HomeMy WebLinkAbout0934 . ~
. ;
If I.ender rcqui~od mortgage i~surance as ~ a conditioo of making thc loan securcd by this Security Instrumc~t, .
I3orrowcr shall pay the prcmiums ~equired to maintain the insurancc in e(i''cct undl such dme as thc rcyuiremcnt for Uic ;
insu~ancc tcrminatea in accordance with 13orrowe~'s and Lcnder's wrilten agrccmcnt or applicablc law. 3
8. Inspection. Lender or its agent may mako reasonahlo entries upon and inspecdons of lhe Property. I.cnJcr ;
sh~ll give liorrower notic~e at the dme of or prior to an inspection specifying reasonable cause far the inspection. i
9. CondcmnAtion. Thc ptocccds of nny award or claim for damages, di~cct or conscqucndal, in connccliun witli #
any condcmnation or othcr taking of any parl of thc Property, or for conveyancc in tieu of co~dcmnatian, arc hcrcby ~
assigncd And shall bc paid to Lendcr.
fn the event of a total taking of U~e Propeny~ the procecds shall he applied to the sums socured by this Security 3
lnstrumcnt. whclher or not thcn due, wilh any exccss paid to Qorrowc~. In thc evcnt of a partial taking of lhe Propc~ty. ~
unless 13urrower and Lender otherwise agree i~ writing. the sums aecured by this Security Instrumenl shall he reduceil hy ~
Uic amount of thc procceds mulGplicd by thc following fracGon: (a) thc total amount of thc sums sccurcd immcdintcly
heforc thc taking. divided by (b) the fair market value of tt~e Property immediately befo~e thc taki~g. Any b:~lance shall hc
paid to 13orrowcr.
If the I'roperty is abandoncd by liorrower. or if, atter notice by Lender to I3orrower tha~ the condcmnor olTcrs ~o
make an award or seUle a claim Cor damages, Borrower fails to respond to l.ende~ within 30 days aRer the date tiie noticc
is givcn. t.ender is aulhorixed to collocl and apply the procecds. at its optlan, either to restoration or ropair of tt~e Propcrty
or to ttie sums secured by this Security instrument. whether or not then due.
Unicss I.crtdcr and Qorrowcr othcrwisc agrcc in writing, any application of procecds to principal shall not cxtcnJ or
postpone the Jue date oT lhe monthly payments referred to in paragraphs l and 2 or change the amount of such payments.
10. l3orrowcr Not Rcicascd; Horbcarancc liy I.cndcr Not ~ Waivc~. Extcnsion oP thc timc for paymcn~ ar
modification of amorti7aUon of lhe sums securecf by this Security Instrument granted by Lender to any successor in
intcrest of 13orrowcr shall not opcra:c to rclcase the liability of the origina) (iorrower or [iorrower's succcssors in intcrest.
l.ender shail not be required to commence proceedings against any successor in interest or refuse to exlend time fi~r
payment or otherwise modify amortizaGon of thc sums secured by this Sccurity Instrument by reason of a~y dcmand madc
by tt~e original [iorrower or porrower's successors in interes~ Any forbearance by Lender in exercising any right or remeJy
shali not bc a waivcr ot or prcclucic the cxcrcise of any right or remedy.
11. Succcssors and Assigns I3ound; Jofnt and Scvcra! I.iability; Co-signrrs. Thc covenants and agrccmcnis ot
this 5ecurity InsUUment shalt bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions
of paragraph 17. Ilorrower's cavenants and agreements shall be joint and several. Any llorrower who co-signs this Security
Instrument 6ut does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and com~ey
Uiat Dorrowcr's intcrest in the Property u~Jer thc terms of this Security lnstrument; (b) is nol pcrsonally obligatccl to p~y
tl~e sums secureci by this Secu~ity Instrument; and (c) agrees that Lender and any oU~er [i~rrower may agree to exte+~J,
modify. forbcar o~ makc any accommodaGons with rcgard to thc terms of this Sccurity lnstrumcnt or thc Notc with~ut .
that (3orrower's conscr~t.
12. Loan Char~es. If the loan secured by this Security lnstrumenl is subject to a I:iw which sets maximum lo:~n
charge~. and that law is finally interpreled so that the interest or other loan charges collected or to be collected in
connection with the (oan exeeed the permitted limits, then: (a) any such loan charge shall be reduced by the amaunt
necessary :o reduce the charge to the permitted limit; and (b) any sums alreaJy coNtcted fmm IIorrower which exceeJed
permitted limits wiil be refunded to 8orrower. Lender may choose to make this refund by reducing the principal owcd
under the \ote or by making a direct payment to Dorrower. lf a refund reduces principal, thc reduction will be treated as a
partial prepayment without any prcpayment chargc under tt~e IVote.
