HomeMy WebLinkAbout0944 If Lender required mortgage insurance as a cond~t~on of mak~ng the loan secured by this Security I nstrument, 8orrower snaU
pay the premiums requi?ed to maintai~ ihe insurance in ettect unUl such hme as the r~uuerr,ent for ihe insurance terminates,n
accordance with Barower's and Lender's wntten agreement or applicable law.
8. le~sp~etbn. Lender a its agent may make reasonable entr~es upon and inspections of the Property. Lender shatl give ~
Borrower nolice at the time of or prior to an inspection specifying reasonabie cause for Ihe inspection. ,
ConcNmndion. The proceeds of any award or claim for damages, direct a consequential, m connectron with any ~
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condemnation or other taking of any part of the PropeRy, ar tor conveyance in fieu of condemnalion, are hereby assigned and shall ~
be paid to Lender.
In the event of a total taking oi the Property, the proceeds shall be applied to the sums secured by this Security Instrument.
whether or nal then due, with any excess paid to Borrower. ln the event ot a partial taking of the Property, unless Barower and
Lender otherw+se agree in wnting, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total amount of the surru secured immediatey before the taking, divided by (b) the fair
ma:ke: valus o! !he Property immed+atey be!ere the tak~ng Arry bafance shall be paid to 8urrower. _
N the Property is abandoned by Borrower, or rf, after notice by Lender to Borrower that the condemnor ofters to make an
award or settle a claim tor damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender ~s
authoraed to collect and appy the proceeds, at its option, either to resteration or repair of the Property or to the sums secured by
this Secunty 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 ihe due date of the monthly payments referred to in paragraphs 1 and 2 to change the amount of such payments.
10. Borrow~r Not Rel~as~d; Forbearanw By LendK Not a WaivK. Extension of ihe time for payment a modification
ot amortization of the sums secured tiy this Security Instrument granted by Lender to any successa in interest ot Borrowe? shall not
operate to release the liability of the original Borrower or Borrower's successas in interest. Lender shall not be required to
commence proceedings against any successor in interest arefusetoextendtimefor payment orotherwisemodiy amortizationof
the sums secured by this Securrty Instr~ment by reason e! a.^.~ ~mand made by the originai Hnrrower or Borrower's successors in
interest. Any forbearance by Lender in exerc~sing any right or remedy shalf not be a waiver of or preclude the exefcise of any right or
remedy.
11. Suceesson and Assl~ns Houn~ JoIN and SwerN Llablllty; Co-slQnKS. The covenants and agreements of this
Security Instrument shal~ 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 jaint and several. Arry Borrower who co-signs this Security
Instrument but does not execute lhe Note: (a) is co-signing this Security Insttumeni onty to mortgage, grant and convey that
Bor;ower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Securiry Instrument or the Note without that Borrower's consent.
12. Loan Ch~~es. It the loan seCUred by this Security Instrument is subjed to a iaw 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 cornection with the loan
exceed the permitted limits, then; (a} any such loan charge shalt be reduced by the amount necessary to reduce the chargetottie
permitted limit; and (b) any sums already coilected (rom Borrower which exceeded permitted limils will be refunded to Borrower.
Lender may choose to make this refund by reducing the prmcipat owed under the Noieor by making a direct payment to Borrower. If
a refund reduces principal, the reduction wili be treated as a partiai prepayment without any prepayment charge under the Note.
13. Le~blailon Affectln~ Lenders Rl~hts. if enactment or expiration of applicable laws has ihe effect ot rendering any
provision of lhe Note or this Security Instrument unenforceable according to ~ts terms. Lender, at its option, may require immediate
payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender
exerci;es this option, Lender shall take the steps specified in the second paragraph of paragraph 17.
14. NotlCes. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it ~
by f~rst class mail unless applicable law requires useot another method The notice shall be dir2ctedtothe Property Address or any
other address Borrower designates by notice to ~ende~. Any notice to Lender shall be g~ven by first class mail toLender's address ~
' stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument
~ shal! be deemed to have been given to Borrower or Lender when given as provided in this paragraph. ±
15. Governln~ Law; Stverabllltr. This Security instrument sha!I be governed by tederal {aw and the law of the s
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E ~urisdiction in which the Property is located.ln the event that any provision or clause of thss Security fnstrument or the Noteconflids ~
wi!h app!icable law, such conflict sha11 not affect other provislons of this Secunty Instrument or the Nete which can begiven effect
~ w~thout the confl~cting provision. To this end the provisions of this Securrty instrument and the Note are decla; ed to be severable. '
~ 16. Bonower's Copy. Borrower shalt be given one conformed copy of the Note and oi this Security Instrument.
~ 17. Transfer o! the Property or a Benefldd Interest In Borower. If all or any parl of the Property or any interest in it is
sold or transferred (or if a beneficiat interest in Borrower ~s sold or transferred and Borrower is r.ot a natural person) without Lender's
~ pror wntten conseni, Lender may, at its option, require immediate payment in full of all sums secured by this Securiry Instrument.
~ However, this option shall not be exercised by Lender if exerc~se is prohibited by tederal law as of the date ot this Securit~
~ Instrument. ~
If Lender exerc~ses this option. Lender shall give Borrowe! n~tice of acceleration. The notice shall provide a peri~d of not
less than 30 days from the oate the notice is delivered or mailed within which Borrower must pay ail sums secured by th~s Security
Instrument. If Borrower fa~ls to pay these sums prior to the expiration of this period, Lender may invoke any remedies pe~mitted by
~ this Secunty Instrument without further no!+ce or ~emand on Borrower.
~ 18. Borrower's RI~M to Relnstate. Ii Barower rneets certain conditions, Barower shafl have the right to have
~ entorcement of this Security Instrument discontinued at any time prior tothe ear~ier of: ( a} 5 days (or such other period as applicable
~ Iaw may specify tor re+nstatement) before sale of the Property pursuant to any power of sate contained in this Security Instrument;
~ or (b) entry of a judgment enforc~ng this Security Instrument. Those conditions arethat Borrower: (a) pays Lender all sums which
~ then would be due under ihis Security`lnstrument and the Note had no acceleration occurred: (b) cures any defautt of any other
` covenants or agreemenis; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nW 6mited to.
~ reasonable atiorney's fees: and takes such action as Lender may reasonaWy require to 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 shal!
~ continue unchanged. Upon reinstatement by Borrower, this Security Insirument and the obligations secured hereby shall remain
~ iuliy ef~ective as rf no acceieration had occurred. However, thi; right to reinstate shail nai appty in ths case of acceleration under
~ paragraphs 13 or 17.
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