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HomeMy WebLinkAbout0956 . . . . . . , . ` lf Lender required mortgage insurance as a condition of making !he loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and l.ende~'s written agreement or applicable law. 8. Inspect~on. Lender or its agent may make reasonable en?ries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condem~ation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part oP the Property, or for conveyance in li~u of condemnation, are hereby assigned and shatl be paid to Lender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security lnstrument. whether or nat then due, with any excess paid to Borrower. In the event of a partial taking of Ihe Property, untess Borrower and Lender otherwise agret in writing, the sums secured by this Security Insirument 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 value of the Property inmediately before the taking. Any balance shall be paid to Borrower. If the•Property is abandoned by Borrower~ or if, after notice by Lender to Borrower that the condemnor offers to rriake an award or settle a claim Por damages, Borrower fails to respond to I,ender within 30 days aRer the date the notice is given. I.ender is autho: ized 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. whether or not then due. Unless Lender ~snd Aorrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Horrower Not Released; Forbearance By Lender Not a Wsiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to retease the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commerice 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 Bonower's successors in interest. Any Porbearance by I,ender 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 Serernl Liability; Caslgners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of L.ender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Bonower who co-signs this Security Instrument but does not execute the Note: (a) is co•signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security lnstrument 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 by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coltected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this retund 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,ihe Note. 13. Legistation ABecting Lender's Rights. If enactment or expiration of applicable laws has the eflect of rendering any provision oPthe Note or this Security Instrument unenforceabie according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies '~f permitted by paragraph 19. If Lender ezercises 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 Instrum~nt shall be given by delivering it or by ~ { mailing it by first elass mail unless applicable law requires use of another method. The notice shall be directed to the ~ Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to I.ender's address stated hcrein 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 ~.aw; Severability. This Security Instrument shall be governed by federal law and the law of the ~ jurisdictbn in which the Property is located. In the event that any provision or clause of this Security Instrument or the ; Note conflicts with applicable law, such conflict shall not aff'ect other provisions of this Security Instrument or the Note ` which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ Note are declared to be severable. t 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. ~ ~ 17. Transfer of t6e Property or a Be~eficial Interest in Borrower. If all or any part of the Property or any interest in it is soid or transferced (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 ful! of all sums secured by this Security Instrument. However, this option shal) not be exercised by L,ender if exercise is prohibited by federal law as of the date of this Security Instrument. If' Lender exercises this option, 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 mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower iails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. l8. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier oE (a) S days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays L,ender all sums which then would be due under this Security instrument and the Note had no acceleration occurred; (b) cures any. default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not timited to, reasonable attorneys' fees; and (d) iakes such action as I_ender may reasonably require t~ assure that the lien ot this Security fnstrument, 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 lnstrument 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 PACf 95~ ~ ~a_..~.~r._•-G-~Y-~-~-l~i+c_~r_ _ . . _