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HomeMy WebLinkAbout0979 t i '~f il ~ .1 f ; ~i If Lender required mortgage insurance as a Condition o( making the toan secured by thls Security Inst~ument, Borrower shali pay the preiniums required to mai~ltain the insurance in effect until such time as the ~equirement for the insurance terminates in accordance with 9orrowe"r`s and'Lenders written agreement or e~pplicabis law. 8. Inapection. Lender or its agent may mah~ ~easonable entries upon and insp~ctions oi the Property. Lender shall give Borrower notice~at the ttme of or prio~ to an inspect~on specifying reaso~Sabie cause for the inspection. ~ ~ 9. CondemnaNon. The proGeeds of any award or claim for damages, direct or consequentlal, in connection with ~ any condemnatlon or~other taking of any phn of 3Fie Propeny, or tor conveyarice ir1 lieu of condemnation, are hereby ~ I assigned and ~hall `be paid to Lender. " - ~ ~ : ! In the~event of°a totai~taking ofithe Prope'rty; the ~'rocesds sha!! be applled to the Sums secured by this Security m ~ Instrument, whether or nOt,then due,'with any 8xcess paid to Borrower, in~the event of a partiai taking of the Property, t uniess Borrower and Lender otherwise agree in writing, the sums secured by this Security Inshument shatl be ~ reduced by the amount of the proceeds muftiplied by the folfowing iraction: (aj the total amount of the sums secured N immediatety betore the taking, divided by (b) the tair market value of the Property immediately before the taking. Any o ; balance shall be pald to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to 8orrower that the condem~or offers to o . make an award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after tf~e tlate the E notice is given, Lender is authorized to co1lect and app~y the ~iroceeds, at its option, either to restoration or repair ot ; the Property or to the sums secured by this Security Instrument, whether or not then due. d' Unless Lender and Borrower otherwise agree in writing, any apptication of p~oceeds to principal shall not exiend or pos tpone t he due da te o f t he mon t h ly pay~nen ts re ferre d to in paragrap hs 1 an d 2 or c hange t he amount o f suCh A payments. 10; Bo~rowet Not qeleaaed; Forbearance By Lender Not a Waiver. Extension of the time for paymeni or modification of amortizatibn of~the sums secured by this Security Instrument granted by Lender to any succQssor in .Fd' interest of Borrower shall not _operate to release the liability of the original Borrower or Borrowet's SucceS$ors in ~ interesi. lender shal! not be required to commence proceedings against any successOr in interest or refuse to extend t~. time for payment of otherwise modify amortization of the sums secured liy this Secu~ity Instrumeni by reason of any demand made by the original Borrower or 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 oi any ~ight or remedy. ' 11: Successo~s and Assigns 8ound; Jolni and Several ltabillty; Co-aigner~. The covenants and agreements of this Security Instrument°shal) bind and benefit the successbrs and ass~gns of Lender an"d Borrower, subject to the ~ provisions of paragraph .17. Borrower's covenants and agreements shail be joint and. several. Any, Borrower who co-signs this Security lnstrument but iloes not execute fhe 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 tns#rument; (b) is not personally obligated to pay the sums secured by this Security tnstrument; and (c) agrees that Lender and any ~ other Borrower` may agree to extend, modify, forbear or make any accommodations vs?ith regard td the terms of this Security Instrume~t or the Note without that Borrower's consent. ~ 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum toan ; charges, and that law is finally interpreted so that the interest or other loan charges collected or ta be collected in ~ connection with the loan ezceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount ~ necessary to reduce the charge to the petmitted limit; and (b) any sums already collected from_Borrower,which exceeded permitted limits will be refunded to Borrower. lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. !f a refund reduces principal, the reduction will be treated as a partial_ prepayment without any prepayrnent charge under the Note. 13. Leg(slatipn Aftecting L.enders Rights. If enaciment or expiration of applicable laws has the eifect of ; rendering any provision of the Note~or this Security Instrument unenforceable according to iis terms, Lender, at 1ts option, may require immediate payment in full oi all sums secured by this Security Instrument and may invoke any ' ~emedies~ permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph, of paragraph 17. , 14. Noticea. Any notice to Borrower provided for in this Security Instrumeni shall be giVen by delivering it or by maiting 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 Lender. Any notice to Lender shall be given by tirst ctass mail to Lender's ~address stated herein or 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 or Lender when given as pr4vided in this paragraph. ~ 15. Gdveming Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that a~y provision or clause of this Security Instrument or the Note conflicts with appiicable taw, such conflici shall nvt affect olher provisions of this Security Instrument or the No#e which can be given effeci without the conflicting provision. To this end the provisions of this Security Instrument ~ and ihe Note are declared to be severable. I 16. 8orrower's Copx. Borrower shall be given, one conformed copy of the Note and of this Security Instrument. ~ 17. Transfer of the Propartj/ or a 8ertefictal lnterest in Borrower. If atl or any part of the Properry or any interest in ~ it is sold or transferred (or,if a beneficial interest in Borrower is sold or tranSferred and Borrower is no~ a natural G person) without Lenders prior written consent, lende~ may, at its option, require immediate payment in full of all ' sums secured by this Security Instrument. However, ihis opt+on shatl not be exercised by Lender if exercise is F prohibited by federal law as of the date of .this Securlty Instrument. !f Lender exercises this option; Lender shall give Borrower notice of acceteration.~The notice sha(I provide a ~ period of not Iess than 30 days from the date,the notice is delivered or mailed within which Bvrrower must pay alt sums secured by this Security tnStrument. If Borrower fails~to pay these sums prior to the expiration of this period, Lender ~ may invoke any remedies permitted by this Security Instrument without further notice or demand on Bor~ower. 18. Bor~owe~'s Right to Reinstate. tf Borrower meets certain conditions, Borrower shall have the right to have ~ ~ enforcement of this S~curity I~ist~ument disCdntinued at any time prior to the earlier of: (a) 5 days (or such other ; period as appticable I~w may specity tor reinstatemenf) before sale of ihe Property pursuant to any power of,sale ; ` conlained in ihis Security Mstrument; or (b) enti~ ot a judgment enfo~bing this Security Instrument. Those conditions ~ are that Borrower: (a) pays L' ender aH sums which f hen would be due underthis Security Instrument and the Note had ~ no acceleration occurr~d;.(b) cure~ any defau(t of any other covenants or agreements; (c) pays alf expenses incurred E in enforcing this Security Instrument,. including, but not Ilmited to, reasbnable attorneys' fees; and (d) takes such F action as Lender may reasonably. ~equi[e to .~sure that th'e Ifen of"~his`Security Instrument, Lender's rights in the ~ Property and Borrov~ier'~ obligation to paj~ th~ sums secured by this Security tnstrument shall continue ~nchanged. Upon reinstatement by Bdrrower, this Security Instrument and the bbli~ations secured hereby shall remain fully ~ effective as if no acceleration had occurred. However. this right to reinstate shall not apply in tFie case of acceleration under paragraphs 13 or 17. ~ i ~ t ~ . ~ ~ 3 ~~5~~ P~E09~~ ~ . -rr-->.-..-._~, ~ . _ , . . ._.~~.'.-'^.--z-~--' `:'-^"^"""„e'°r _ • .~w..+vt . . _ ' ' I' "1' i _ . - €AT..t`..~ . _ . . . . . , . . _ . . . -