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HomeMy WebLinkAbout0932 Any anuwnt~ Ji.burar~ by LenJer unJer thia paragraph 7~hall becAme a~ditiun:~l JeM ~~f &?rr~w~r ,ecureJ by thi. S~ruri~y Inuruh~~. Unlea~ &xruwer a~xi Lernier agree to ~xher terrris uf p~ay~ent, thex a~ixwnts shali bc;ar interest f~ ~xn Jatc uf Ji.bur.rnx;nt ~ a~ the id~~te rate aixi shall he nayable. with interest, upon notice from L.ender to &>rrower reque~ip~.~ ent. •.,~1 1; ~ ~ I f I xnder requir e d mortgage insurance aa a con dition u f ma king t he loan secure d by t hi~ S ecuriry Instrument. B l~ A~ i?6?~ lr , h~ l l pay tt~ premiums required ta mainwin the ir~surarxe in ef~fert until suc;h time as the reyuirement for the imuranc.r terminates in :KCOr~ia~xe with Bc~rrowe~'s and l.ender's written agreement ar a~plirable law. 8. lnspeclion. L.encler or its agent may make reasonabte ~ntries upo~ and inspections of the Pmpeny. Lcn~kr.h~ll givc &~rruwer notire at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Co~demn~?tjon. Tt~ proreeds of any award or claim for damages, direct ur eonsequential, in connecti~~n with any ~orxiemnation ,vh~~ ~al~~na ~f A~y ~n nf ~he Pr~neNV_ nr fnr conveyance in lieu of condemnation, are hereby assigned anJ sh:,ll be paid to Lencier. In the eveni of a total taking of the Property, the proceeds shall be applied to the sums secureci by thia Security Instrument, whether or not then due, with any excess paid t~~ Borrower. tn the event oi a partial taking of the Property, unless Born~wer and l.ender cxherwise agree in writing, the sum~ secured by this Security Instrument shall be reciuced by the anxwnt uf the proreeeis multipliecl by the following fraction: (a) the totaf amount of the sums secured immediately before the taking, divided by 1b) the fair market value of the Property immediately befere the taking. Any balapce shall be paid to Borrower. If the Property is abandoned by Bo~rower, or if, at~er notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Barrower fails to respond to Lender within 30 dayti after the date the n~xice is givcn, Lcruler is authorized to collect and apply the proceeds, at its option, either to restoration ar repair of the Property or to the sums sec:urc~i by this Security lnstn?ment, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds te principal shall ncx extend or postpone the due date of the monthly payments referred to in paragraphs ~ and 2 or change the amount of such payments. 10. Borrnwer Not Released; Forbearance By I.ender Not a VI'aiver. Extension of the time for paymem o~ rrtodificatiot? of :~mortization of the sums secured by this Security Instrument granted by Lender to any successor in interest af Borrower-stwl4 txiC uperate to release the liability of the original Borcower or Sorrower's successors in interest. Lender shall not be ~qui~t21 to cc~mmence proceedings againu any succec~or in interest or refuse to extend time for payment or otherwise modify amortization uf the~ sums secured by this Security [nstrument by reason of any demand made by the original Borrower or Bormwer's successors in interesi. Any fixbearance , by L.ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or rcmedy. l l. Successors and Assigns Bound; Joint and Several ~.iability; Co-signers. The covendnts and agreemepts of this Security Instrument shail bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17_ Borrower'ti covenants and agreemen~s shall be joint and several. Any Borrower who co-signs this Security tnstrument but dce~ not ezecute the tiote: (a) is co-signing this Security Instrument only ta mortgage, grant and convey that Borrower'~ interest in the Property under 3 the terms of this Security Instrumeor, (b) is not personally obligated to pay the sums secured by this Security Instrument: anci (c) agrees that Lender and any other Borrawer may agree to extend, modify, forbear or make any accommociations with regard ro the ? terms of this Security lnswment or the Nute without that Borrower's consent. ' l2. i.ean Chsrges. if the loan secured by this Security Instrument is subject to a law which sets maximum I~rn charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitteJ limit; and (b) any sums already collected from Borrower which exceeded permitted lirr~its will be refunded to Borrower. Lender may rhoose to make this refund by reducing the principal owed uncler the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation AfYecting I.ender's Rights. Lf enactment or expiratiun of applicable laws has thc effect of rendering any provitiion of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, may reyuire immediate payment in full of all sums secured by this Securiry [nstrument and may invoke aRy remeclies permitted by paragraph 19. If Lender exercises this option, l.ender sFiall~ take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security lnstrument shall be given by delivering it ~~r by mailing it ; by first class mail unless applicable law requires u.se of another method. The notice shall be directed to the Property Addre~s or ~ny other address Borrower designates by naice to Lender. Any naice to Lender shall be given by first class mail to Lender's address " .rated herein or anv cuher addres~ Lender designates by no[ice to Borrower. Any notice provided for in this Security lnstrument ~hall s t~ deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law anci the law of the juriuliction ~ in which the Property is located. In the event that any provision or clause of this Security Instrument or the Nexe cunflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect withewt the conflicting ~ provision. To this end the provisions of this Security Instrument and the Note are deciared to be severable. ~ 16. Borrower's Copy. Borr~wer shall be given one conformed copy of the Note and of this Security fn1trument. s 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or tranferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender'ti prior written consent, Lender may, at its option, require immediate payment in full of al) sums secured by this Serurity Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrurr~nt. ' If Lender exercises this option, Lender shall give Borrower flotice of acceleration. The naice shall provide a pericxl of not ~ less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security ~ ~nstrument. lf Borrower fails to pay these 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 Reir~state. [f Borrower meets certain conditions. Borrower shall have the right to have enforcement ~ of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may y specify for reinstatement) before sale of the Propeny pursuant to any power of sale contained in this Security lnstrument; ar (b) entry € of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would % be due under this Security Instrument and the Note had no acceleration occurred: (b) cur~s any default of any other covenants ar S ~ agreements; (c) pays all expenses incurred in e~farcing this Security Instrument, including, but not (imited to, reasonable attorneys' ' ~ ~ees; and (d) takes such action as L.ender may reasonabty require to assure that the lien of this Security Instrument, l.cnder's rights ' ~ in ihe Property and Borrower's obligation to pay the sums secured by this Security ln~trument sha~l continue unchanged. Upon t reinuatement by Barcower, this Security Instrument and the obligations secured hereby shall remain fulty effective as if no acreleration ~ ~ had occurred. However, this right to reinstate shall not apply in the ca.tie of acceleration under paragraphs 13 or 17. ~ af»K 4~`~3 Pa~E y:~(j ~ ._.~..,Y ~_~ti.~. _ . _ ,