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HomeMy WebLinkAbout0927 7. ' , ~ , • s S ~.!N ~v If Lender required mortgage insurance as a condition of making the loan socurod by this Sccurity Instrument, Borrower shall pay the premiums roquirod to maintain the insurance in effect until such time as the roquirement for the insurance terminates in accvrdance with Borrower's and La~der'a writtrn agreemrnt or appGcable law. 8. Ia~pecttoa. Lazder or its agent may malce reasanable entries upon u?d inspoctions of the Propcrty. Lender shall give Borrower notia at the time of or prior to an inapection specifying reasonabk cause for the inspect+on. 9. Coodeu~nstlon. The proceoda of any award or claim for dsmaga, diroct or conscquential. in connxtion with any oondemnation or other taking of any part of the Property~ or for oonveyance in licu of rnndemnation, are hercby sssigned and shall be p~id to Lender. In the event of a total taking of the Propecty. tho procads shall be applied ta the sums socured by this Saurity Instrument. whether or not then due, with any excess p~id to Borrower. In the event of a panial talcing of the Property. unless Borrower and Lender otherwise agra in writing. the sums secured by this Security Instrument shall be roducod by the amount of the proceecis multiplia3 by the following fraction: (a) the total amount of the sums socurod immediately ~befoce the talcing. divided by (b) the fair market value of tbe Property immodiately befor~ the taking. Any balancx shall be p~id to Borrower. tt the Property is abandaned by Borrower~ or if, after notice by Lender to Horrower that the condemnor offers to make aa Award or setde a claim for damages, Borrower fails to respond to Lender within 30 days atter tFe date the notiae is given. Ltnder it suthorizod to oollxt and apply the proca ds. at its option. either to restoration or repair of the Property or to tbe cums socured by this Security Iastrument. whethu or not then due. Unless Lender and Borcower otherwise agree in writing, any app?ication of proooods to principal shall not eatend or postpone the due date of the monthly paymaita referrod to in paragcaphs t and 2 or change the amount of such payments. 10. Horrawer Not Relea~ed; Fa~bearasoe By I.eader Not • Wd~er. Extrnsion of thc time for payment or modification of amortizatiau of the sums aocured by ihis Socurity Instrument granted by Lender to any successor in ustcrest of Borrower shall not optrau to rdease the liability of the original Horrower or 8orroaer's succe.csors in interest. Lender stiell aot be required to oommenoe pr~ceedings against any successor in interest or refuse to eatrnd time for payment or otherwise modify amurtization of the sunns securod by this Socurity instcumeet by reason of any demand made by the original Borrower or Borrower's succxssors in interest. My forbeatana by L~?der in eaercising any right or remody shall not be a waiver of or preclude the exercise of any right or remody. 11. Saec~tors a~d Assi~ss Housd; Joiat and Se~enl I3ablUty; Co~dgna~s. The covenants and agreements of this Security Iastrumeat shall bind and beae8t the su~sors and assigns of Ixnder and Barrower, subject to the provisions of paragraph 17. Borrower's oovenants and agrxments shall be joint and several. My Bormwer wha co-signs this Socurity Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and coavey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligatod to pay cha sums socured by chis security instirumenc; and (c) agrees that I.ender and any other Borrower may agroe to eatcnd, modify, forboar or make any accommodations with regard to thc tarms of this Sccurity Instrumrnt or the Note w+ithout that Borroaer's consent. I2. I,oaa Chargea. If the loan socurod by this Security Instrument is subjxt to a law which sets mauimum loan charges, and that law is finally interpretod so that the interest or other loan charges collxted or to be collected in connection with the loan exceed the permittod limits, then: (a) any such loan charge shali be roduced by the amount necessary to roduce the charge to the permitted limit; and {b) any sums already coUectod from Bonower which eaceeded permitted limits will be refundcd to Borrowtr. Lender may choa~e to malce this refund by roducing the principal owed under the Nott or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without aay prepaymrnt charge unda the Note. ~ 13. Legislation ARaKing I~'e R3g6ts. If enactment or expiration of applicablc laws t~as the effect of rendering any provision of the Note or this Secwity Instrument nnenforceable according to its terms, Lender, at its option, may roquire immediate paymeat in full of all sums socured by this Security Instrument and may invokc any remedies ~ permittod by paragraph 19. If Lender eaercises this option, Lenda shall take the steps specified in the second paragraph of ~ paragraph 17. ~ 4 14. Notices. Any notice to Borrower provided for in this Socurity Instrument shall be given by detivering it or by ~ mailing it by first class mail unless applicable Isw requires use of another method. The notice shall be dirxtod to the ~ ~ Property Address or any other address Borrowet designates by notice to Lender. Any notict to Ixnder shall be given by ~ j first class mail W Lenda's address stated herein or any other address Lender designates by notice to Borrower. Any notice ` provided for in this Security Instrument shall be deemed to have bcen given to Bortower or Lender when given as provided in this paragraph. ls. Go~trning I.~w; Se~enbility. This Security Insirument shall be governed by federal law and the law of the ~ jurisdiction in which the Property is locatcd. In the event that any pro~ision or clause of this Security Instrument or the ~ Note con8icts with applicable law, such conflict shal! not affect other provisions of this Sxurity Instrument or the Note ' ~ which can be givtn effect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ Note are declarod to be severable. ~ 16. Borrower's Copy. 8orrower shall be given one conformed copy of thc Note and of this Security Instrument. ~ 17. Trausfer of the Property or a Beaeflcifl Interest in Borrower. If all or any part of ihe Propcrty or any interest in it is sold or transferred (or if a bene6cial interest in Borrower is sotd or transfened and Bonower is not a natural ~ ~ ~ person) without Lender's prior writtrn consent, Lender may, at its option, roquire immediate payment in full of alt sums ~ ~ secwod by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by ~ f." federal taw as of the date of this Security Insirumrnt. ` If Lender exercises th'ss option, Lender shall givt Borrower notice of acceleration. The notice shall provide a period ` of not less than 30 days from the date the notice is delivered or mailod within which Borrower must pay all sums secwed by this Socurity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, I.ender may invoke any remedies permitted by this Security Instrumrnt without further notice or drmand on Barrower. 18. Borrower's Rlght to Reinstate. If Borrower m~ets certain conditions, Borrower shall have the right to have enforcement of ~his Security Iastrum~nt discontinued at any time prior to ihe earlier of: (a) S days (or such ather period as applicable law may specify for reinstatoment) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Thc,se conditions are that Bonower: (a) pays Lender aU sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) curss any default of any other oovenanis or agreements; (c) pays all expenses incurred in enforcing this - Socurity Instrument. including. bvt not limited to, reasonable attorneys' fas; and (d) takes such action as Lend~r may ressonably require to assure thai the l~.en of this Securiry Instrument, Lender's righu in the Property and Borrower's i ob6gation to pay tht suras socwed by this Security Instrument shall continue unchangod. Upon rcinstatement by Borrower. this Security Instrument and the obligations se~ured hereby shal! remain fully effoctive as if no acc~leration had occurred. However~ this right to reinstatc shall not apply in the case of acceteration under paragraphs 13 or 17. e~~K 49? ~ 925 . ; ~~..y~^~. ~ _ . ~ _ . ~ . ~ _ ~ ~ T . . ~ - ~ - ~