HomeMy WebLinkAbout0979 .
If Lender tequired mortgage insurance as a~ondition af making the luan sec:ured by ihis Security lnstrument,
Bar~ower shali pay the premiums reyuired to maintain ihe insurance in eti'ect untit such time as the requirement for the
insucance terminates in uccordance H:ith Borrower's and Lender's written agreement or applicable law.
8. Inspection. Lender ur its agent may make reasonable entries upon and inspections of the Property. Lender '
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause Por the inspection.
9. Condemnation. The prcx;eeds at any award or claim for damages. direct or consequential, in connection with
any condemnation or other taking of any part of the Property, ar for e:onveyance in lieu oP condemnation, are hereby
assigned and shall be paid to Lender. ~
In the event of a total taking of the Propert~~, the proceeds shatl be applied to the sums secured by this Security
lnstrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the taking, divided by (b} the fair market value of the Property immediately befare the taking. Any balance sha{I be
paid to Borcower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the ~ondemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the ptbceeds, at its oplion, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, wtlethtr or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceesis to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
10. Borrower Not Reieased; Forbestrance By I.ender Not a Waiver. 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 Borrower shali not operate to release the (iability of the original Borrower or &xr~wer's suzcessors in interest.
Lender shall not be required to commence proceedings against anp successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the original Borrower or Borrower'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 remedy.
11. Successors and Assigns Bound; Joint aad Several Liability; Co-signers. The covenants and agreements os
this Security Instr?~ment shall bind and benefit the suecessors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security~ Instrument only to mortgage, grant and convey
that Bocrower's interest in the Property nnder the terms of this Sc~;urity lnstrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other H~orrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Securit~~ Instrument or the Note without
that Borrower's consent.
12. Loan Charges. If the loan secured by this Securit~~ Instrument is subject ta a!aw which sets maximum loan
charges, and that law is finally interpreted so tfiat the interest or other toan rharges collected or to be collected in
connection with the loan exceed the permitted l'smits, then: (a) any s??ch loan charge shall be reduced by the amount
necessary to r~~duce the eharge to the permitted limit; and (b) anp sums alreadp coll~~ted from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make thi~ refund h~~ reducing the principal owed
under the Nute or by making a direct payment to Burrower_ If a refund reduce~ prinriral, the rcduction will be treated as a
part~al prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's R+ghts. If enactment or e~pirati~~n ~~f applirable law•s has the effect of
rendering any provision of the Note or this Security Instrument unenfi~rceable according to its terms, Lender, at its option,
may require immediate payment in full of a!i sums secured by this Securit}~ In~,trument and may invoke any remedies
permitted by paragraph 19. If Lender exercises this option, Lender shall take thr titer~ specified in the second paragraph of
paragraph 17.
14. Notices. Any notice to Rorrow•er provided for in this Securis}~ InStrument sha11 he given b~~ delivering it or by
mailing it by first class mail unless applicable law requires use of another methc~d. The not+ce ~hatl be directed to the
Property Address or any other address Borrower designates by nutice to Lender. Am notice t~ Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender dc~signatt~ h~ notire tc~ F3c~rrow~er. Any notice
, provided for in this Security Instrument shall be deemed to have bcen gi~en tc~ B<~rrc~~~cr c~r 1_endcr ~~~hen given as provided
' in this paragraph. ~
` 15. Governing Law; Severability. This Securit~~ [nstrument tihall he gu~er~ied h~ fcderal {a~ and the lav?• of the
jurisdiction in which the Property is located. In the event that any provision ~r rlause c~f this Security Instrument or the
Note confticts with applicabte law, such conflict shall not afi'ect other pr<~visione cif thi+ Serurit~~ Instrument or the Note
' which can be given effect without the conflicting provision. To this end !he provisions of thi~ Security Instrument and the
~
Note are declased to be severable. ~
' 16. Borrower's Copy. Borrower shall be given one conformed cop~~ c~f thc Nc,te ~~tid uf th~ti Serurit~ Instrument. ;
~ 17. Transfer of the Property or a Beneficial Interpst in Borrow~er. If all c~r ~ny part of the Property ~~r any
; interest in it is sold or transferred (or if a beneficial interest in Bnrrower is sold or tramferred and Bormwer is not a natural
; person) without Lender's prior written consent, Lender may, at its option, require immediate pa}•ment in (ull of all sums ;
; ;ecured by this Security Instrument. However, this option sha11 no! be: exercised by Lender i( exerci~e 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 ~hall pruvide a period ~
of not less than 30 days from the date the notice is delivered or mailed within ~~hich &~rro~ser must pay all sum~ secured by j
this Security Instrument: If Borrower fails ta pay these sums prior to the expiration of thi, periad. Lender ma}~ invoke any j
remedies permitted by tfiis Security Instrument without further notice or demand on Borruwer. ~
18. Borrower's Right to Reinstate. lf Borrower meets certain conditirnis, I3orrower shall havc the right to havc
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other {~eriod ati
~ applicable law may specify for reinstatement) before sale of the Praperty purtiuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgmem enforcing this Security Instrument. Those conditians are that Bc~rrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration
i occurred; (b) cures any default qf any other covenants or agreements; (c) pays ail expenses incurred in enforcing this
? Security Instrument, including, but n~t limited to, reasonabte attorneys' fees: and (d) takes such action as Lender may~
~ reasonably require to assure that the lien of this Security Instrument, Gender's rights in the Property and Borrow•er's
~s obligation to pay the sum~ secured by this Security instrument shall cantinue unchanged. U~n reinstatement by
~ Borrower, this Security Instrument and the obligations secured hereby shall remain fully effer.tive as if no acceleration had
i occurred. However, this right to reinstate sha11 not apply in the case of acceleration under paragraphs 13 or 17.
t gooK 499 PA~ 9?9
E
. . . ,a~~~ . _~.....~._~tsrc~~-...;~ . ,_...~..r.~~~~v
_...~.___..."~.`_'~_.-.~~~,~b-..._-.....__~.~.~__._.__~.~-~.v..,--. ' . :
~