HomeMy WebLinkAbout0960 If Lender requirod mortgage uuurance as a condition of making the losn secured by this Sccurity Instrument,
Borrower shall pay the premiums required to maintain the insura~ce in effect until such time az th~ requireme~t for the _
insurance terminata in accordanct with Borrower's and Lender's written agreement or applicable law.
S. I~pecdon. Ltndzr or its agent caay make reasonable entria upon and inspections of th~ Proptrty. Lender
shall gi~ e Borrower notice at the time of or prior to an inspection spocifying reasonable cause for the inspcction.
9. Coadensaatioa. The proceeds of any award or ctaim for damages. direct or consequential. in connection with
any condemnation or other taking of any part of the Properiy~ or for conveyance in lieu of condemnation, are hereby .
assignod and shall be paid to Lend~r.
In the event of a total taking of the Property~ the proceeds shaU be applicd to the sums secured by this Sccurity
Instrument~ whether or not thea due, with any excess paid~to Borrower. In the evant of a partial wking of the Property~
unlas Borrower and I,tnder otherarise agree in writing, the sums socured by ihis Security Instrument shall b~ reduced by
the amount of the proceads multiplied by the following fraction: (a) the total amount of the sums securcd immediately
'befon the taking. dividcd by (b) ihe fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower.
If the Property is abandonod by Borrower. or J~ atter notice by Lender to Bonowcr that the condemnor o6ers to
make an award or setde a claim for dunages, Bor~oaer Cai1s to respond to Lender within 30 days aRer the date thc notice is
given, L.ettder is authotized to collect and apply t6e procoeds, at its option. either to ratoration or iepair of the Property or _
to the swms socurod by this Sccuriry Iaswment, whethu or not then dua :
Unless Lender and Borrower otherwise agree ia writing, any application of prceeeds to principal shall not extend or 3
postpone the due date of the monthly paymrnts referred to in paragraphs 1 and 2 or change the amount of such payments. ~
10. Bo~rowa Not Rdeased; Forbeariusce -By I.ender Not a Wd~er. Pactrnsion of the time for payment or
modiHcation of amortization of the swns securai by this Socurity Instaument grantod by Lender to any successor in
interest of Borrower sball not operate to release tbe liabiliry of the original Borrower or Borrower's successors in interest.
I.ender shall not be required to commeace proceodings againat any successor in interest or refuse to axtend time for
psym«~t or otherwise modify unortiudon of the sums secured by this Sxurity Instrument by reason of any derriand made
by the original Borrower or Borrowa's successors in interest. Any Corbearance by I.ender in eaercising any right or remedy
shsll not be a waiver of or preclude the exercise of amy right or remady.
11. Succ~uors and Asdps Honnd; Joint aad Serenl Liabiltty; Co-signers. The covenants and agre~ments of
this Secwity Instnuneat shall bind and bene5t the successors and assigns of Lender and Borrower. subject to the provisions
of paragrapb 17. Borroaer's covenants and agreennents shall be joint and sev~ral. Any Barrower who co-signs this Sccurity
Instn:meat but doa not execute the Notr. (a) is co-signing this Sccurity Instrumcnt only to mortgage, grant and convey
that Borrower's interat in the Property under the terms of this Security Instrument; (b) is not pcrsonally obligated to pay
the sums socurai by this S~curity Instrument; and (c) agrees that Lendcr and any other Borrower may agra to extend,
modify, forbear or make any accommodauons with regard to the terms of this Security Instrument or the Note without
that Borrowei's consen~
12, Loan Chuges. If the loan secured by this Security Insirument is subjxt to a law which sets maximum loan
charges. and that taw is 6nally interpretod so that the interat or other loan charges collxted or to be colixted in
; oonnxtion with the loan excad the permittai limits, then: (a) any such loan charge shall be reduced by the amount
= necessary to reduce the charge to the permitted licnit; and (b) any sums already collected from Borrower which exe«ded
• permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Not~ or by making a dircct paymrnt to Borrower. If a refund reducrs principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
. 13. Legislation Affectlng I.ender's Rights. If enactment or expiration of applicable laws has the eff'ect of
rendering any provision of the Note or this Socurity Instrumrnt unrnforceable according to its t~rms, L.ender. at its option.
may roquire immodiate payment in full of all sums secured by this Security Instrument and may invoke any remedia
permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the s~cond paragraph of
i. P~SmP~ 17.
14. Notfees. Any notict~to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law roquires use of another method. The notice shall be directed to th~
Property Addras or any other address Borrower daignates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's addras stated herein or any other address Lender designates by notice to Bonawer. Any notice
~ providzd for in this Security Instrument shall be deemai to have been given to Borrower or Lender when given as provided
~ in this paragraph.
~ 1S. Go~erning L.aw; Se~erability. This Sccurity Instrument shall bc governed by fcderal law and the law oC the
~ jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
~ Note con8icts with applicable law. such conflict shall nat affect other provisions of this Security Instrum~nt or the Note
which can be given effxt arithout the conAicting provision. To this end the provisions of this Security Instrument and thc
Note are d~clared to be severable.
16. Borrower's Copy. Borrower shalt be given one conformcd copy of thc Note and of this Security Instrumsnt.
~ 17. Transfer of the Property or s BeneBcinl Interest in Bocror+er. If all or any part ot tF.e Property or any
~ inte: est in it is sold or transferred (or if a bene6ciat interat in Borrower is sold or transferred and Borrower is not a natural
~ person) without Lettdet's prior written consent, Lender may, at its option. require immcdiate payment in full of all sums
_ secured by this Security Instrument. Howev~r. this option shall not be exerciscd by Lend~r if exercise is prohibited by
~ federal law as of the date of thu Security Instrument.
If Lender ex~rcists this option. Lender shatl give Borrower notice of acceleration. The notice shall provide a period
' of not las than 30 days from the date the notice is delivered or mailcd within which Borrower must pay all sums secured by
this Stcurity Instrument. If Horrower fails to pay thae sums prior to thc expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borro.?er's Right to Reiasts~te. If Borrower mats certain conditions, Borrower sha11 have the right to have
enforcement of this Sxurity Instrument discontiaued at any time prior to the earlier of: (a) S days (or such other period as
applicabl~ law may specify for ranstatement) before sale of the Property pursuant to any p~wer of saDe contained in this
Security instrument; or (b) entry of a judgment enforcing this S~curity Instrument. Those conditions are that Borrower:
(a) Qays Lerider all sums which then would be due unda this Security Instrument and the Note had no acceleration
occurred; (b) cures any default of any other covenants or agreements; (c) pays ail eapenses incurred in enforcing this
Security Instrument, including, but not limited to, rrssonabte attorneys' tces; and (d) takes such action as Lender may
reasonably rtquire to assure that the lien of this Security Ir.strument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shaU remain fuily effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragcaphs ~ 3 or 17..
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