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HomeMy WebLinkAbout0917 v • ' :i i . f ~ , It Lender required mortgage insurance as a condition ot makingthe loan secured by this Securrty InstrumenL Barower shall pay the premlums required to maintain the insurance in efted uMil such time as lhe requUement for lhe insura~ce terminates ~ acoordance with Barower's and Lender's w?itten agreement or ~plicable law. e. Itqp~Ctbn. Lender or its agent may make reasonable entries upon and inspections d the P~operty. Lender shall give Borrower notice at lhe time ol or pria to an mspedion speciying ~easonable cause lor the i~spection. Cond~mnNlon. The oroceeds oi any award or claim for damages, dired or ~consequential, in connection with arry condemnation or other taking of any pa?t of the P~operty, or fo~ conveyance in lieu ot oondemnation, are hereby assig~ed and shatl be paid !o lender. c . , ~ In the event of a totel taki of the Pro i ng perty, the proceeds shall be applied lo the sums secured by this Security I~utrument, whether or not then due, with any excess paid io Bortower. In the event of a partial taking of the Property, uMess Borrower and Lender otherwise agree in w~iting, the sums securc~d by thts Securiry Instrument shatt be reduced by the amount of the proceeds multiptied by the tollowing f~action: (a) Ihe tdal amount ot the sums secured immediatey before the iaking, divided by (b) the fair ma~cet value of the Prope~ty immediatety before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Bor~ower, or 'rf, after notice by lender to Bwrower that the condemnor o(lers lo make an award or seitle a claim tor damages, Borrower fails to respond to Lender within 30 days aitef the date the nolice is given, ~ender is autho: ~~d !o caollect and apply ihe proceeds, ai its oplior~ either to ~estoration or ~epair of ihe Property or to the sums secured by • thls Seoutityr Inst~ument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application ot proceeds to princip4! ~!+~!I not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 to change the amount oi such payments. 10: BorrrovrK Not Rt ~ai . FQ,~b~~anp 8y t.~ndK Not a Wahr~r. Exlension ot the time tor payment or modification o . ! ,~',s ~ of amatization of the sums secw_r~d~by this S~~urity Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the Ii~lAtyC ,Qf~t he,oriQin~YBorrower or Borrower's successors in intere,st. Lender shall not be required to ~ commence proceedings against any ~u~cessor in interest or refuse b extend time far payment or otherwise modity amortization of the sums secured by this Security Instrument by reason ot any demand made by the original Borrower a 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. 8ucwsson and Aasl~ns Bounc~ Jolnt and SwKN Lfablllty; Co-W~n~rs. The covenanis and agreements of this Security Instrumenl shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants a~d agreements shall be joint and several. Any Borrower who co-signs this Security . Instrumeni but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Insirumenl; (b) is nd personaly obligated to pay the sums secured by this Security Instrument; and (c) ag~ees that Lender and any other Borrower may agree to extend, modi(y, forbear or make any acoommodations with regard to the terms of this Securiry Instrument or tt~ `:~te without that Borrower's consent. 1~. Losn Chsr~a. It the loan secured by this Securiry Instrument is subjed to a law which sets maximum ban charges, and that law is finally mterpreted so that the interest or olher loan charges collected or to be collected in oonnection wilh 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 timit; and (b) arry sums already colleded from Borrower which exceeded permiried limits will be retunded to Borrower. Lender may choose to makethis refund by reduang the principal owed under the Noteor by making a direct payment to Borrower. If a refund reduces principal, ihe ~eduction will be treated as a partial prepayme~t without any prepayment charge under the Note. 13. Lepbl~lon AH~dln~ I.~ndN's RI~hU; If enactment or expiration of applicable laws has the effed of rendering any provision oi the Note or this Securily Instrument unen(orceable accordng to its terms. Lender, at its option, may requ'ue immediate payment in full of a!I sums secured by this Security Instrument and may invoke any remedies permitted by paraqraph 19_ If Lender exercises this option, Lender shall take the steps specified in the seoond paragraph of paragraph 17. 14. Notlees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by 6rst class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address a any - other address Barawer designates by nolice to Lender. Any notice to Lender shall be given by first class mail to Lendei s add: ~ss stated herein w 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 a Lender when given as provided in this paragraph. ~ 15. ~iovsrMn~ Law; 8evKablflty. This Security Instrument shall be governed by tederal law and the law of the jurisdiGion in which ihe Property is located. In the event that arry provision or ctause of this Security Instrument or the Note conflids with applicabte law, such conflict shall not affect other provisions oi ihis Security Instrument or the Note which can begiven eHect wiihout the conflicting provision. To this end the provisions of this Security Instrument a~d the Noie are declared to be severable. ~ 16. Borrow~r'a Copy. Borrower shall be given one conformed oopy of tf~ Note and of this Securiry fnstrument. ~ 17. Tnnsfer of the Pro ~ p~rty or a Ben~fldal Int~rest M Borow~r. Ii all or any part of the Property or any interest in rt is ~ sold or trensferred (or'rf a beneficial interest in Borrower is sold or trans(err8d and Borrower is not a natural person) without Lender's ~ pria written consent, Lender may, at As option, require immediate payment in tull of all sums secured by this Securiry Instrument. ` ~ Nowever, this option shall not be exercised by Lender 'rf exercise is prohibited by fE~sral law as of the date of this Security ~ ; lnstrument. ~ ' If Lerid9r exercises Ihis option, Lender shatl give 8orrower nolice of acceleration. The notice shali provide a period of not ' E less than 30 days from the date the notice is delivered or mailed within which Borrower must pay atl sums secured by thi~ Security ~ Instrument. I( Borrower tails to pay these sums prior to the expiration of this period, Lender may ir~:oke any remedies permitted by ! this Security Instrument without further notice or demand on Borrower. ~ 18. Borrow0r's pI~M to RNtestMl. If Sorrower rr~ets ceRain conditions, Borrower shall have the right to have ~ enforcement of this Securit Instrument disoorriinued at an time rior tothe earlier of: a) 5 days (or such other eriod as a ; Y Y P ( P PP~icable law may specity for reinstatement) be(ore sale of the Property pursuant to any power oi sale oontained in ihis Security Instrument; I or (b) eniry oi a judgment enforcing this Securrty Instrument. Those cond~tions are that Borrower. (a) pays Lender all sums which ~ then would be due under this Security Instrument and the Note had no acceleratbn occurred; (b) cures any deiault of any other ~ covenants or agreements; (c) pays all expenses incurred in eniorcing this Security Instrument, inGu~ng, but not Gmited to, j reasonable attomey's (ees; and (cn takes such action as Lender tnay reasonabty require to assure that the lien of th~s Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall ' continue unchanged. Upon reinstatement by Bwrower, this Security Instrument and the obligations secured hereby shall remain ~ _ fully eNective as 'rf no acceleration had occurred. However, this right to reinstate shall nat apply in the case of acceleration under ~ paragraphs 13 or 17. ~ ~ ! ~ , I . ~v ~O 9~' p a«~a,..obo~, a,?a e~ m.r w w.e aea¢p wr s.c a t~aoQ? Pc . _ . - - : - - - - _ . . - . _ . - ,--:r----------_