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HomeMy WebLinkAbout0936 ~ if Lender re+quirod moFtgage insurana as s oonditic~n of malcing the loan secured by this 5ecujity Instrument. Borrower sh~ll pay the preauums requ~rod to maintain the insuranoe in dfoct nncil such time as the r~quirement for the insurance terminates in aa.ordsnce writh Borro~rar'a and i.ender's wrritsen sgeecncnt or spplicsbk law. , S. Ist~cHo~. Lender or its ageat msy malce ra~onabk antries upon and inspoctions of the Property. Laider ; shall ~ive Borrower notioe at the time af or prior to an inspoction spxifying reasanabk cause for the inspection. 9. Coide~~atio~. 'I'be prooeeds of any award or clsim for damages. diroct or consoquential. in connection with any candemnation or otbtr taking of any part of th~ Praperty. or for conveyance in lieu of condemnaCan. are hereby assignod ~nd shaU be paid to La~der. In tbe eveat of a total taking of the Property. the prooeods shall be applied to the sums secured by this Security Instrument. whether or not then due, with any eaass paid to Bornower. In the event of a partial taking of the Property, untess Borrow?tr u~d Lender otberwix agroe in writing~ tbe sums socurod by this Security Instrument shali be roducod by the amount of the prooeods multipGed by ihe f~llowing fraction: (a) the total amount of the sums secured immodiately "before the taking. div:ded by (b) the fair market value af the Property im~nedintely bsforz the taking. Any b~lance ~hafl be paid to Bomowtr. If tht Property is abaadoned by Borrower, or J. aRer rwtice by I,~der to Borrower that the condemnor o~ers to msk~ xn award or sttde a claim for damag~s, Borrewer fails to rapond to I.ender within 30 days after the date the notice is pµvea, I.ecidu is authorized to ooUect and apply the procoods. at its option. either to restoration or rtpair of the Property or to the sums secured by this Socurity Instrument, whether or nat then due. Unles,t Leader and Borrowet otherwise agra ia writing, any apFGcation of procxods to principal shall not extend ar postpone the due date of the moathly payma~ts refernd to in paragraphs 1 and 2 or changc the amount of such payments. 10. Borrower Not Reka~ Forbesra~cs By I.eader Not a Wai~a. Exsension of the time for paymrnt or modification of asno~tiuation of the swns socured by this Secwity Instrumrnt grantod by Lender to any successor in interest of Borrower shall nai operate to nlease the tiability of t6e original Bvcrower os Borsowes's succes.4ors in interest. Leader sl~all not be required to commauce proceodings against any successor in interest or refuse to eatend time for payment or otherwise modify amortization of the suros socwod by this Security Instrumrnt by reason of any demand made by the original Hosrower or Homower's successors en interest. My forbcarancc by Ltnder in exercuing any : ight o: remody shall not be a waiver of or prtclude th~ ~acercisa of any right or remedy. , 11. S~mrs and A~s Boued; Joint ~nd Se~er~al I3sbility , Co-si~s. Tht covenants and agreemcnts of this Socurity Instnunent shaU bind and benefit the suaxssors and assigns of Lender and'Borrower, subject to the provisions of pamgraph 17. Borrower's covrnants and agrcements shsll be joint and several. Any Borrower wha oo-signs this Security Instrument but does not exocute the Note: (a) i~ co-signing this Security Instrumecit only to mortgage, grant and convey that Borroaer's interest in the Property under the tains of this Socurity Instramrnt; (b) is not personally obligatod to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agrce to eatend. modify, forbear or make any aocammodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. I,o~ C6arges. If tho loan secwod by this Security Instrumcnt is subjoct to a law which sets maximum loan charges, and that law is finally interpret~d so that the interest or othtr loan charges collected ~r to be collected in connoction wit~ the loan exceed the permittad ~imits, thrn: (a) any such loan charge shall be roducod by the amount necessary to reduce the charge tc~ the permitted limit; and (b) any sums alrrady collxted fram Bonower which exceod~d permitted limits will be rcfunded to Horrower. Lender may choose to make