13. l.cgislation A1TcCtin~ I,cndcr
s Rights. If cnactmcnt or expirauon of applicablc laws has thc cfTcct of
rendering any provision of the 1~'ote or this Security Inswment unenforreabte according to its terms, Lender, at i~s optiun.
may rcyuirc immcdiate payment in tul! of all sums securcd by this Sccurity tn~trument and may invoke any remedics
permit~eJ by paragraph 19. If l,ender exercises li~is opGon, I.ender shall take the steps specified in the second paragraph of
paragraph 17.
14. ~'otices. Any notice to i3orrower provided for in this Security Instrument shall he given by delivering it or hy
mailing il by first class mail unless applica6lc law requires use of another method. "17te noGce shall be directed to U~c
1'roperty ndJress or any other address l3orrower designates by noGce to l,ender. Any nodce to Lender shall be given hy
first class mail to Lender's address stated aerein or any other address Lender designates by nouce to Uorrower. My notice
providcd fo~ in this Sccurily Instrumcnt shall be decmcd to have been given lo I3orrowcr or I.ender whcn givcn as providrd
in this p~ragrapfi. .
15. Govcrnin~ l,aw; S~wcrxbility. "I~his Security Instrumcnt shatl be governed by fcdcrai law and thc law of ~lic
jurisdicdon in which ~he Property is located. In the event that aoy provision or clause of this Securiry Instrument or ~hc
I\'otc con(licts with applicablc law. such contlict shall not a(Tcct othcr provisions of this Sccurity Instrumcnt or thc Notc
which can be given e(Tect without the con(licGng provision. To this end the provisions of U~is Security Instrument ~nd thc
' iVotc arc dcclarcd to bc sevcrablc.
i 16. I3otrower
s Copy. Borrower shall be given one conformed copy of the i~'ote and of this Security Instrument.
' 17. 't'ransfer of the Property or a Bencficial Intercst in Borrower. If all or any part of the Propcrty or ~ny
~ intcreat in it is sold or transferred (or if a bencficia! interest in tiorrower is sold or transferred and (3orrower is not a natural
4 person) without l.ender's prior written conscnt. Lendcr may. at its opGon, require immcdiate payment in full of all sums
f secureJ by this Security Instrument. llowever. this opGon shall not be exercised by Lender if exercise is proliibited hy
; federal law as of the date of this Securiry Inslrument. ~
i If Lendcr exercises this opGon, Lender shalt give l3orrower notice of acceleration. The rtotice shall provide a perioJ ,
~ of not Iccs th~n 30 days from the date the noGce is delivered or mailed within which Borrower must pay all sums iccured hy
~ this Scrurity IRSUumen~ If Borrower fails to pay thcse sums prior to the expiration of this pcriod. Lender may invokc any
remedicc permitted hy this Security Instrument wi?hout further notice or demand on Borrower.
~ 1$. Norrowcr's Right to Rdnstatc. If t3orrower mcets ccrtain condiGons. Borrowcr shall have thc right to havc
enforcement of lhis Security lnswment disconGnued at any Gme prior to the earlier of: (a) S days (or such other period as
applicable law may spccify for rrinstatcment) brfore salc of the Property pursuant to any p~wer o{'sale contained in Q~is
Security Inswment; or (b) CRlfy OT 0 jUC~gf11CA1 CDTOfC1D~ 1F115 Security Instrument. Those condiGons are that I~orrowcr.
(a) pays I.cnder all sums which then would be duc under this Security Instrument and the Note had no acceleration
occurred; (b) cures any default oP any other covenants or agreemtnts; (c) pays all expen~es incurred in enforcing tl~is
Security lnswment. including. hut not limited to. reasonable attorneys' tees; and (d) takes such acGon as Lender may
rcasonably require to assure that the lien of this Security lnstrumcrtt. l.cnder's rights in the Propcrty and l3orrowcr's
obligation to pay the sums secured by this Security )nstrument shall conGnue unchanged. Upon reinstatemcnt by
I3orrower. this Security Instrument and the obligaGons secured hereby shall remain fully elTective as if no acccleralion had
occurred. I lowever. this right to reinstate shal) not apply in the case oP acceleraGon under paragraphs 13 or 17.
eooK 5.41 ~~E 934