HomeMy WebLinkAbout0965 If Len~ier reyuired murtgage i~i~uran~e :is a cundiuon ~~f making the loan ucurrd b~~ this Security Inttrument,
Burm~~rr ~hall pa~~ the premiums rryuired to maintain the insuranre in efi'ect until surh tim~ :~s the reyuirrment far the
insuranre terminatc~ in accurdance with Borrower's and Lender's written agrc~ment or applicable law.
8. Inspection. Leiider or its agent may make reasonable entries u~n and ins~c:ctians of the Pro~xrty. Lender
shall gi~e Hurrower noti~e at the time of or priur to an inspeciion spc,~cifying reasonable cause for the ins~rtion.
9. Condemnation. Thr pr~eeds of any aH~ard or ciaim for damages, direct or ronsequential, in c~nnection with
an~ cundrmnation or othrr taking o( an}~ part uf the Propert~•, ur fi~r conveyance ~n liru of condemnation, are hereby
a;signed and shall be paid to Lender.
In the e~•ent of a tutal taking of the Prupert~•, the pnxreds shall be applied to the sums secured by this Security
ln.trument, w hether or not then due, w~ith any excess pa~d to Borrow~er. In the eveut of a psrtial taking of the Property,
unless Burrow~er and Lender otherw•ise agree in w•riting, the sums se.;ured by this Security Instrument shall be reduced by
the amount of the prckreds multiplied by the following fraction: (a) the total amount of the sums ;rcured immediately
bzfc~re the taking, dicided by~ (b) the fair market ~~alue of the Property immedialely hefore the taking. An~~ balance shall be
paid to BorroH•er. • .
lf the Property is abandoned by Borroa~er, or if, after notice by Lender to Borrow•er that the condernnor ofTers to
make an aw•ard or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
gicen, Lender is authorized to collect and apply the proceeds, at its option, either to rc~toration or repair of the Pro~erty or
to the sums secured b}• this Security Instrument, whether or not then due.
tJnless Lender and Borrow~er otherwise agree in writing, any application of proceeds to principal shall not extend or
~wst~~ne the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
10. Borrower ':Vot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted b~~ Lender to an}~ successor in
interest of Borrow•er shall not operate to release the liability of the original Borrower or Borrower's sucressors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
pa}~ment or otherw•ise modify amortization of the sums secured by this Security Instrument by reason of an}~ demand made
b}~ the original Borrow~er or Borrow~er's successors in interest. Any forbearance by Lender in exercising an~~ right or remedy
shall not be a~~•aiver of or preclude the exercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrow•er, subject ro the pra~-isions
of paragraph 17. Borrower's covenants and agreements shall be joint and severai. An}• Borrower w~ho co-signs this Securit}~
Instrument but does not execute the Note: (a) is co-signing this Security Instrument on(y to mortgage, grant and con~e}~
that Borrow•er's interest in the Property under the terms of this Security Instrument; (b) is not per~onail}~ obligated to pa~~ ~
the sums secured by this Securit~• Instrument; and (c) agrees that Lender and any other Burrow~er may~ agree to extend. ~
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate w ithout
that Borrower's consent.
12, Loan Charges. If the loan secured by this Security Instrument is subject to a law• w~hich s.ts maximum loan
charges, and that law~ is finally interpreted so that the interest or other loan charges collected or to be collected in
connection w~ith the loan exceed the permitted limits, then: (a) any such loan charge sha!! be reduced b} the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected frc,m Borrow•er which e~ceeded
permitted limits wiU be refunded to Borrower. Lender may choose to make this refund b~~ reducing the principal o~ced
' under the Note or by making a direct payment to Borrower_ If a refund reduces principal, the reduction ~~iil be treated as a
~ partial prepa}~ment without any prepayment charge under the Note.
€ 13. Legislation Afieeting Lender's Rights. !f enactment or expiration of applicable iaws ha~ the et3ect ~f
~ rendering any provision of the Note or this Securit~~ Instrument unenforceable according to i~s terms, Lender, at it; o~ti~m.
