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HomeMy WebLinkAbout0921 . ' j : ' ~ . ~ . ~ If Lcnder required mortgagr insarance ss ~t condition of malcing ths loan secured by this Security Inatrument~ Borrower shall pay the premiums requirod to maintain tha inau~ance in eQ'xt untii such time as tho roquirement for thc ~ insurance terminatcs in accordance with Borrower's and Lender'a written agreement or applieable law. 8. Intpecdon. I.tnder or its agent may makc reasonable entries up~n and inspections ol' the Property. Lendcr shall givc Borrower notice at the time otor prior to an inapection spocifying reasonable cauac for the inspxtion. 9. Coadeauwtioa. The proceeds of any awsrd or claim for damsgea, di~ect or consoquential~ in connxtion with any condemnation or other taking of any part of the Property. or for canveyanee 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 shail be applied to the sums secured by this Sscurity Instrument, whether or nat then due, with any excess ~id to Horrowe~. ln the evcnt of a partial taking of the Property, unless Borrawer and I,ender otherwis~ agra in writing, tbe sums secwed b~r this Security Iastrument shall be reduced by the amount of the procads multipGed ~by the following fraction: (a) the tota! amount of the sums socurad immediately before the taking, divided by (b) the fair market value of the Properiy immcdiately before the taking. Any balance shall tie paid to Borrowar. If the Property is ahsndonod by Borrawer~ or iF. after noticc by Lender to Borrower that the oondrmnor otfers to makt an awatd or scttle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, I.~nder is authorized to collxt and apply the procoods, at its option, either to restoration or repair of the Propeny or to the sums secur~d by this Security Instrument, whether or not the~ due. . Unless Lender and Borrower otherwise agroe in writing, any application of proceeds to principal shall not eatend or postpone thc due date of t6e monthly payments nferred to in paragraphs i and 2 or change thc amount of such payments. 10. Barro+ve~ Not Rele~tsed; Forbearance By 7xndtr Not a Wal~er. Eatension of the time for payment or modification of amortization of the sums securod by this Security Instrument granted by Lender to any succGSSOr in interest of Borrower shall not operate to release the liabiGty of the original Horrower or Berrower's successors in interest. Lender shall not be roqnind to commence proccbdings against any suocesgor in interest or refuse to exiend time for payment or otherwise modify amortization of the sums securod by this Socurity Instrument by reason of any demand made by the original Borrower or Horrower's sucuessors in interest. Any forbearance by I.ender in exercising any right or remedy shali not be a waiver of or pnclude the exercise of any right or remedy. ~ il. Succe~ors and AesigAS Bound; Joint and Se~esal Llabllity; Co-aigaen. The covenants and agrcements of this Security Instrument shall bind and beneflt the successors and assigns of I.ender and Bonower~ subjoct to the provisions of paragraph 17. Borrower's covenants and agroements shall be joint and seve~. Any Borrower wha co-signs this Security Instrument but daes not eaecute the Note: (a) is co-sigaing this Security Instrument only to mortgage. grant and convey " that Horrower's iaterest in the Property und~r the tertns of this Security Instrument; (b) is not personaliy obligatod to pay the sums socured by this Security Instrument; and (c) agras that Lender and any other Borrower may agra to extend, modify. forbear or mske any accommodations with regard to the terms of this Security lnstrument or the Notc without that Horrower's consent. 12. Loan (~uges. If the laan socurod by this 5ecuriiy Instrument is subjoct to a law which sets maximum loan charges, and that !aw is finally interpnted so that the interest or other loan charges coltectod or to be collected in es~nneciion with the loan exceed the permitted limits~ thrn: (a) any such loan charge shall be reducrd by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already cotlectod from Borrower which eacoeded permitted limits will be refundai to Borrower. Lender may choose to make this refund by roducing the principal oared under the Note or by makiag a dir~oct payment to Horrower. IPa refuad rafuces principal, the reduction wip be treated as a partial prepayment withaut any prepayment charge under the Note. 13. I.egialaNon ARoeting Leader"s Rlg6te. If enactmmt or expiration of applicable laws has the eft'ect of rendering any provision of tht Note or this Security Instrument unenforceable according to its terms, Lender, at its optian~ may require immediate payment in full of s11 sums secured by this Security Instrument and may invoke any remalias pe~mjtted by paragraph I9. Yf I.ender exercises this,optiore, L,endtr shall take the steps specified in the sa~nd paragraph of paragraph t7. ~ . - ~ 14. Notices. Any notice to BorroweT provided for in thia Sbcuriry Ihstrument shall be given by delivering it or by mailing it by first class mail unless applicable law roquires use of another meihod. The notia shali be directed to the Property Address or any ot}ier address Borrower designates by noticc to Lender. Any rtoticc to I,ender shall be given by ' first class mail to Lender's address stated herein or any other address Lender designates by nofsce to Bonower, Any notice ~ provided for in this Socurity Instrument shall be damed to hav~ ban ppven to Bonowcr or Lend~r when given as providod in this paragraph. ~ 1S. Go~eraing Law; Se~enbillty. This Security Instrument shall be governod by foderal law and the law of the jurisdiction in which ihe Froperiy is locatod. In the event that any provision or clause of this Security Instrum~ni or the ~ Note conflicts with applicable law~ such conRict shall not afftct other provisions of this Sccurity Instrument or the Note which can be givtn effect without the con6icting provision. To this end the provisions this S~curity Instrument. and the Note are declarad to be severable. 16. Horrower's Copy. Borrower shall be given one conformed copy of the Note and of this Socurity Instrument. 17. Transfer of the Property or s Bene~cial Interest in ~aerower. If ait or any part af the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfened and Borrower is not a natural person) without Lendtr's prior writien consent, Lender may, at its option, roquire immaiiate payment in full of all sums securod by this Socurity Instrument. However, this option shall not be exerciscd by Lender if exercise is prohibited by federal law as of the date of this Socurity Instrument. If Lender eaercises this option, Lender shall give Bonower notice of acceleration. The notict shall provide a period ~ of not lcss than 30 days from the date the notice is detivered or maitod within which Borrower must pay al! sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration otthis period, Lender may invoke any remedies permitted by this Securiry Instrument witbout further noticx or demand on Borrower. • l8. Borrower's Rigirt to Reinatste. If Horrawer mats cenain conditions, Borrower shall have the right. to have enforcement of this Security Instrument discontinued at any time prior to the eartier of: (a) S days (or such other period as applicable law may spxify for reinstatement) before sate ot'the Property pursusnt to any powet of sale contained in this Security Instrument; or (b) entry of a judgmtnt enforcing this Security Instrvment. Those conditions are that Bortower: (a) pays Lender ali sums which then woutd be due under this Socurity Instrument and the Note had no acceleration occuned; (b) cures any default ot ar~y other covenants or agraments; (c) pays all expenses incunsd in enforcing this Security instrument~ including, but not limited to, reasanable attorneys' fees; and (d) takes such action as Lcr~der may ressonably require to assure that the lien of this Security fnstrument, Lender's rights in the P~operty ar~d Horrawer's _ obligation to pay the sums secured by this Socurity Instrument shall continae uachangod. Upun reinstatement by ~ Bonower~ this Security Instrument and the obligations s~cura! hereby shall remain fuUy etfsctive as if no acxeleration had ; occurrod. However~ this right to ranstate shaU not apply in the cast of acceleration under paragraphs 13 or 17. ' BOOK PACE a~~ " Y ~ _ ~ - _ _ _ _ _