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HomeMy WebLinkAbout0960 !f 1_rnJer reyuired m~~rigagr insuran~e as a condition of making the loan secured by this Serurity Instrument, 13~~rr~~~~rr ,h:il~ ra~ the premiums reyuired to maintain the insurance in eflect until such time as the requirement for the intiur:+n~r terminatr~ in :ircurda~ice ~~~ith Borraw~er's and Lender's written agreement or applirablr law. 8. Inspection. L~nder or its agent may~ make ressonable entries upon and inspertions of the Property. Lender ~h.il~ gi~e k3urm~~er nutir~ at the time ofor prior to an inspection specifying reasunable ca~se for the inspection. 9, Condemnation. Thr pra;reds of any award or claim for damagc~, direct or consequential, in connection with an~ r~m~lrmnati~~n e~r e~thrr t~?king of~ an~~ part of' the Property, or for ron~•eyance in lieu of condemnation, are hereby a~~iEnr~i .in~1 tih:ill hr paid t~~ Lrnder. In thr e~~nt i~f ~ total taking ot' thr Yruperly, the pr~xeeds shall br applied to the sums secured by this Security tn,irument, ~~hrther ar noi then due, with any excess paid to Borrow•er. !n the event of a partial taking of the Property, unle.. Burm~~rr and Lender utherw~ise agree in w~riting, the sums serured by this Security Instrument shall be reduced by tfir amuunt ~~r ~n~ pnxerds multiplied b}• the follow~ing fraction: (a) the total amount of the sums secured immediately hctur~ the taking, :1~~ ~ded by (b) the fair market ~~alue of the Property immediately before the taking. Any balance shall be ~at~! t~~ BurruHer. If the Prurert~ is abandoned b~• BorroNer, or iP, after notice by Lender to Borrower thai the condemnor otl'ers to makr .+n a~~ ard ~~r uttle a clsim for damage~, Borrow~er fails to rc~pond ro Lender w•ithin 30 days after the date the notice is gi~ en, Lcnder is authorized t~~ collect and apply the proceeds, at its option, either ro resteration or repair of the Property or - tc~ the ~urn~ terur~d b~ this Security lnstrument, whether or not then due. l'nless L~nder and Borrower otherw~ise agree in w•riting, any application of proceeds to principal shall not extend or ~.~~t~c~ne thc dur date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. lU. Borrower ~ot Released; Forbearance By Lender Not a~~'aiver. Extension of the time for payment or mcxiifi~atiun ol~ amurtization of the sums secured b}~ this Security Instrument granted by Lender to any successor in intrre,t uf Borrow•er shall not operate to release the liability of the original Bormwer or Borrower's successors in interest_ Lend~r shall not h~ rryuired to rommence proceedings against any successor in interest or refuse to extend time for pay ment ~~r uthcr~~ ise mociif~ amortization of the sums secured by this Security Instrument by reason of any demand made h~~ t he original Borrow er or Borrow~er's successors in interest. Any forbearance b~~ Lender in exercising any right or remedy tihall not be a~vai~ er of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The co~~enants and agreements of thiti Securit}~ Instrument shall bind and benefit the successors and assigns of Lender and Borrow~er, subje~:t to the provisions of paragraph 17. Borrc~~er's covenants and agreements shall be joint and se~~eral. Any Borrower who co-signs this Security In~trument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrow~er's intrrest in the Propert}• under the terms o(this Security Instrument; (b) is not personally obligated to pay the ~ums secured b~~ thi~ Securit}~ Instrurnent; and (c) agrees that Lender and any other Borrower may agree to extend, mod~fy, forbear or make an~ accommaiations with regard to the terms of this Security Instrument or the Note without th:tt Borrower'sconsent. 