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HomeMy WebLinkAbout0929 . . 1 Ii Lender rec~uired mo?tgaga ingurance as a condilion of making Ihe Ioan secured by ihis Security Instrument, 8or~ower shall t: pa)i the p~emiums raquir~{l lo mainlain thQ insurance in eflect until such time as the reguirement tor ihe insurancQ terminates in t~ccardane~ witM BortoH(~r's and Lender's written agreement or applicable law. v: ~ . S. In=peciton. Lender ar its agent may make reasonable ent~ies upon and inspections of the P~operty. LendQr shall give Borrow~r notice al thQ fime ot or prior to an inspection speci(ying ceasUtable cause for the inspection. 9. Condamnetlon. '7he proceeds oi any award or claim tor damages, direct or ~onsequenttfl~, in~cp~nection with any . coA(lemnation or olher taking of any part o( the Praperty, or tor conveyance in lieu oi condemnation, are hereby assigned and shall ~ •t be paid to lender. . }z . In the`event of a~tolal laking oi ihe Property, the proceeds shall be applied to the sums secureci by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event ot a partial tak+ng ot tha Prq eriyi9unless So?rowei and Lendet otherwise agree in wrifing, the sums secured by this Security Instrument shal! be reduced by~he amoUn~o{ the proceeds muftiplied by the toftowing fraction: (a) the tWal amoun! af iha sums secured immediately beforo the taking, divided by (b) the (air maricet value oi the Property immediately before the taking. Any batance shall be paid to Borrower. the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that Ihe condemnor ofters to make an award or settle a claim tor damages, Borrower fails to respond io Lender within 30 days after the date the notice is given, Lender is auihorized to coltect and apply the proceeds, at ils option, either to restoration or repair of the Property or to the sums secured by Ihis S~curity Insttument, whether or not then due. ~ Unless Lender and Borrower otherwise agree in writing, any application of proceeds to princip~t sh~ll n~t extend or . postpUrte 1h9 due date of the monlhty payments relerred to in paragraphs 1 and 2 to change the amount af such payments. . ~ 10. Borrower N~t R~IBJ~sed;~orbe~r~e By Lende? Idot te Walver. Extension oi the time for payment or modification ot amortizalion ot the sums secui~iiby~Jhis, ~QCurity Inslrument granted by Lender to any successor in interest oi Sorrower shaA not ope~ate to release the liab~tity.of ihe.origin~l~9orrovrer or Borrower's successors in interest. Lender shall not bP required to commence proceedings against any successor in interest or refuseto extendtimetor payment or otherwisemodify amortization of the sums secured by lhis 8ecurity Instrument by reason of any demandmade by the original Borrower or Borrower's succassors in interest. Any torbearance by Lender in exercising any right or remedy shaN not be a viaiver of or preclude ihe exerc+seot any right a remedy. 11. Succe~sors and Asslgns Bound; Jolnt and ~evsral Llab!!lty; Ca-slgners. The covenants and agreements of this Security tnstrument shall b~nd and benetit the successors antJ assigns of lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreemenls shall be joint and several. Any Borrower who co-signs this Security Instrument bul does noi execute the Note: (a) is co-signing this Security lnstrumen! only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Inslrument; (b} is not personaly obligated to pay tha sums secured by this Security Instrument; and (c) agrees ihat Lender and any other 8orrower may agree to exiend, modify, forbear or maRe any accommodations ~viih regard to ihe terms of ihis Security instrument or ths Note w+thout that Borrower's consent. 12. Loen Charges. If the loan secured by lhis Security Instrument is subjeci to a!aw which sets maximum loan charges, and thal law is finatiy interpreted so that the interest or other loan ~harges co!)ected or to be colle~ted in connection with the loan exceed the permitted limits, then; (a) any such loan charge shall tie reduced by th~ amount necessary lo~reduce ttie charge to the permitted limil; and (b) any sums a)ready coll~cted from Borrower which exceeded permitted limits will be refunded to Borrower. lender may choose to make this retund by reducing the principal owed under ihe Noteor by making a direct payment to Borro~tier. If a retund reduces principal, the reduciion will be treated as a partiaPprepayment without any ~repayrrlent ctiarge under the Note. 13. Leglslatlon Affecting Lendera Rlghfs. If enactmeni or expiration of appticab~e laws has the eitect of rendering any provision oilhe Note or this Security Instrument unenforceable according io its terms, Lender, at its optian, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shatl take the steps specified in ihe second paragraph of paragraph 17. f4. Notlcas. Any notice to Borrower provided for in this Security Instrument shatl be given by delivering ii or by mailing it by first class mail unless appticabte lavr requires use of another method. The notice shall be directed to the Property Address or any olher address Borrower designates by notice to Lender. Any notice to lender shall be given by first class mail to Lender's address staied herein or any other address Lender designates by notice to Barrower. Any notice provided tor in this Security Instrument shall be deemed ta have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabllfty. This Security Instrument shatt be governed by federal ~aw and the !aw of the juris~iction in which the Property is located. tn fhe event ihat any provision or clauseof this Securitylnstrument or the Note conflicts with applicable law, such conilict shalt not af(ect other prov+sions of this Security Instrumenl or 1he Note which can be given etfect without the coniticting provision. To this end the provisions oE this Security Instrument and the Note are declared to be severabte. t6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Securi!y Instrument. 17. Trsnsier of the Prapeny or a 8enetlclal Interest in Borower. If all or any pari of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) witho~t Lender's prior written consent, Lender may, at its option, require immediate paymeni in full of all sums secured by this Security Instrument. However. this option shall not be exerc+sed by Lender if exercise is prohibited by federal !aw as of the date of this Securily Instrument. If Lender exercises this oplion. Lender shall give 8orrower notice of acceteration. The notice shall provide a period of not less than 30 days trom the date the notice is delivered or mailed with;n which Borrov~er must pay all sums secured by this Security Instrument. If 8orrowsr lails io pay these sums prior to the ex~iraiion oi this period: Lender may invoke any remedies perm;tted by this Security Instrumeni wiihout lurlher noiice or demand on Borrower. i8. gorrowers Right to ~ielnsiate. If Borrower meeis certain conditions, Eorrower shall have the right ta have enforcement of ihis Security Instrument discontinued at any time prior tothe eartier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Securitylnstiumeni; or (b) entry of a judgment enforcing this Security instrument. Thase conditions are ihat 8orrower: (a) pays Lender all sums which then vrould be due under fhis Security Instrument and the Note had no acceleration occurred; (b~ cures any default of any other covenants or agreemenis; (c) pays all expenses incurred in enforcing this Security Insfrument, inciuding, but not limited to. reasonable attorney's fees; and (d) lakes such action as Lender may reasonably require to assure that thP lien of ihis Security - Instrument. Lender's rights in fhe Property and 8orrov+er's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Up~n reinslatement by Borrower, this Security Instrument and the obligations secured hereby shatl remain tuly ettective as if no acceleration had occurred. However, this rigM to reinstate shall not apply in 1he case of acceleration under paragraphs 13 or 17. B~O p~ t^ ~ Frevious ed~tion d Jul 84 meY be used 0992~9 Rev SeD @4 {1602) PC ~ ~ v ~6~0 ~ ? ~