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HomeMy WebLinkAbout0943 ~ ~.~J . ~ If Lende~ required mortgage insurance as a condition of making the loan securod by this Socurity Instrument, Borrower shall pay thr premiums required to maintain the insurance in eRect until such time as the requirement for the insura~ce terminates in accordance with Borrowet's and I,ender'a written agrament or applicable law. 8. Inspection. L.ender or its agent may make reasonable entries upon and inspectiona of the Property. Lender shail give Borrower notice at the time of or prior to an inspectio~ apecifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or elalm for damages. direct or consequential~ in connection with , any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to LEndtr. In the event of a total taking of the Property~ the proceeds shaU be apptied to the sums securod by this Security I~str~tment, whether or not then due~ with any excass paid to Borrower. In the event of a panial taking of the Property. unless Borrower and l.ender otherwise agra in writing~ the sums securod by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the tollowing fraction: (a) the total amount of the sums secured immediately befoFe thc taking~ divided by (b) thc fair merket value of the Propeny immediately before the taking. Any balance shail be paid to Borrower. If the Property is abandoned by Bonower, or if~ aRer notice by Lender to Borrower that the condemnor ofters to make an award or settle a claim for damages~ Borcower fails to respond to I.ender within 30 days atter the date the notice is given, Lendcr is authoriud to collect and apply the proceeds. at its option. either to restoration or repair of the Property or to the sums secured by this Secucity Instrument. whether or not then due. Unless Lender and Borrower otherwise agra 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. Bonower Not Released; Forbearance By I.eader Not a Wai~er. Extension of the time for payment or modification of amortization of the sums socured by this Security Instrument g~anted by Lender to any successor in interest of Horrower shalt not operate to rele~e the liability of the original Borrower or Borrowe~'s successors in interest. Lender shall not be required to commence proccedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by L,ender in exercising any right or remedy shali not be a waiver of or preclude the eaercise of any right or romody. ll. Succes.ROra And Aasigns Bound; Joint and Se~enl Liability; Co-stgners. The covenants and agraments 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 ag~eemonts shall be joint and severai. Any Borrower who co-signs 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 ihe 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 of this Security Instrument or the Note without that BonowePs consent. 12. Los~n Chargea. 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 charga collected or to be collected in connection with the loan excced the permitted limits, then: (a} any such loan charge shall be r~duced by the amaunt necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which excooded permitted {imifs will be refunded to Honower. Y,ender may choose to make this refund by reducing the principal owed under the Note or by making a dirxt payment to Borcower. If a refund reduces principal. the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Aftectiag Leader's Right,~. If enactment or expiration of applicable laws has the efiect 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 L.ender exercises this option, Lender shall take the steps specified in the second paragraph of I paragraph 17. 14. Notices. Any notice to Bonower 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 L.ender. Any notice to L.ender shail be given by first class mail to L.ender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemai to have been given to Borrower or Lender when given as provided in this paragraph. 15. Goreraing Law; Sererabtlity. This Security Instrument sha11 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 Se:curity Instrument or the _ Note conflicts with applicable law, such conflict shaq not aRect other provisions of this Security Instrument or the Note which can be given etfect without the conAicting pravision. To this end the provisions of this Security Instrument and the Note are declared to be scverablc. 16. Borrower's Copy. Borrower shal) be givcn one conformed copy of the Note and of this Socurity Instrument. ~ 17. Traaste~ ot the Pm~erty or a Beaeflcial Intereat in Borrower. If all or any part of the Property or any (f~' terest in it is sold or transferred (or if a beneficial interest in Borrower is sold or tcansferred and Borrawer is not a natural ~ person) without Lender's prior written consent, Lender may, at its option, roquire immaiiate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibitod by federal Iaw as of the date of this Security Instrument. If Lender exercises this option, I.ender shall give Borcower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is deliverod or mailed within which Sorrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the eapiration of this period, Lender may invoke any remedies permittod by this Seeurity Instrument without further notia or demand on Borrower. 18, Bonower's Rig6t to Reie~ttte. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinuod at any tirne priar to the earlier of (s) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this ~ Security Instrument; or (b) entry of a judgment enforcing this Socurity Instrument. Thoae conditiona are that Bonower: ; (a) pays L.ender all 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 agrcements; (c) pays all expenses incurrod in enforcing this Security Instrument. including, but not limitod to, reaaonable attorneys' fas; and (d) takes such action as Lender may reasonably require to assure thst the litn of this Socurity Inatrument, Lenda'a righta in the Property and Borrower's obligation to psy the sums securod by this Security Inatrument shall continue unchanged. Upon reinatatemer?t by 8orrower. this Sccurity Instrument and the obligationa socurod hereby shall remain fully effoctive as if no aoceleration had occuned. However. this right to reinstate shall not apply in the case of acceltration: a hs 13 or 17 - ~~~~II~09~2 _ . ~ . - - - _ _ - ; ~ .