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HomeMy WebLinkAbout0919 1f Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required to maintain ihe insurancc in etl'ect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time oPor prior to an inspection specifying reasonable cause tor the inspection. 9. Condemnation. The proceeds of any award or ciaim for damages, direct or consequential, in connection with . any condemnation or other taking of any part of the Property, or for convcyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or nqt then due, with any excess paid to Borrower. ln the event of a paFtial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately ~ before the taking, divided by (b) the fair market val~ie of the Properly immediately before the taking. Any balance shall be ~ paid to Borrower. ~ If the Praperty is abandoned by Borrower, or if~ after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is ; given, Lender is suthorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, v?hether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred;o in paragraphs 1 and 2 or change the amount of such payments. ~ 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension oP the time for payment or - ' modification of amortization of the sums secured by this Security Instrument granted by I.ender to any successor in ` interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. ~ Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for ' 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 Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Severnl Lisbility; Casigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of I.ender and Berrower. subject to the provisions : of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Securi?y : Instrument but does not execute the Note: (a) is casigning this Security Instrument only to mortgage, grant and convey that Bonower's interest in the Property under the terms of this Security Instrument; (b) is no? personally obligated to pay the sums securcd by this Security Instrument; and (c) agrees that I,ender and any other $orrower may agree to extend. modify, forbear or make any accommadations with regard to the terms of this Security Instreiment or the Note without that Borrower's consent. . 12. Loart Charges. 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 charges collected or to be collected in connection with the_loan exceed the permitted limits, then: (a) any such loan charge shall be reduced b}- the amount ~ necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded • permitted timits witl 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. If a refund reduces principal, the reduction will be treated as a ~ partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rigt~ts. If enactment or eapiration of applicable laws has the effect of rendering any provisian of the Note or this Security Instrument unenforceabte according to its terms, Lender, at its option, may require immediate payment in full of atl sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of ~ • paragraph 17. € 14. Notices. Any notice to Borrower provided for in this Security Instrument shal! be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice s~a11 be directed to the ~ Property Address or any other address Borrower designates by notice to I.ender. Any notice to Ixnder shall be given by = first class maii 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 provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the `s jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the y I~tote conflicts with applicable faw, such conflict shall not affect olher provisions of this Security Instrument or the Note • 4 which can be givert efl'ect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ Note are declared to be severable. ~ lb. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. ~ 17. Transfer of the Property or a Beneficial Interest in Borrower. If al! or any part of the Property or any s interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. " If Lender exercises this option, L,ender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Securiry Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets rtain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time pnor to the earlier of: (a) 5 days (or such other period as applicable !aw may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entn+ of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender al! sums which then would be due under this Security instrument and the Note had no acceleration occusred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) tatces such action as I,ender may reasonably require to assure that the lien of this Security lostrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Ir~strument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrament and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. , BOOK 5~~ PAGE 9~9 - _ ~ , _ :v., . - •=1