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HomeMy WebLinkAbout0968 . . ' ' . If I.ender required mortgage insurance as a condition of making the loan secured by this Security Instrument, ~ Borrov?er shall pa~• the premiums required to ma~ntain the insurance in eflcct until such timr as the requirement for the ! insurance t:rminates in accordance w•ith Borrow~er's and Lender's written agreement or applicable law. ~ 8. Inspection. Lender or its agent may make reasonable entria upon and inspections of the Propeny. Lender ~ shall gi.•t BorroW~er notice at the time of or prior to an inspection specifying reasonable cause for the inspection. f 9, Conde~nation. The prc~ceeds of any award or claim for damages, direct pr consequential, in connection w•ith any condemnation or other taking oi' an} part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Propeny, the proceeds shall be applied to the sums secured by this Security Instrument, w~hether or not then due, with any ezcess paid to Borrower. In the event of a partial taking of the Property, . unless Borrow•er and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by ihe folloa~ing fraction: (a) the total amount of the sums secured immediately ' before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrow~er. ' If the Prepeny is abandoned by Borrower, or if, after notice by Lender to Borrow•er th~' the condemnor offers to make an aw~ard or settle a claim for damages. Borrow~r fails to respond to Lender w~ithin 30 days atter the date the notice is gi~•en, Lender is authorized to collect and appiy the proceeds, at its option, either to restoration or repair of the Property or . to the sums secured bv this Securitv lnstrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not eztend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10, Barrower \ot Relessed; Forbearance By Lender tiot a~'1'siver. Extension of the time for payment or ~ modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrow•er shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or othen~~ise modify amortization of the sums secured by this Security Instrwnent by reason of any demand made , by the original Borrow~er or Borrow•er's successors in interest. Any forbearance by Lender in exercising any right or remedy ~ shall not be a waiver of or preclude the exercise of any right or remed}•. ' 11. Successors and Assigns Baund; Joint and Seversl Liability; Co-signers. The cover~ants and agreements of ~ . this Security Instrument shali bind and benefit the successors and assigns of Lender and Borrow•er, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. An~• Borrow~er w~ho co-signs this Security Instrument but does not esecute the Note: (a) is co-signing this Securitp Instrument onl}~ to me~rtgag~, grant and con~~e~• that Borrow~er's interest in the Propert~~ under the terms of this Security Instrument: (b) is not personall}~ obligated to pa}• the sums secured b}• this Securit~• Instrumenr, and (c) agrees that Lender and any other Borrow•er may agree to extend, modif}•, forbear or make am~ accommodations w•ith regard to the terms of this Securit~~ Instrument or the Note w•ithout ~ that Borrow~er's consent. 12. Loan Charges. If the loan secured b~• this Securit}• Instrument is subject to a law~ w~hich sets maximum loan ~ charges, and that law~ is finall}~ interpreted so that the interest or other loan charges collected or to be collected in connectiun a~ith the loan exceed the permitted limits, then: (a) any- such loan charge shali be reduced by the amount ~ necessan• to reduce the charge to the permitted limit: and (b) am~ sums alread~~ collected fmrr: Borrow~er w•hich exceeded { permitted limits w•ill be refunded to Borrow~er. Lender ma}~ choose to ~nake this refund b~~ reducing the principal ow~ed under the Note or bp making a direct pa~~ment to Borrow~er. If a refund reduces principal, the reduction u~ill be treated as a partial prepa~~ment w-ithout an}• prepapment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or eipiration of applicable laws has the eft'ect of rendering anp procision of the Note or this Securit}~ Instrument unenforceable according to its terms, Lender, at its option, ma}~ require immediate pa~~ment in full of all sums secured by this Securit}• Instrumem and ma~~ im~oke any~ remedies permitted by paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of paragraph 17. 