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HomeMy WebLinkAbout0929 . . . ~ ~ ~ ~ t If lender required mortgage insu~ance as a condition oi makingthe loan secured by this Security Instrument, Bor~ower shall ~ pay ths pr~rniums ~equi?edao maintain the insuranCe in eflect u~til such lime as Ihe requirement br the insurance terminates in acoordance with Borrower's and Lender's written agreement or applicable law. i a IMp~ctlon. Lender or i!s agent may make reasonabl8 entries upon and inspections of Ihe Property. Lender shatl givQ ~ Borrower notice at the time ot o~ prior to an inspection specifying ~easonable cause tor the inspection. ; 8. Cond~mnatlon. The proceeds ot any award or claim fo~ damages, direct or conSequentiat, jr~connect+on with any condemnation or other taking of any parl of the Property, or lor conveyance in tieu of oondemnation, areherek~y a§signed andshall be paid to Lende~. ~ In the event of a total taking of the Aroperly, ths proceeds shal! be applied to the sums secured by this Securiry Instrument. whether or not then due, with any excess paid to Borrower. In the eve~t of a panial taking ot the Property, uNess Barower and lende~ oiheN++ise agree in writing, the sums secured by ihis Security Instrument shall be reduced by the amounl ot the p~oceeds multiplied by the tollowing traction: (a) the total amount ot the sums secured immedialey betor~ the taking, divided by (b) the tair ma?ket value of the Property immediatey before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrowe~, or it, after nolice by Lender to Borrower that the condemnor offers to make an ~ward a settle a claim for damages, Borrower iails to respond to Lende~ wiihin 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration a repair of the Property or to the sums secured by lhis ~ecurity Instrument, whether or not then due. ~ Untess Lender and Borrower olherwise agree in writing, any application of proceeds to principal shall not extend or ` postpone !he due date of the monthy payments referred to in paragraphs 1 and 2 lo change the amount of such payments. 10. 8orrowK Nat Fielea~d; Farbesrance 8y lendK Not s WMvK. Extension oi the time tor payment or moditication of amortization ot the sums secured by ihis Security Instrument granted by Lender lo any successer 6n ~niPrest ot Borrower shall not operate to release the liability of the original Borrower or 6orrowe~'s successors in interest. Lender shal! not be ?equired to commence proceedings against any successor in interest orrefusetoextendtimeforpaymeniorotherwisemodityamortizatianot the sums secured by this Security instrument by reason of arty demarid made by the original Borrou?er or Borrower's successors in interesl. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or ~emedy. 11. Succasas snd AsslQns 8oun~k Jolnt and SwerN ll~bllity; Co-slpn~rs. The covenants and agreements oi this Securitq Instrument shall b~nd and benetit [he successors and assigns of Lender and Barower, subject to the provisions ol paragraph 17. Borrower's covenants and agreements shall be joinl and several. Any Borrower who co-signs this Security Instrument but does nol execute Ihe Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that BorroKer's interest in the Property under the te?ms of this Security tnstrument; (b) is not perso+'ialy obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modity, larbear or make any accommadations with regard to the terms oi lhis Securiry Inslrument or the Note without that Borrower's consent. 12. Lo~n Chary~s. If !heloan secured by Ihis Security Instrument is subjed to a law which seis maximum loan charges, and lhat law is finalty interpreted so that the interest or other loan charges collected or to be collected in connection with the loan ~ exceed the permitted limils, then; (a) any such lo~n charge shall be reduced by the amount necessary to reduce the chargetofhe permitted limit: and (b) any sums already collected trom Borrower which exceeded permiried limits will be retunded to Borrower. Lender may choose to make this refund by reducing the principal owed under fhe Note or by making a direct payment to 8orrower. lf . { a refund reduces principal, the reduction will be treated as a pa~tial prepayment without any prepaymer~t charge under the Noie. ; 13. L~~Itlatlon AHsdinq t~nciK's Ri~i~ts. If enactment or ex~iration of applicable laws has the efiect of rendering any provision of the Nate or this Security Instrumerti unenforceable acco~ding to its terms, Lender, at its opiion, may require immediate ~ payment in full of all sums secured by this Security Instrument and may invoke any ~emedies permilted by paragraph 19. If Lender ' exercises this option. Lender shall take the steps specified in the second paragraph of .paragraph 17. f 14. Notloes. Any notice to Barower provided for in th~s Security Inst: ument shall be given by delivering it or by mailing it by first ctass mail unless applicable iaw requires use ol anolher method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender sha(I be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower_ Any notice prov+ded (or in this Security Instrumenl shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. , t3. Govemtn~ Law; Swerabillty. This Security Instrument shalf be governed by federal law and the law ot the jurisdiction in which the Property is located. In the evenl that any provisionor ctauseof this Security Instrument or the Nateconflids with applicable law, such conilict shall not aNect other provisions of this Security Instrument or the Note which can begiven effect without the conllicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severabte. _ ~ 16. BorrowN's Copy. Borrower shall be given one conformed copy of the Nole and of this Security Instrument. ~ . 3 17. Transfer of the Prop~rty or a BenNldal Interest In Borow~r. If ali or any part ot the Property or any inter~t in A is ~ , sold or transferred (or ii a beneticial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's ~ prior written Consent. Lender may, a1 its option, require immediate payment in full of all sums secured by this Security Instrument. ~ H~wever, this option shatt not be exercised by Lender if exerc+se is prohibited by federal law as of the date ot this Security ~ Instrumenl. ~ II Lender exe?cises this option, Lender shall give Borrower notice of acceteration. The notice shall provide a period of not less lhan 30 days trom Ihe date the notice is delivered or maited within which Borrower must pay all sums secured by this Securily Instrument. If 6orrower fails to paythese sums prior to the expiration of this period. Lender may invoke any remedies permiited by ihis Security Instrument without fuhher notice or demand on Borrower. , 18. Borrowe~'s Rlqht to Reinstde. If Borrower meets certain oonditions. Borrawer shatt have the right to have enforcement of this Security Instrument discoMinued at any time prior to the earlier of: ( a) 5 days (or such other period as applicable law may specity for reinstatement) be(are sate of the Property pursuant to any power of sale contained in this Security Instrumeni: I I or (b) entry oi a judgment enforcing this Security Insirument. Those conditions are lhat Borrower: (a) pays Lender all sums which i then would be due under this Secardy Instrument and the Note had no acceteration occurred; (b) cures any detauft of arry other covenants or ag~eemenls; (c) pays all expenses incurred in enforcing this Security Insirument, including, but not limited to. reasonable attorney's fees; and (d) takes such action as lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by Ihis Security Insirument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument andthe obligations secured hereby shall rema+n fully eNective as if no acceteration had occurred. However, lhis right to reinstate shall not appty +n the case ot acceleration u~der paragraphs 13 or 17. i ' BOOK~ p~ 4/ I v?evious eblion a ~u~ e~ m+r na weo O R"~ •A~f V~+~ oeo¢p F?« Sw e~ (~eo2) PC x,~ ~~..~_i..l _t - • -~..f~,