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HomeMy WebLinkAbout0944 Any am~wnts disbursed by Lender urxie~ this paragraph 7~t~ll brx~un~ additiunai Jebt of &~r~uwer ,e~u~eJ by Ihi~ Securi~y lnstrument. Unless &~ROwer and t.erxier :~gre~ to uther term+ oF payr~ent, thek anxwnt, +hall brar intcr~t frqm the date ui (ti~~i~~+enkm i at the iVote ~ate and shall be payable, with intcrest, up~in'n~xice from LenJer to &~rrower reyue+~rig p~ynknt. ~ If lxnder reyuired mongage insurarx:e as a canJition of making the loan secured by thisiSecurity ln,trunx;nt, &?rruv?~er .hall pay tfk Premiums rcquireci to maintain the iruurxne;e in effe~.~t until such time ax the reyuir~~ foc the iRiurarkr temiinates in arcurcinnr~ with Borrower's :~nd Lender's written agreement or applicable law. • 8. Inspectan. Lender or its agent may make reawnable entries upon and insperhuns of thc Propc:rty. L.rnder.hall give &~rroHrr n~xice at the time of or p~ior to an inspection specifying reawnable cause for the inspection. 9. Condemnatjon. The proc~ of any award or claim fur damages, direct or con~uential, in connection with any c~xxiemna~i~m or ~uher taking of any part of the Property, or for conveyance in lieu of conciemnation, are hereby assigned and shall be paid to Lender. In the event of a tatal taking of the- Pr~rty, the proceeds shall be applied ta the sums serured by this Security ln~trument, whether or not then due, with any excess paid to Borrower. In the event of a panial taking ~~f the Property, unless &xrower and Lerxler othenvise agree in writing, the wnu secureci by this Security Instrument shall be recluced by the ~nx~unt of the prcx~ec~ic multiplieci by the following fraction: (a) the total amount of thc sums secured immediately before the taking, divided by (b) the fair market valuc of the Property immediately before the taking. Any balance shall be paid to fsorrower. If the Propeny is abandoned by Burrawer, or if, aRer notice by Lender to Borrower that the coixfemnor offers to make an award or settle a claim for damages, Borrower fails to respc~nd to Lender within 30 days after the date the nwice is given, Lencfer is authorized to collect anci apply the proceeds, at its option, either to restoration or repair uf the Prope~ty or to the sum~ secureci by this Security Instrument, whether or not then due. , Unless Lender and Borrower otherwise agree in writing, any applicatiaa`tff~r~ocEaeds.to ~eirt~~l~itiall na extend or po~tpone thc due date of the monthly payments referred to in paragraphs 1_ and 2~~~~4~f tiiD.~r~oaat~~if such payments. 10. Borrower Not Released; Forbearance By l.ender Not a VYaiver.:~xte~siq~`('Ltb~1~~~t''~yment or moditication ~~t~ amortization of the sums secured by this Security Instrument granted by L.ender to any successor ir~ interest of Borrower shall not uperate to release the liability of the original Borrower or Borrower's successors in interest. Lender ~hall na be required to commenre proceedings against any successor in interest or refuse to extend time for payment or otherwise malify amonization of the sums secured b~~ this Securiry Instrument by reason of any ciemand made by the original &xrower or Borrower's successors in intere~t. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assegns Bound; Jant and Several Liability; Co-signers. The covenants and agreerr~nts of thi~ Security Instrument shall bind and benefit the successors and assigns of l.ender and Borrower, subject to the provisions of paragraph 17. Borrower's cuvenants and agreemen[s shall be joint and several. Any Borrower who co-signs this Security Instrument bu. dces not exerute the Note: ta) is co-sig~ing this Security Instrument only to mortgage, grant and convey that Borrower'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 cxher Borrower may agree to extend, mociify, forbear or n?ake any accommaiatiuns with regard to thr tcrms of this Security Instrument or the Note without that Borrower's consent. 12. I,oan Chsuges. If the loan secured by this Security Instrument is subject to a!aw which sets maximum loan charges, and that law is finally interpreted s~ that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) an_y such loan charge shall be reduced by the amount nececsan- tn reduce the charge to the ~ermitre~i limit; and (b) any sums already collected f~om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may chcx~se to make this refund by reducing the principal owed under the Note or b} making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment witt~out any prepayment charge under the Note. 13. l.egislation Afiecling Lender's Reghts. lf enactment or expiration of applicable laws has the effect of rendering an~~ provision 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 Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercise~ this option, Lender shall take the steps specified in the second paragraph of paragraph 17. ~ 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any «ther address Borrower designates by notice to I.ender. Any notice to Lender shall be given by first class mail to [.ender's addre~s ,tated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Securiry Instrument shall be: deemed to have been given to Barrower or Lender when given as provided in thi~ paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law- of the juri.dictinn in which the Property is located. [n the event that any provision or clause of this Security Instrument or the Ncxe contlicn with :~pplicable law, such conflict shall not affect other provisions of this Security lnstrument or the Note which ran be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. ~ 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficisl Interest in Borrower. If all or any part c~f the Property or any interest in it ~ i, sold or tranferred (ar if a beneficial interest in Borrower is wld or transferresi anci Borrower is not a nawral perum) without Lender's ~ ~rior written consent, Lender may, at its option, require immediate pay~ment in full of all sums secured by this Security In~trument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. ~ If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice 4hall provide a periad of not ; less than 30 days from the date the rxxice is delivered or mai{ed within which Borrower must pay all sums ~ecured by this Security ~ lnstrument. If Borrower fails to pey these sums prior to the expiration of this period. I.ender may invoke any remedie~ permitted ~ by this Securiry Instrument without further notice or demand on Borrower. 18. Borrower's Right to ReinstsUe. If Borrower meets certain conditions, Borrower shall have the right to have enforcement ~ ~ of this Security [nstrument discontinued at any time prior to the earlier ot: ta) 5 days (or such other periai as applicable law may ~ ~ ~pecify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security In~trument: or (b) entry i ` c~f a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would ~ s be due under this Security Instrument and the Note had no acceleration occurred: (b) cures any default of any other covenants nr ~ ; agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, bui not limited to, rea.sonable attorneys' ~ ~ fees; and (d) takes such action as Lender may rea.5onably require to assure that the lien of this Securiry Instrument, Lender's righis in the Property and Borrower's obligadon to pay the sums secured by this Security tnstrument shall continue unchanged. Upon ` reinstatement by Borrower, this Socuriry Instrument and the obligations secured hereby shall remain fufly effective as if no ecceleration ° had occurred. However, this right ro reinstate shalt not apply in the case of acceleration under paragraphx 13 or 17. ~ ~ ~ ; i € • : [ ~ ~ 800K PAGE c7~~ ~ ~ t ~ ~ c ; ~ I , - - - • _ _ ~ . _ _