HomeMy WebLinkAbout0982 if lender required mortgafle insurance as a condition of making the loan secured by Ihis Security Instrument, 8arower shall
pay the ptemiums required to maintain ihe insurance in efted uMil such lime as Ihe requ'aement for the i~surance te~minates in
~etx~sc!€~tc-~ s~ith 8erret~r's ~ttt! Lentl~'s ~sttitten a~: ~~st e~ ~p~;c~~ s la~:. -
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8. IMp~cilon. le~der or its agent may make reasonable entries upon and inspections d the Pioperty. Lender shall give
8arower notice at the time of or prior to an inspedion specifying reasonable cause Ior the inspection.
Cond~m~dlOn. The proceeds ot any awa~d or claim tor damag~, dired or consequential, in connection with arry
condemngtion or othe~ taking of any pah of the Property, or tor Corneyance In lieu ot oondemnation, are hereby assigned and shall
be paid to Lender. -
In the event oi a total iaking of the Property, the proceeds shall be applied to the sums secured t~r this Securiry Instrument,
whether or not ihen due, with any excess paid to Bw~ower. ln ihe event oi a partial taking of the Property, uMess 8orrower and
Lender olherwise ag~ee in w~iting, the sums secu~ed by this Securiry Instrument shall be reduced by the amouM ot the proceeds
multiplied by the following iraction: (a) the tdal amount of the sums secured immediately before the taking, divided by (b) the tair
ma~cel value of the P~operty immediatey betore the taking Any balance sha11 be paid to Borrower.
li the Properly is abandoned by B~xrower, or i(, after notice by Lender to:Borrower th~t the condemnor oBers to make an
award w seltle a claim for damages. Borrower iaits to respond to Lender within 30 days ~fter the date the notice is given, lender is
authorized to collect and apply the proceeds, at its option, either to restoration a repair of the Properry or to the sums secured by
ihis ~acurity Instrument, whether or not then due.
Uniess Lender and Borrower otherwise egree in writing, any application ot proceeds to principat shall not extend or
postpo~e the due date ot 9~e moMNyr..~~yt11Q~?ts reterred to in paragraphs 1 and 2 to change the amount of such payments.
10. 8onow~r Not 11~Itas~ Fb~aili~l}Ay L~ndK Not a Wahru. E~ension of the time tor payment a modification
ot amortization ot the sums~ecu~ed by this Seduitylt~tYt}ttient granted by Lender to any successor in interest of Barower shall not
operate b re(ease the liability of the original Borrower or Borrower's successors.in interesL Lender shall not be required to
_ commence proceedings against any successor in interest or refuse to extendtime tor payment or othe?wise modiy amortization ot
the sums secured by this Security Instrumer~t by reason of any demand made by the original Borrower or Bwrower'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. Sucasson and Assl~n; Boun~ Jolnt ~rtd 8hrsral LlaWlity; Co-sl~n~rs. The oovenants and agreements of 4his
Sea~rity Instrument sha11 bind and benetit the succes5as and assigns of Lender and Borrower, subject to the provisior~s of
paragraph 17. Borrower's covenants and agreements shall be joiM and several. Any Borrower who co-signs this Securiry
Instrument but does not execute the Note: (a) is oo-signing this Security Instrument only io morlgage, grant and convey that
Barower's interest in the Property under the terms of this Security Instrument; (b) is nd pefsonaly obligated to pay the sums
secured by this Security Instrume~t: and (c) agrees that Lender and any other Borrower may agree to extend, modity, torbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's oonsent.
1Z. Loan Chu~~s. If the loan secured by tFus Security Instrument is subje~t to a law which sets maximum ban charges,
and that law is finally interpreted so that the interest or other loan charges cotlected or to be collected in connection with the loan
~vCBS~ the ~esm'stted lim:~$. ~t2@ft; (8) 3~t f SUCh (Q3tt Ch~f~J2 Sh~11 ~8 fC-E.~2t~t~ ~'j 4~2 ~i^Gu~ :
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permitted limit; and (b) any sums atready oolleGed hom Borrower which exceeded permifled limits will be refunded to Borrower.
lender may choose to makethis refund by reducing the prinapai owed under the Noteor by making a direct payment b Borrower. If
a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
13. L~gblalton AN~dtns L~ndws Rl~hts. Ii enactment or expiration of applicable laws has the effed of rendering any
provision of the Note or this Seca~rity Instrument uneniotceable according to its terms, Lender, at its option, may ~equire immediate
- payment in (ull of all sums secured by this Securily Instrumenl and may invoke any remedies permitted by paragraph 19. If Lender
exercises Ehis option, Lender shall take ihe sieps specified in the second paragraph of paragraph 17.
1~. Notio~s. Arry notice to Borrower provided (or in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable law requires useof another melhod. The noticeshatl bedirectedtothe PropertyAddress a any
other address Borrower designates by notice to Ler~der_ Any ndice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Arry notice provided for in this Security Instrurnent
shall be deemed to have been given to 8orrower or lender when given as provided in ihis paragraph. -
15. GovKnln9 Law; 8etrKab{Ilfy. This Security Instrument shafl be governed by federal law and ihe law of the
- ~ jurisdiction in which the Properly is located. In the event that arry provision or clause otthis Security Instrument or the Note con(lids -
with applicable law, such conflict shall not affed other provisions of this Security Instrument a the Note which can be given eHect
without the conflicting provision. To this end the provisions of this Security Insirument and the Note are deGared to be severable.
18. BoROwers Cop~/. Borrovrer shall be given one conformed copy ot the Note and of this Security Instrument.
17. Transfar ot the l~rop~rty or a Benefldal tnterat In Borower. If all or any part of the Property a any interest in it is "
sold or tra~ferred (or if a beneficial interest in Borrower is sold or transierred and Borrower is not a natural person) without Lender's ~
prior written consent. Lender may, at its option, requi~e immediate payment in full ot all sums secured by this Security Instrument. ~
However, this option shall not be exercised by Lender if exe~cise is prohibited by federal law as of the date oi this Security
Instrument.
I( Lender exercises this option, lender shall give Bor~ower notice oi acceleration. The notice shaff provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Bor~ower must pay all sums secured by this Security
Instrument. Ii Bonower fails to pay these sums prior to the expiration oi this period, Lender may invoke any remedies permitted by
this Security Instrument without further notice or demand on Borrower.
18. Bonowa's RIpM to Relnstd~. If Borrower meets certain oonditions. Borrower shall have the right to have
entarcement of this Security Instrument discoMinued at arry time prior tolhe earlier of: (a) 5 days (or such other period as applicabte ~
law may speciiy for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Insirument;
or (b) entry oi a judgment eniorcing this Security Instrument. Those condtions are that Borrower: (a) pays Lender all sums which
then would be due under this Security Instrument and ihe Nole had no acceleration occurred; (b) cures any defauft oi any other F
covenants or agreements; (c) pays all expenses incurred in enforcing this SecurAy Instrument, indud~ng, but nd limited to,
reasonabte altorney's fees; and takes such action as Lender may reasonabty require to assure that the lien of this Security ~
tnstrument, Lender's rights in the Property and Borrovtirer's obligation to pay the sums secured bv this Security Instrument shatl
continue unchanged. Upon reinstaiement by Barower, this Security Instrument andthe obligations secured hereby shal! remain
• lufy effective as 'rf no acceleration had occurred. However, this righi to reinstate shaN not appty in ihe case of acceleration under
paragraphs 13 or 17.
$~0531 Pa~0981 ~..~a.~~~~„~
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