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HomeMy WebLinkAbout0983 . , ~ , . If Lender required mortgage in~urance as a conditi~~n of making thr luan secured by this Security lnstrument, Borro~~er shall pay the premiums reyuired to m~iintain the insurancc in cf~ect until such time as the requirement for the insurance terminates in accordance w~ith EiorroK~er's and l.ender's written agreement or applicable law. 8. Inspection. Lender o~ its agent may make reasonable entries u~n and inspections of the Pro{~erty. Lender shall give Borrow~er notice ut the time of or prior to an inspection speciPying reasonable cause for the inspection. 9, Condemnation. The proceed~ ol~ ~ny award or claim for damages. di~c~t ~r r~~nsequential, in connection with any condemnation or ather taking of any part of the Property, or for rum•ey:~nce in lieu of condemnation, are hereby assigned and shall be paid to Le~ider. in the event oP a total taking of ihe Pruperty, the prcx:eeds shall tx: appiied to ~he sums secured by this Security Instrument, W~hether or not then due, with ~ny excess paid to Borrawer. In the event of a partial taking of the Property, unless ~lorrower and Lender othe~wise agree in writing, the sums seeured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of ihe sums secured immediately before the taking, divided hy (b) the fair market value of the Property immediately before the taking. Any Galance shall be paid t~ Borrower. It the Property is abandoned by Borrow•er, or if, aRer notice by Lender to liorrower that the condemnor offers to make an aw~ard or settle a rlaim for damages, Borrower fails to res~nd to Lender within 30 days aRer the date the notice is giv~n, l.ender is authorized to collect and apply the pra:eeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proc:eeds 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 Released; Forbearance 8y Lender Not a Waiver.. Fxtension oP the time for payment or modification of amortization of the sums secured by this Security Instrument granted by I.ender to any successor in interest of Borrower shal! not operate to release the liability of the original Borrower or B~~rroa•er's successors in interest. Lender shall not be required to commcnce proceedings against any successor in interest ar refuse to extend time tor payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or BorroH•er's successors in ir~terest. Any forbearance b}~ l.ender 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 Several I.iability; Co•signers. The co~~enants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any E3orrower who co-signs this Security Instrument but dces not execute the Note: (a) is ca-signing this Security Instrument onl~~ to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security ln~trument; (b) is not personall~• obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower ma~• agree to extend, modify, forbear or make any accommodations with regard to the tcrms ~if this S~YUrit~~ Instrument or the Note without that Borrower's consent. 12, Loan Charges. !f the loan secured ~y this Security Instrumrnt iti tiubjert to a law ~•hich sets maximum loan charges, and that law is finally interpreted so that the interest or othrr loan rhargeti collected or to be cotlected in connection with the loan exceed the permitted limits, then: (a) an~~ surh loan rh~irge shall be reduced by the amount necessary to reduce the eharge to the permitted limit; and (b) an}• sums alread}~ rullected from Rorrow~er which exceeded permitted limits will be refunded to Borrow~er. Lender map choose to make thiti refund h~ reducing the principal owed under the Note or by making a direct payment to Borrow•er. If a refund reduce~ ~rinriral, the reduction ~cill be treated as a partia! prepayment without any prepayment charge under the Note. 13. Legisfation APfeeting Lender's Rights. If enartment ur exriraticm ~~t~ applicable la~rs has t!?e efFect of rendering any provision of the Note or this Security L~strument unenfi~rceable acrording ~o its terms, Lender, at i[s option, ' may require immediate pay~ment in full ol' all sun~s secured by thi` Scrurit~~ Inttrument and ma~• im•okc a:iy remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the sterti ~rrcified in the tieco~:d paragraph of paragraph 17. 14. Notiees. Any notice to Borrrn~~er provided for in this Securiry Intitrumrnt ~hall be gi~~en b~~ deti~~ering it or by mailing it by first class mail unless applicable 13w requires use ~f another method. ~I~hr ni~tice shall tx directed io the Property Address or any other address Borrower designates by noticc to Lender. An~ n~~tic~ t~~ Lender shall be given by first class mai) to Lender's address stated herein or any other addrrss Lcnder drsignate. h~ notire tc~ (3orrow•er. Any notice provided for in this Security Instrumeni shall bt: deemed to have bcen gi~~en t~~ Rorro~~rr ~~r Lrnder a•hrn given as pro~~ided in this paragraph. 15. Governing Law; Severability. 'fhis Securit}• Instrument shall hr g~~~~rned h~ federal ia~?~ and the la~~ of'the jurisdiction in which the Property is located. In the event that any provision or rlause c~f thi~ Serurity Instrument or the Note conflicts with applicable law, such conflict shall nol affect other pnn~isions of this Serurit~ Intitrument or the Note which can be given efi'ect without the conflicting provision. To this end the provisions uf thi~ Securit}• In~trument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed cop~~ c~f thc Notr and uf thiti Securi~~~ Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or ai»~ part ~~f thr Nr~~~erty or an}~ interest in it is sold or transferred (or if a beneficial interest in Borro~ver is sold or transfcrred ~nd Bc~rr~~~ser is not a natural person) without Lender's prior written consent, Lender may, at itti uplion, require immt_diate rayment in full of all sums secured by this Security Instrument. However, this option shall no~ t~e: e~erciscd b~~ Lender if ezerrisr is prohibited by federal law as of the date of this Security Instrument. If Lender exereises this option, Lender shall give Borrower notice c~f acreleration. The n~tice ~hall ~rc~~~ide a pericxl . of not less than 30 days from the date the notice is delivered or mailed a~ithin w•hich Bc,rr~nrrr mu~t ~ay all sum~ tiecured b~~ , this Security Instrument: If Borro~ver fails to pay these sums prior to the expiration of t hi~ pc:ric~ci, Lender ma~~ in~~uke aiey remedies permitted by this Security Instrument without further notice or demand on I3e~rm~i~cr. ~ 18. Borrowet's Right to Reinstate. If Borrower meets certain conditi~ns. I3orro~cLr shall have the right to havr enforcement of this Security Instrument discontinued at any time prior to the carlier of: (a) 5 days (or such other ~riod as applicable law may specify for reinstatement) before sale of the Property pursuant to any ~wer of sale contained in this Sec~rity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions arr that Borrou•er: (a) pays Lender all sums which then would be due under this Serurity Instrument and the Note had no acceleration ' occurred; (b) cures an}~ default qf any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but n~~t limited to, reasonable attorneys' fees: and (d) takes ~uch action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and'Qc~rrow•er's obligation ro pay the sums secured by this Security Instrument ~hall continue unchanged. Upon reinstatement b~~ Borrower, this Security Instrument and the obligations secured hereby shall remain fully efTective as if no acceleration had occurred. How•ever, thi~ right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. ~~osz~ ~~ossi . . t .