14. ~otices. Am~ notice to Borrow~er ~Sro~~ided for in this Securit}~ Instrument shall be gi~~en b~• deli~~ering it or b~~ ~ mailing it b}~ first class mail unless applicable laa~ requires use of another method. The notice shall be directed to the 4 Propert}~ Address or am~ other address Borrow~er designates b}~ notire ro Lender. An~~ notice to Lender shall be giren b}~ ; i ~ first class mail ro Lender's address stated herein or an}~ other address Lender designates b~~ notice to R~rrow~er. An~- notice " pro~ ided for in this Securit~~ Instrument shal! be deemed to ha~~e been gi~en to Bormw~er ~r Lender w~hen giti~en as pro~ ided ' ~ in thit paragra~h. - ~ 15. Governing Law; Severabilit}~. This Securit~ Instrument shall be grnerned b} fe~~eral law and the law~ of ~he ; jurisdiction in w•hich the Propert~~ is located. In the event that an~~ pro~~ision or clause of this Securit}~ Instrument or the ~ tiote conflicts w~ith applicable law•, such conflict shall not affect other pra~~isions of this Securit}~ Instrument or the '.vote ° which can be gi~~en effect w•ithout the conflicting pro~ision. To this end the pro~~isions of'this Securit}~ Instrument and the tiote are declared to be se~~erable. - 16. Borrower's Cop~•. Borrow~er shall be gi~en one conformed cop} of the \ore and of this Securit}~ Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrow-er. If all or an}~ part of the Propert} or an}~ ' interest in it is sold or transferred (or if a beneficial interest in Borro~-zr is sold or transferred and Borrower is not a natural ~ person) without Lender's prior w~ritten consent, Lender ma~~, at its option, require immediate pa~~ment in full of all sumti i secured b~~ this Securit~~ Instrument. How~e~~er, this option shall no~ be exerrised b}~ Lend:r if exercise iti prohibited b~ ~ ~ federal law• as of the date of this Securit~~ Instrumcnt. ? ~ If Lender exercises this oplion, Lender shall give Borrow~er notice of acceleration. The notice shall pro~ ide a period j of not less than 30 da}~s from the date the notice is deli~~ered or mailed u ithin a~hich Borrou er must pa}~ all tiumti ~ecured b~ i ~ this Sec:urit~~ lnstrument. If Borrower fails to pa}- these sums prior to the expiration of this reriod. Lender ma} in~oke an~ ~ ~ remedies permitted by~ this Security- Instrument w•ithout further notice or demand on Borrower. ~ ~ 18. Borrow~er's Right to Reinstate. If Borrower meets certain conditic?ns, Borrower ~hall ha~e the nght to ha.e ~ enforcement of this Securie~~ Instrument discontinued at an}~ time prior to the earlier of: (a) S ~a~~s (or such other ~riod as applicable law~ ma~- specif~ for reinstatemen~) before sale of Ihe Propert} pursuant to an~ power of sale rnntained in this ~ Securit} Instrument; or (b) entry~ of a judgment enforcing this Securit}~ Instrument. Those conditions are that Borro~er. (a) pa}~s Lender ail sums Khich then would be due under this Securit~~ Instrument and the tiote had no acceleration s occurred; (b) cures an}~ default of am~ other co~enants or agreements: (c) pa~~s all espe~set incurred in enforcing thi~ ~ ~ Securit}~ Instrument, including, but n~t limited to, reasonable attorne}s' fees; and (d) take~ wch action as I_ender ma}~ reasonabl}~ require m assure that the lien of this Security~ Instrument, Lender'~ rights in the Property and B~rroa~er's obligation to pa~~ the sums secured b~~ this Securit}~ Instrument shall continue unchanged. l;pon reinstatement b~~ Borrower. this Securit~ Instrument and the obligations secured hereb} shall remain full}~ effertive as if no acceieration had occurred. How~e~~er, this right to reinstare shall not apply in the case of acceleration under paragraphs I 3 or 17. ~OOR ; _ . . _ _ - - _ _ _ ~ _ . - ~ - - - - - _ _ . _ - . -