~ ma~ require immediate pa}~ment in full of all sums secured by this Security [nstrument and ma~ in~ oke an~ remed~es
~ permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specihed in the sec~,nd ~aragraph of
~ paragraph 17.
14. \otices. Any notice to Borrower provided for in this Security Instrument shall be gi~en h~ deli~ enng ~t ~~r b~
~ mailing it by first class mail unless applicable law~ requires use of another method. The notire ~hall he directed t~~ the
~ Property Address or any other address Borrower designates by notice to Lender. An~- non~e t<, Lender ~hall he gi~en b~
fint class mail to Lender's address stated herein or any other address Lender designate~ b~• n.~tice t~~ Bi~rr~~~~er. .~n~ noti~e
~ provided for in this Security Instrument shall be deemed to have been given to Bormuer ~~r Lender hen gi~en a, ~m~ ~ded
in this paragraph.
15. Governing Law; Severability. This Security Instrument shall t~ go~~erned b~ fcdrral la~s ai~d the laN «f the
jurisdiction in which the Property is located. In the e~~ent that any provision or rlause ~~f th~, Sr~urit}~ Instrument or the
tiote canflicts with appli~able law, such conflict shall not affect other pmvisions <~f thi` Se~:irit}~ In.trument or the Note
which can be given effect w~ithout the conflicting provision. To this end the pro~isie,m ~~f this Securit~ Instrument and the
tiote are declared to be severable.
~ 16. Borrower's Copy. Borrower shall be given one conformed c~~py ~,f th~ tic~tr and ~~t~ thiti Securit}• Instrument.
~ 17. Transfer of the Property or a Beneficial Interest in Borrower. If all ~~r ,in~ ~art ~~f the Yropertc or an}
interest in it is sold or transferred (or if a beneficial interest in I3orrow~er is ~old ~~r transfrrre.i and Barrow~er is not a natural
~
erson w~ithout Lender's r~or wntten consent. Lender ma
p ) p~ y, at its option, r~yuire immedi:itr pa~ment in full of all sums .
secured b} this Security Instrument. However, this option shali not be exrrri~eci h~ Len~ler if exercise is prohibited b}
- federai law as of the date of this Security :nstrument.
If Lender exercises this option, Lender shall give Borroaer ne~tirc ~~(ar.-elerati~~n. The n~~tice shall ~ro~ide a~eriod
of not les5 than 30 dajs frum the date the notice is delivered or mailed within ~~hirh f3<~r ruw~r rnutit ~+a} sti ,um~ secured by
thi~ S~curit}~ Instrument. lf Borrower fails to pay these sums prior to the ex~irati~~n ~~f this ~~cri~xi, Lender ma}' im'oke any
remedies permitted by this Security Instrument without further noti~r ~~r demand e~n t3c~rrow~er.
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18. Borrower's Right Lo Reinstate. If Borrower meets rrrtain a~n~iiti~ms, Be~rrower shall have the right ta ha~e
~ enforcement of this Security Instrument discontinued at any time prior t~i the e~rlier i~f: (a) 5 da}'s (or such other ~riod as
~
r applicable law~ may s~c:cify for reinstatement) before sale of the Propert}~ ~unuant to any power of ~ale contained in this
~ Security Instrument; or (b) entry oia judgment enforcing this Security Instrument. ~Those cnnditions are that Borrower.
(a) payti Lender all sums which then would be due under this Serurity In1trument and the Note had n~ acceleration
~ oc:curred; (b) cures any default of any other covenants or agreements; (c) pays all expensc~ incurred in enforcing this
i Securit}• lnstrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender ma}~
3;
- reasonably reyuir~ tn assure that the lien of this Security Instrument, Lender's nghts in the Propert}~ and Borrow~er's
~ obligation to pa}~ the sumti secured by this Security Instrument shall continue unchanged. lJpon reinstatement by
~ Borrower, thi5 Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
~ occurred. Howecer, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
. _-~'~~~9? ~~~E 958
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