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HomeMy WebLinkAbout0925 . ~ ~ - , ~ ~ : If Lender requited mortaaae insurance as ~ cnn~iitinn ~f m91~~~o Thw Inan cw~~~~ri ~ii ~ti~e Gr~~~~ j~~~~~~~~_~ _ Borrower shall pay the prtmiums requircd to maintain the insurancc in eRect until such time as the requirement for the insurance terminates in accordance with Horrowe~'s and Lender's written agreement or applicable law. : 8. IospecNoa. Lender or its agent may make reasonable entrics upon and inspections of the Propeny. Lender ~ s all give Bonower notice at the time of or prior to an inspection specifying eeasonable cause for the inspection. 9. Ca~demnation. The proceeds of any award or claim for damages. direct or consequentiai. in connection with any condtmnation or other taking of any part of the Propeny~ or for conveyan~e in litu Qf condemnation, are hereby assigned and shall be paid to Lender. , ln the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Se~urity InstrUment, whether or not then due, with any cxcess paid to Borrower. In the event of a partial taking of the Propeny, unless Borrower and I.ender otherwise agrce in writing, the sums secured by this Security lnstrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the totai amount of the sums securc+d immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Bonower. If the Property is abandoned by Borcower, or if~ after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days aRer the date the notice is given. Lender is suthorized 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 Borcower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date ot'the monthiy payments referred to in paragraphs i and 2 or change the amount of such payments. 1(1. Borrower Not Releaaed; Forbearance By I.ender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security lnstrument granted by Lender to any successor in interest of Borcower shall not operate to r~lease the liability of tt~e original Horrower 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 lnstrument by reason of any demand made by the original Borrower or Borrower s successors in interest. Any forbearance by Lender in eaercising any right or remedy shall not be a waiver of or preclude the eaercise of any right oT remedy. /1 Cunnat~w.m sw.1 ?.•5....~ n......J. T..l.~a ~~J O_____l T!_Ll~f."' l~' TL . ' " • ~ - -c==: c»= .-,~.:p::r. «.:.a::.:~ ~::;.-.i .;..:~.wa i.:wvi::ij~ i.v=HG~c~a. iuc ~:v~cuaui5 niw n~iCTlllCtllJ UI 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 Borrower who casigns this Security Instrument but does not execute the Note: (a) is casigning this Security Instrument 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 I.ender and any other Borrower may agree to extend, modify. forbear or make any accommodations with regard to the tefms of this Security Instrument or the Note without that Borrower's consent. ~ 12. Goan 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 inte~est or other loan charges collectod or to be collected in ~ c-ennection with ihe !~~n t.=.~cted :he ~:sr.itted !im':ts, ih~:.: (a) any such ..;w;~ ?a;g~ s;a!! ~ r~:~r,~.i by the amount ; necessary to reduce the charge to the permitted limit; and (b) any sums already coltected from Borrower which eaceeded ' permitted limits wil) be refunded to Borrower.,Lender may choose to make this refund by reducing the principai 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 prepaymtnt charge under the Note. . ~ i 13. I.eglslation Affeettng L.ender's Rigi~ts. If enactment or expiration of applicable laws has the effect of i rendeting 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 Lendec exercises this option, Lender shai! take the steps specified in the second paragraph of paragraph 17. 14. Notiees. Any notice to Borrower provided for in this Security lnstrument 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 L.ender. Any notice to Lender shall be given by first class maii to Lender's addrcss stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shail be deemed to have been given to Borrower or I.ender when given as provided in this paragraph. ~ 15. Gorerning I.aw; Sererability. This Security Instrument shall be governed by federal Iaw and the law of the jurisdiction in which the Property is located. In the event that any provision ar clause of this Security Instrument or the Note conflicts ~with applicable law, such conflict shall not affect other provisions of this Secerity Instrument or the Note which can be given eflect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. l6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of ihis Security Instrument. 17. T~ansfer o! tbe Prope~ or # BeoeflcW Ieter~st to Aorrowsr. If all or any part of the Property or any interest in it is sold or transferred {or if a beneficial interest in Borcower is sold or transferred and Borrower is not a natural I; 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 eaenised by Lender if exercise is prohibited by = ~ tederal !aw as of the date of this Security Instrument. ~ j lf Lender exercises this option~ I.ender shall give Borrower notice of acceleration. The notice shall provide a period E of not less than 30 days from the date the notice is de{ivered or mailed within which Bonower must pay all sums secured by ~ this Security Instrament. tf Borrower fails to pay theu sums pri~r to the expiration of this period, Lender may invoke any ~ ~ ~ remedies permitted by this Security Instrument without further notice or dtmand an Borcower. 18. Borrower's Rig6t to Reinstate. If Borrower mats certain conditions, Borrower shap have the right to have enforcement of this Sacurity Instrumrnt discontinuod at any time prior to the earlier of: (a) S days (or such other period as , applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sa{e contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrumeat. Those conditions are that 8orrower: (a) pays Lender all sums which then would be due under this Socurity tnstrumrnt and tht Note had no acceleration ' or.currod; (b) curcs any default of any other covenants or agraments; (c) pays al! expenses incurrod in enfoc+cing this Security Instrument, including, but not limitod to, reasonable attorneys' fea; and (d) tekes sach action as I,ender may re~sonably require to assure that the lien of this Socurity instrument, Lender's rights in the Property and Ho~rower's obligation to pay the sums securcd by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower. this Security Instrumtnt and the obligations securod hereby shall remain fully eft'active as if no aeceleratioa had occurred. However, thia right to ranstate shall not apply in the case of acceleration under paragrapha 13 or 17. . ~0 5 31 P~0 9 2 4 ~ gooK 51~J Pac~2,'Q;,~ , ~ t: ~ x~~ - , . . . . _ . . . _:~?^R-^~7?.';E3.?!Y?" ,.~3~,~_.z _