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HomeMy WebLinkAbout0924 ` ~ ~ If Lender required mortgagc i~surance as a condition of making the loan securcd by this Security Instrument, i Borrower shall pay ~he premiums rcquired to maintain the insura~ce in efFect until such time as the requirement for the ~ insurance te~minates in accordance with Borrowe~'s and Lender's written agrcement or applicable taw. ' 8, Inspection. Lender or its agent may make reasonabte entria upon and inspections of the Property. Lender t shall give Borrower notice at the time of or pri~r to an inspection spocifying reasonabte cauu tor the inspection. : 9. CondemnAtion. The procecds of any award or claim for damaga, dire~t or consequential, in connection with ` any condemnation or olher taking of any pa~t of tht P~operty. or for conveyance in li~u of condemnation, are hereby 3 assigned and shall be paid to I.fndtr. ln the event of a total taking oP the Propeny. the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with ant excess paid to Borrower. In the event of a partial taking of the Propeny~. unless [3orrower and Lender otherwiu agree in writing, the sums secured by this Security Instrument shall be reduced by the amount oP the proceeds multipiiM by the following fraction: (a) the t~tal amount of the sums securcd immediately txfore the taking, divided by (b) the fair ma~ket value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower. or if, aRer notice by L,ender to Aorrower that the condemnor offers to ~ make an aw~rd or ~settle a claim for damag~es, Borrower fails to respond to Lender within 30 days after the date the natice is ~ F given, Lender is authorized to collect and apply the procetds, at its option, either to restoration or repair of the Property or } to thc sums secured by this Security Instrument, whether or not then due. Untess Lender and Borrower otherwise agrce in writing. any application of praeeds to principal shall not extend or postpone the due date of tht monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance 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 shall not operate to release the liability of the original Borrower or Borcower's successors in interesl. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizat~on of the sums secured by this Security Instrument by reason of any demand made hy the original Borrower or Borrower's suceessors 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 and Se~eral Ltability; Casigners. The ;.ovenants and agreemcnts of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph t 7. Borrower's covenants and agreements shall be joint and several. Any Borrower who casigns this Security Instrumeni but does not execute the Nate: (a) is casigning this Security Instrument only to mortgage. grant and convey that Bonower's interest in the Property under the terms of this Security Instrument; (b) is not personalty obligated to pay the sums secured by this Security lnstrument; and (c) agrees that I.ender and any other Borrower may agrec to extend, modify, forbear or :nake any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. . 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coltected in connection with the loan exceed the ptrmitted limits, then: (a) any such loan charge shall be reduced by the arnount necessary to reduce the charge to the permitted timit; and (b) any sums already colleeted from Borrower which exceeded permitted timits will be refunded to Borrower. Lender may ehoose to make this refund 6y reducing the principa! owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation AtYecting I.ender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, 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, L.enc~er shall take the steps specified in the second paragraph of i paragraph 17. - 14. iVotices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by ~ mailing it by first class mai[ un(ess appiicabte law requires use of another method. The notice shall be directed to the ~ Property Address or any other address Borrower designates by notice to I.ender. Any notice to L.ender shall be given by j first class n~ail to Lender's addtess stated herein or any other address I.ender designates by notice to Borrower. Any notice i provided for in this Security Instrument shall be deemed to have becn given to Borrower or Lender when given as provided ~ in this paragraph. - ; 15. ~overning Law; Severability. This Sec~rity Instrument shall be governed by federal law and the law of'the ~ jurisdiction in which the Property is located. In the evtnt that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shaU not aRect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ Note are declared to be severable. ) 16. Bonower's Copy. Borrow.:r shall be given one conformed copy of the Note and of this Stcurity Instrument. „ng?' 17. Transfer of the Property or a BeneRci~l Interest in Borrovrer, If all or any part of the Property or any interest in it is sold or transferrrd (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural ~ person) without Lender's prior w_ntten consent, I,ender may. at its option, requirt immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exeecised by L.ender if ezercise is prohibited by federal )aw as of the date of this Security Instrument. ~ If L.ender ezercises this option, I,ender shall give Bonower notice of ac~eleration. The notiee shalt provide a period ~ of not less ~han 30 days from the date the notice is delivered or mailed within which Bonower must pay atl sums secured by ~ this Security Instrument. If Borrower fails to ~say these sums prior to tht eapiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Bonower. 18. B~rrower's Right to Reinatate. If Borrower mats certain conditions, Borrower shall have the r,ght to have enforcement of chis Securit~+ Instrument discontinued at ~ny time prior to the earlier of: (a) S days (or sueh other period as applicable lav? may spec~fy for rein~tatement) befort sale of the Property pursuant to any power of sale contained in this Security tnstrument; or (b) entry oi' a judgment enforcing this Socurity Instrument. 'I'hose conditions are that Borrower: (a) pays Lender all sums which then s~+ould tx due under tbis SexusiLy,Instrument and ttie Note had no acceleration occurr~d; (b) cures any default oE any other covenants or agreements; (e) pays ali expenses incuned in rnforcing this ~ Security Instrument, including, but not timited to, teasonable attorneys' fas; and (d) takes such action as Lender may reasonably requirc to assure that the lien of this Socurity Instrument, I.ender's rights in the Propcrty and Borrower's obligation to pay the sums sacured by this Security Instrument shall continue unchanged. Upon ranst,atement by Borrowcr, this Sxurity Instrument and the obligations socured hereby shall reinain fully ~ffective as if no acceieration had occurrod. However~ this right to reinstate sha~~y/~n t~~~eration under paragraphs 13 or i 7 ~n +t s~~- 9~9 _ - - _ . ..,w,,; _ s.,, . - - _ . - - - - - - r -