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HomeMy WebLinkAbout0979 ~ ~ If Lender required mortgage insurance as a condition of making the loan secured by this Secu~ity Instrument, Barrower shall pay the premiums required to maintain the insurance in efftct until such time as the requirement for the insurance terminates in accordance with Borrowef's and Lender's written agreement or applicable law. 8. Inspectton. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shali give Borrower notice at the time of or prior to an inspection specifying rcasonable cause for the inspection. 9. Condemnation. The proceeds ot any award or claim for damages, direct or consequential, in connection with any candemnation or other taking of any 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 Property. the proceeds shall be applied ta 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 thc Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amuunt ot 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 before the taking. Any balance shal! be paid to Borrower. If the Property is abandoned by Borrower, or if, aRer notice by Lender to Borrower that the condemnor oflers to make an award or settle a claim for damages> Borrower fails to respond to L.ender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, 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 proceeds 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 By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instr~ment granted by Lender to any successor in interest of Borrower 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 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 and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of I,ender and Borrower, subject to the provisions of paragraph 17. Borrow~er'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 lnstrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms af 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 collected in connection w~ith the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limi~; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wili be treated as a ; . partial prepayment without any prepayment charge under the Note. 13. Legislation Atfecting Lender'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 ezercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. ! 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by ' mailing it by first class mail unless applicable 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 - ~ 6rst class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice ' provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided ~ in this paragraph. ' 15. Governing Gaw; Severability. This Security [nstrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not aflect other provisions of this Security Instrument or the Note which can be given efCect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of'this Security instrument. - 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part 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) without Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums ~ secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If I.ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period ~ of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by ~ this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, I,ender may invoke any ~ remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Rigbt to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have ~ enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law• may sperfy for reinstatement) before sale of the Property pursuant to any power of sale contained in this g Security Instroment; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. ~ (a) pays L.endtr al! sums which then would be due under this Security Instrument and the Note had no acceleration = occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this • Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as I.ender may reasonably requiro to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's ' obligatic~n tv pay th~ sums sscursd t~y this S~oGUrity Instrument shs!! cc~ntintre unchanged. Upon reinstatemznt by ~ Borrower, this Security Instrument and the obligations secured hereby shall remain fully effoctive as if no acceleration had ~ occurred. However. this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 9 2 Q ~ BKO 5 3 0 PA6E0 0 ~ ..~~A.--" _ ~•'-~._.._:.~~~.ii•a_-. ..v~.ry ~ _ ._..ar . - " _ ' _ . _ . i-