this refund by reducing the principal owod F under the Note or by making a direct payment to Borrower. If a refund reduces principal. the roduction will be treated as a ~ Qartial urepaym :nt without any prep~ymrnt charge under the Note. 13. I.egislatlon Attating Lenda's Rig6b. If enactment or expiration of spplicable iaws has the effect of rendering any provision of the Note or this Seeurity :nstrument unsnforceable according to its terms, Lend~c, at its option, may roquire immediate payment in full of all sums secured by this Security Instrument and may invoke any remodies permitted by paragraph 19. If Lender exercises this option. Lender shall take the steps spxi6ed in the second paragraph of paragraph 17. ~ ~ 14. Nodees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by ~ mailing it by first class mail ualess applicable law roqnires use of another method. The notice shall be dirocted to the ~ Property Address or any other address Horrower designates by notice to I.ender. Any noti~;e to I.ender shall be given by ~ first cla~ cnail to Lender's address stated herein or any other address Lender designates hy notice to 8onower. Any notice providtd for in this Security Instrumrnt shall be dermed to have bcen given to Bc,rrower or Lender whzn given as provided ~n this paragraph. ls. Gooerning Lw; Se~enbility. This Security Instrument shall be governed by federal law and the law of the jarisdiction in which the Property is located. In the event that any pr+ovision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not ad'oct other provisions of ttiis Security Instrument or the Note which can be given effect withoLt the con8icting provision. To ehis end the provisions of this Security Instrument and tt~e Notc are declared to be severa~ble. 16. Borrowa's Copy. Borrower shall be given one conformed copy of the Note and of this Ser_urity Instrument. 17. Tranafer o! dee Fraperty or : HeaeBciai Interest io Borrower. If all or any part of the ProQerty or any interest in ;t is sold or trarsferrod (or if a beneficial inurr.~t in Borcower is s~ld or transferred and Borrower is not a natural person) without Ler,3er's prior wr~tten consa~t, ~Lenckr may, at iu option, require immediate paymcnt in fuil of all sums secured by this :~ecurity Instrument: However, this option shall not be ~aerciscd by Lender if er~ercise is prohibited by ~ foderal law as of the dau oithis Sa:urity Instrument. ~ ii Lender eaercises tnis option. Lrnder shali ~pve F3ortower nouce oi acceleration. The notice shall provide a period ~ of not less than 30 days from the date the notive is d_livered or mailed within which Borrower must pay all sums secured by this Security Instniment. If Barrower fails to pay ihese sums prior to the expiration of this period, Lender may invoke any ; remcdies pe!~iitted by Lhis Security Instnsment without fur:htr notice or demand on Borrower. 1$. Horrowet's I~ig6t to Relsstate. If Borrower mects certain conditions, Borrower shail have the right to have ~ enforcement of ihis Socurity Instrumrnt discc;ntin~od at any time prior to the earlier of: (a) S days (or such other period as applicabie law may spocify for ranstatement) bcfore sale of the Property pursuant to any power of sale containod in~this Sxurity Instrumer.t; or (b) entry of a judgmrnt en6orcing this Security Instrument. ?hose conditions are that Hc~rrower: (a) pays Lend~r all sums wh'sch t~tn would be due cnder this Sxurity Instrumcnt .and th~ Note had no a:.celeration occurrod; (b) cures any dcfault of any other covenants or agreemenis; (c) pays all exprnses incusred in enforcing this 5ecurity lnstrument, including, but not iimitod to. raasonabk attorneys' foa; and (d) takes such action as Lcnd~r may reasonably roquire to assure that the lien af this Socurity Ir~stroment, Lendar's rights in the Property and Borrower's ~ obligation to pay the sums securod by this Security instrament ~ shall continue unchangai. Upon reinstatement by Borrowsr, this Security Instrumtnt ~nd tht obligations stcured hereby shall remsin ~u~ly e6'ective as if no acceleration had occurrd. Howeva, this right to ranstate shall not apply in the case of accekration under paragr~..phs 13 or 17. ' aoo~ 5t,7~ PacE _ . . _ _ ~ - _ -