12. l.oan Charges. If the loan secured by~ this Security Instrument is subject to a law which sets maximum loan charges, and that law~ i~ finally~ interpreted so that the interest or other loan charges collected or to be collected in cunnecti~m Hith the loan exreed the permitted limits, then: (a) any such loan charge shall be reduced by the amount n~rrtisar} to redure the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perniitted limits a~ill bc: refunded to Borrower. Lender ma}~ choose to make this refund by reducing the principal owed under the \ote or b} making a direct pa}~ment to Borrow•er. If a refund reduces principal, the reduction wiil be treated as a ~artial rrepa}~ment w~ithout an~~ prepayment charge under the Note. 13. I.e~islation Affecting I,ender's Rights. If enactment or expiration of ap~licabie laws has the effect of rrndrring an~~ ~ro~ ision ~f the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, m~~ reywre immedi3te pxyment in full of all sums secured by this Security Instrument and may invoke any remedies permitted b}~ paragraph 19. If Lender exercises this opiion, Lender shall take the steps specified in the second paragraph of i ~sr.igrs~h 17. ~ 14. \otiees. An}~ ncn~ce to Borrow~er ~rovided for in this Security Irstrument shall be given by delivering it or by mailing it b} firtit ~la~ti mail unletis ap~lirable law requires use of another method. The notice shall be directed to the Yrc~~ert~ Addretiti ~~r an~~ cither address E3orrow~er designates by~ notiLe to Lender. An}~ notice to Lender shall be given by ~ firtit class m:~il to L~ndcr'ti ~?ddre~s stated herein or any other address Lender designstes by notice to Borrow•er. Any notice € ~ pru~ ~ded for in thiti Serurit~ Inltrument shall th deemed to ha~e been gi~~en to Borrow•er or Lender when given as provided i~e this paragraph. 15. GuverninR Iaw; Ser•erability~. This Securit~ Ir.strument shall be go~~erned by federal law and the law of the juri,dichcm in which the Propert}~ is Iex~ated. In the event that any provision or elause of this Security Instrument or the tic>t~ rc~nflirts ~ith applicahle law~, tuch conflict shall not af~ect other pro~isions of this Security Instrument or the Note «hich can be gi~en effect without the conflicting provision. To this end the ;±rovisions o1'this Security Instrument and the ~<~te .~r~ declared to tx tie~ erable. 16. Borror+er's Copy. Borrow~er tihall be given one conformed Gop~~ of the Note and of this Security Instrument. 17. Transfer of the Yropert}~ or a Beneficia! Interest in Borrow~er. If all or any~ part of the Propeny or any ~ interc`t in it iti tiold or transfcrred (~r if a beneficial interest in B~rrow•er is sold or transferred and Borrower is not a natural ~ ~erum) uithnut Lender;s priar ti~ritten consent, Lender may, at its option, require immediate payment in full of all sums ~ecurrd h~ thi~ Scrunt~ Instrument. H~w~e~er, thiti option shall not be exercised by Lender if exercise is prohibited by ~ f~deral la~~ ati c~f thc. datc of this Securitp Instrument. ~ If Lendrr exercitieti thir ~ption, Lender shall give Borrow~er notice of acceleration. The notice shall provide a period ~ ~~f n~~t I~,ti than ~(1 d~i}~~ fmm the datc the notice is deli~~ered or mailed within which Borrower must pay all sums secured b}~ thi. S~rurit} Intitrum~nt. !f F3c~rre~w~er fails to pay these sums prior to the expiration of this period, Lender may invoke any ~ remedieti ~ermittrd b~ this Security Instrument w•ithout further notice or demand on Borrower. ~ 18. Boerower's Ri~ht to Reinstate. If Borrower meets certain conditi~ns, Borrow~er shall have the right to have rnfe~rr~me~~t ~~f thi~ Securit} ln~trument disc~ntinued at an} time prie~r te~ the earlier c~f: (a) 5 days (or such other period as ~ ~ a~~,iirahle la~ ma~ ~pecif~~ f~~r reintitatement) before sa;e of the Pr~pert}~ rurnuan: to any power of sale contain~d in this ~ S~c~int~ In4trumrnt: ~~r (h) entr~ c~f a judgment enforring this Security Instrument. Those conditions are thai Borrower. ~ (a) ~~~ti Lender all wm~ «hich then would be due under this Security Instrument and the Note had no accelerahon ~ ~~~curr~d: (h) rureti an} defauh ~f an} other crn~enant~ or agreements, (c) pays all expenses incurred in enforcing this Srrurit} Intitrument, inrluding, but nut limited to, reas~nable attorneys' fees; and (d) takes such action as Lender may reaumahl~ reyu~re ;n ~tisure that the lien of this Securi~y~ Instrument, Lender's nghts in the Property and Borrower's ohligaticm tc~ ~.i~ t}~r wmti tierured b}~ this Security Instrument tihall continue unchanged. U~n rein~tatement by ~ Bc~rre~uer, thiti Securit} Intitrument and the ~bligatiom secured hereb} shall remain (ully effective as if no acceleration had ~~crurred. Hc~~~e~rr, thi~ right to re~ruate ~hall n~t ap~iy in the case of acceleration under paragraphs 13 or 17. ~ ;r . ~ an~ix 4~$ ~ac~f ~J~ ~m. ~ - ~ _ _ ~ ~ ~ ~ ~R' ~ ~ ; " t~ _ - ~