~ ~or the benefit of creditors or if the property ahich is encu~bered hereunder is placed under the control of or ~ i~ the custody of any court or if the 8orro?ver shall ebandon this property then upm the occurrence of any one or more of the foregoing the Lesxier shell have the rigt~t, at its optio~, and ?vithout affecting any rights of the ~ Lender hereunder ta declare Mithout notice, all sums secured hereby, iw~edietely due ard payeble rrhether or not ~ such defautt is subsequently reiaedied by the 8orro?+er. The Lender shell have the right to apply eny emounts r ~endered by the BorroKer to~ard any indebtedness of the BorroKer to ~he Lender and the Lender ~aey, at its option ~ also proceed to immediately foreclose this mortgsge and puraue any end all legal or equitable renedies availeble Y ~ to it and upon such foreclosure to force a sale of the property encumbered hereunder +rithout ?vaiver of any right ~ to collect a deficiency subsequent to such sale. 20. Rsl~aK. Upon paywent of ali surns secured by this Security Instrunent, Le~rder shell release this ~ Security Instruaient without charge to Borro+rer. 8orrower sheli pey er~~ recorda:im costs. ~ t ~ ~ ~ - ' k ~ j s~'~K4~0 E 999 ~J ~ ~ ~ - - - _ ~ - ~ +~~a~ ~ ~;<.a - _ ~ ~ ~ v: _ ~ ~