HomeMy WebLinkAbout0956 Y-~~7 If I.ende~ required murtgage insurance as a conditiun uf making the toan secured by this Serurity ln-
scrumenc, Borruwer shall pay the premiums required co maintain che insurance in ~ffecc uncil such cime as a requirement for
the insurance terminates in accordance with Horrower's and Lender's written agreement or applicable law. ~
' S. Inspection. Lender or ics age~t may make rcasonable entries upo~ and inspectiuns of the Property. l.ender shall
give Bc~rrower nocice ac che cime of or prior cu an inspection specifying reasonable cause for che inspeccion.
9. Condemnation. The proceeds of any award or claim for damages. dirett or consequential~ in connection wich any
condemnation or other takingof 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 procceds shall be applied cu the sums secured by this Securicy
lnscrument, whether or noc then due. wich any excess paid co Borrower. In theeveo[ of a partial caking of che Propercy. untess
Burrower and I.ender otherwise agree in writing, che sums sccured by this Security Inscrument shall be reduced by the amounc
of che proceeds multiplied by the following fracciun: (a) the total amount of the sums secured immediacely before taking,
divided by (b) the fair market value of che Property immediately btfore che taking. Any balance shall be paid to Borrower.
If che Property is abandoned by Borrower, or if. af ter notice by Lender to Bc~rrower thac che condemnor offers co make
an award ur settle a claim for damages, Borrower fails to respond to l.ender within 30 days after the dace che notice is given,
Lender is auchorized co collect and apply che proceeds, ac ics option. eicher co restoracion or repair uf che Prupercy or co the
sums secured by ~his Seturicy lnstrumenr~ whether or not then due.
Uc~less Lender and Borrower otherwise agree in wricing, any applicacion of proceeds to principa! shall noc excend or
postpone the due date of the monchly payments referred co in paragraphs l and 2 or change che amounc of such paymencs.
10. Borrower Not Relessed; Forbearance By Ixnder Not a Waiver. Exte~sion of the cime for payment u~
modification of amorcizacion of che sums secured by chis Seceuity lnscrument granted by Lender co any successor in inceresrof
Borrower shall noc operate co release the liability of cheoriginal Borrower or Borrower's successors in interest. Lender shaU
noc be required to commence prcxeedings againsc any successor in interest or refuse co excend cime for payment or otherwise
modify amortization oE the sums secured by this Security lnstrumenc by reason of any demand made by the original Borroaer
or Borrower's successors in interesc. Any forbearance by Lender in exercising any righc or remedy shall noc be a waiver of or
preclude che exercise of any righc or remedy.
11. Successors and Assigns Bound; Joint s~nd Several Liability; Co-signers. Thecovenancs and agreemencs of this
Securicy Instrument shall bind and benefic che successors and assigns of Lender and Borrower, subjecc co the provisions of
paragraph 17. Rorrower's covena~ts and agreemen~s shal) be joinc and scveral. Any Borroaer who co-signs chis Securicy
lnscrument buc does not execuce the Noce: (a) is co-signing chis Securicy Instrumenc only co morcgage. grant and convey chac
Borroarer's incerest in che Propercy under che terms of chis Securicy Instrumenc; (b) is nuc personally obligated co pay the
sums secured by chis Security Inscrument; and (c) agrees chat l.ender and any ocher Borrower may agree co excend, modify,
forbear ~r make any accommodariuns wich regard co che terms of this Securicy Inscrumenc or che Noce wichouc chac
Borruwer s consenc.
12. Loan Chsrges. If che loan secured by chis Sccuricy Inscrument is subjetc co a law which secs maximum loan
charges. and that law is finally incerpreted so thac the incerest or ocher loan charges coltected or co be collecced in conneccion
wich che loan exceed che permicced limits, chen: (a) any such loan charge shall be reduced by che amounc necessary co reduce
che charge co che permicced limit; and (b) any sums already collecced from Borrower which exceeded permitced limics will be
refunded co Borrower. Lender may choose co make chis refund by reducing che principal ~aed under the Noce or by making a
~ _ direcc paymenc co Borrower. If a refund reduces principal, the reduction will be treaced as a partial prepaymenc withuuc any
prepaymenc charge under che Noce.
