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HomeMy WebLinkAbout0989 .~~~t # ' , If I.cnder required mortgage inaurancx as a cmndition of making the losn aecurod by thia Security Instrument~ Honower shall pay the praniucns roquirod to maintain the insurana in eft'ect until auch ttaie sa the rcquirement for the _ insurance teraninates in accordanoe with Borroaer's and Lender's written agroement or spplicablt luw. 8. Iaspecdon. I.ender or its agent may malcc rcaaonable entries upon and inapoctiona of the Property. Lender shall give Horrower notice at the tune of or prior to sn inapection spocifying ressoaabla cauae for the inapection. • 9. CondemnaHoa. 'fhe praeods of aay award or claim for damages, diroct or consoquentiai, in oonnxtion with any condemnation or other taking of any part of the Proporty~ or for coaveyancc ia lieu of oondemnation, are hereby assigned and shall be paid to L.ender. In the event of a total taking of the Property, the procoeds shall be gppliod to the sums aecurcd by this Security . Instrument, whether or uot th~n due, arith eny eaccess paid to Borrower. In the event of a partiai taking of the Property. untess Borrower and Lender othtraise agree in writing, the awna aecured by this Security Instrument shall be raluad by the amount of th~ procads multiplied by the following fraetion: (a) the totai amount of the sums aecured imniediately befon the taking, divided by (b) the fair mar~Cet value of the Property immedist~ly befora the taking. Any balana shall be paid to Borrower. Ii the Property is ab~nndoned by Bor~ower, or if, after notice by Lender to Bonower that the oondemnor ott'ers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days aRer the date the notice is given, Lender is authorizod to collect and apply the proceeda, at ita option, either to restoration or repair of the Property or to the sums securod by this Security Instrument, ahether or nat then due. ~ Unless Lender and Borrowa othcrwise agree in writing~ any application of procoods to principai shall nQt extend or postpone the due datt of the montWy p~yments refenad to in paragrapba 1 aad 2 or change the amount of such payments. 10. Borrower Not Reles~d; Forbear~nce By I.easkr Not ~ Waiver. Eatcnsion of the time fofpayment or modificarion of amortization of the swns socured by this Security Instrument grantod by Lender to any successor in interest of Borrower shall not operatc to reltase the liabitity of the original Bonower or Horrower's successors in interest. I.ender shail not b~ required to cocnmence prooeedings sgainst any successor in interest or nfuse to extend time for payment or otherwise modify amortization af the sums socurod by this Security Instrument by reason of any demand made by the original Bonower or Borrower's succ,essors in interest. Any forbearance by Lender in exercising any right or rtmedy shall not be a waiver of or preclude the exercise of any right or remedy. ii. Succe~sors and As~~aa Boaad; Jotat aad Se~exxl Ltsb~lity; Co-signera. Tbe cov,enants and agraments of ~ this Security Instrument shatl bind and bent~t the successors and assigns of Leader and Honower, subject to the provisions of par~graph 17. Borrower's covenants and ag~reements shatl be joint and seveeal. My Borrower who carsigns this Security Instrument but dces not execute the Note: (s) is aasigning this Security Instrument only to mortgage~ grant and convey that Borrower's interest in the Properfy under the terms of this Security Instrument; (b) is not personalty obligated to pay the sums securod by this Security Instrument; and (c}_ agrees that I.ender and any other Borrawer may agra to extend, modify, forbear or make any accommodations with ngard to the terms of this Socurity Instrument or the Note without that Bonower's consent. - I2. I.o~n (~arges. If the loan sxwod by this Security Instrument is subject to a laa which sets maximum loan charges, and that law is finaUy interpreted so that the interest or other loan charges collcctod or to be collected in connection with the loan exceed the perniittad limits, then: (a) any such loan charge sha!! be reduced by the ~amount nocessary to reduce the charge to the permitted Gmii; and (b) any sums already collxiod from Borrower which eaceedod permittod limits will be refunded to Borrower. Lender may choose to make this refund by roducing the principal owed under the Note or by making a diroct paymtnt to Bonower. If a refund raiuces principal, the reduction will be treatod as a partial prepayment without any prepayment charge under the Note. 13. Ltgisladon A~ecting Leader'a Rlghta. If enactment or eicpiration of applicable laws has the effect of - rendering any provision of the Note or this Socurity Instrument unenforceable according to its terms, Lender, at its option. may require immediate payment in full of all sums sxured by this Securiry 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. Notl~es. Any notice to Borrower provide~ for in this Socurity Instrument shall be given by delivering it or by mailing it by first class maii unless appGcabte law requires use of ariother meihod. The notice shall be directed to the ; Property Address or any other address Bonower designatcs by notice to Lender. Any notice to Lender shall be given by ~ first class mail to I,ender's address stated herein or any other address Lender designates by notice to Bonower. Any noticc ~ providod for in this Security Instrument shall be deemed to have ban given to Bonower or Lender when given as providod ~ in this paragraph. 1S. Go~eraing Lsw; Serecsbility. This Security Instrument shal! be governed by fedcral law and the law of the jurisdiction in which the Property is locatod. In the event that any provision or clause of this Security Instrument or the Note con8icts with applicable law, such conflict shall not a~'xt oiher provisions of this Security Instrument or the Note which can be given effect without the con8icting provision. To this end the provisions of this Security ~nstrument and the Note an declarod to be severable. 16. Barrower's Copy. Bonower shnll be given ane conformed copy of the Note and of this Security Inswment. 17. Transfer of the Property or a BeaeflcLl Intereat in Borrower. If all or any part of the Property or any interest in it is sold or transferral (or if a beneRcial interest in Bonower is sold or Lransfened and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option~ roquire immediate paym~nt in full of all sums securod by this Security Instrumtnt. However~ this option shall not tx eaercised by Lender if eaercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this aption~ Lender 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 mailcd within which Bonower must pay all sums socured by this Security Instrument. If Borrower fails to pay these sums prior to the eapiration of ihis period, L.ender may invoke any remedies permitted by this Security Instrument without furthes notia or demand on Borrower. 18. Horrower's Right to Reiantbtte. If Bonower mats certain conditions~ Horrower shall have the right to have enforcement of this Sccurity Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for r~instattment) before sale of the Properiy pursuant to any power of sale contained in this Socurity Instrument; or (b) entry of a judgment enforcing this Socurity Instrument. Those conditions are that Borrower: (a) pays I.ender all sums which thrn would be due under this Security Instrument and the Nate had no acceleration occurred; (b) cures any d~fault af any other covenants or ageements; (c) pays sll eapcrzses incurred in enforcing this Security Instrument~ including, but not limitod to, reasonable attorneys' fas; and (d) takes such action as Lender may reasonebfy roquire to assuro that the lien of this Sscurity Instrument, I.ender's rights in the Property and Borrower's obtigatson to pay the sums securod by this Socurity Inatruane~t shall continue unchang~d. Upon rcinstatement by Borrower~ this Socurity Instrument and the obligations cxured hereby shall remain futty effective as if no acceleration had oceuned. However. this right to rcinstate shall not apply in the~case of acceleration ander paragraphs 13 or 17. 60GK~~ PACE ~7Vt7