13. I.eg~slation Affecting I.ender
s Righcs. lf enaccment or expiration of applicable laws has che effecc of rendering
any provision of che Noceor this Securicy Inscrumenc unenforceable according co its cerms, l.ender, ac ics opcion, may require
immediate payment in ~full of all sums secured by this Security Instrumenc and may in~oke any remedies permicted by
paragraph 19. lf Lender exercises chis option, I.ender shall cake che sceps specified in che second paragraph of paragraph 17.
14. Notices. Any nocice co Borrower provided for in this Securicy lnscrumenc shall be given by delivering it or by
mailing ic by firsc class mail unless applicable law requires use of another method. The nocice shall bedirecced co the Propercy
Address or any ocher address Borrower designaces by nocice to Lender. Any nocice co l.ender shall be given by firsr tlass mail
co I.ender's address scaced herein or any other address I.ender designaces by notice co Borrower. Any notice provided Eor in
chis Securicy Inscrument shall be deemed co have been given co Borrower or Le~nder when given as provided in chis paragraph.
15. Governing Law; Severability. This Security Instrumenr shal) be governed by federal law and che law of the
jurisdiccion in which che Property is locaced. (n cheevenc char any provisionorclauseof chisSecuricy Inscrumenc or che Noce
conflicts with applicable law, such conflicc shall not afFect other provisions of this Seauity lnstrument or the Note which can
be given effecc wichouc che confliccing provision. To this end che provisions of chis Security Inscrumenc and che Note are
declared co be severable.
16. 8orrower's Copy. Borrower shall be given one conformed copy of che Note and of chis Securicy Inscrument.
17. Transfer of the Property or a BeneEicial Interest in Borrower. If al) or any parc of [he Property or any
inceresc in ic is sold or cransferred (or if a beneficial interest in $orrower is sold or cransferred and Borrower is not a nacura!
person) wichouc Lender's prior writcen consenr~ Lender may, ac ics opcion, require immediace paymenc in full of all sums
secured by chis Security Inscrumenc. However, this opcion shall noc be exercised by Lender if exercise is prohibiced by Eederal
laa as of che dace of chis Security Instrumenc.
If I.ender exercises this option, Lender shall give Borrower nocice of acceleracion. The nocice shall provide a period of
noc less chan 30 days from the dace the nocice is delivered or mail~ed aichin which Borrower must pay all sums secured by chis
Security Instrument. lf Borrower fails co p~y these sums prior co che expiracion of chis period, I.ender may invoke any
remedies permicced by chis Security Instrumenc aichouc further nocice or demand on Borrower.
18. Horcower's Right to Reinstate. If Borrower meets crrtain conditions. Borrower shall have che righc co have
enforcemenc of this Securiry Inscrument disconcinued ac any cime prior to che earlier of: (a) 5 days (ur such ocher period as I
applicable !aw may specify for reinstacement) beEore sale of the Property pursuanc co any power of sale concained in this Se• ~I
curity lnscrumenc; or (b) encry of a judgme~t enforcing this Securiry lnscrument. Those conditions are chac Borrower: (a)
pays Lender all sums which then would be due under this Security Inscrumenc and che Note had no acceteration cxcurred; (b) :
cures any default of any other convenancs or agreements; (c) pays all expenses incUrred in enforcing chis Security Instrumenc, ~
including, but not limited to, reasonable attorneys' fees; and (d~ cakes such action as Lender may reasonably require co as- s
sure chac che lien of chis Security Instrument~ Lender's rights in the Propercy and Borrower's obligation to pay the sums ~
secured by [his Security Ins~rument shall continue unchanged. Upon reins~acemenc by Borrower, chis Security Inscruinenc ~
and che obligacions secured hereby shall remain fully effective as if no acceleration had occurred. However, this right co
reinstace shall noc apply in the case of acceleration under paragraphs 13 or 17. j
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