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HomeMy WebLinkAbout0948 r ~ ~r ' If Lender required mortgage insurance as a condition of making the loan secured by ihis Security lnstr~.~ment, ' Borrower shall pay the premiums required to maintain the insurance in efi'ect unti) such time as the requirement For the , , insurance tern~inates in accordance with Borrower's and I.ender'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 Borrowe~ n~tice at the time of or prior to an inspection specifying reasonabte cause for the inspectian. , 9. Condemnation. The proceeds of any award or ctaim for dAmages, direct or consequential, in cannection with any candemnation or other taking of any part of the Property, ar for conveyance in lieu of condemnation, are hereby assigned and shal! be pai~1 to Lender. In the event of a total taking of the Property, the proceeds sl~all be applied to the sums secured by this Security Instrument, whether or nat then due, with any excess paid to Borrower. In the event of a Qartial taking of the Property. unless Borrawer and i.ender otherwise agree in writing, the sums secured by this Security Instrument sha!! 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 immediately 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 make an award or settle a claim for damages, Borrower faiis to respond to Lender within 3Q days atler the date the notire is given, Lender is authorized to collect and apply the praceeds, at its option. either to restoration or repair of the Properiy ar to the sums secured by this Security lnstrument, whether or not then due. Lnless LPn~ier and Rarrower otherwise agree in writing, any application of proceeds to principal shaU not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount otsuch payments. 10. Borrower Not Released; Forbearance By Lender Not a 1Vaiver. Eztension of the time for payment or modification of amortization oF the sums secured by this Securily I~strument granted by Lender 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 i'or payment or otherwise modify amortization of the sums secured by this Security I~strument by reason of any demand made by the original Borrower or Borrower's suc.:essors in interest. Any forbearance by [.ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ll. Successars and Assigns Bound; Joint and Several Liability; Casigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrow°er, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) i~ co-signing this Security Instrument only to mortgage, grant and con~~ey that $orrower'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 Inslrument or the Note without that Bo~rawer's ce~?Fe~!. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that iaw is 6nally interpreted so that the interest or other loan charges collected or to be collected in coRnection w~iih 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 collected from Borrower which exceeded permitted limits will 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 with~~~t any ~re~ayment char¢e under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable faws has the et~ect oi rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, ~ may require immediate payment in full of all sums secured by this Security [nstrument and may invoke any remedies permitted by paragraph 19. lf Lender exercises this option, Lender shalt take the steps specified in the second paragraph of 1 paragraph 17. 14. Notices. Any notice 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 requires use of another rnethod. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shal) be gi~en by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrawer. Anyr notice ~ provided for in this Security Instrument shail be deemed to have been given to Borrower or Lender when given as provided ~ in this paragraph. 15. Governing Law; Severability. This Security Insirument shall be gorerned by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note confticts with applicable law, such conflict shall not afiect other provisions of this Security~ Instrument or the Note ~ which can be given eflect without the conflicting provision. To this end the provisions of this Security Instrument and the , Note are declared to be'severable. 16. 8orrower's Copy. Borrower shall be given on,e conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Be~eficial Interest in Korrower, If all ~r any part of the Propert~~ or any interesi in it ic sold or transferred (or if a beneficial inter~st in Borrower is sold or transferred and Borrower is not a natural ~xrson) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of a!I sums F secured by this Security instrument. However, this option shall not be exercised by Lender if exercise is prohibited b}• ~ 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 pericxl of not less than 30 days from the date the notice is delivered or mailed within w~hich Borrower must pay all ~ums sec~red by • this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this peric~d, Lendcr ma~• invoke any remedies permitted by this Security lnstrumer.t without Further notice or demand on Borrow•er. 18. 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 of: (a) S days {or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any ~w~er of sale contained in this Serurit~~ Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those canditions are thar $orrow~er: ` (a) pays Lender ali sums which then would be due under tt~is Security Instrument and the Note had no acceleration ` occurred: (b) cures any default of any other covenants or agreements; {c) pays aU expenses incurred in enforcing this t Securit~~ Instrument, including, but n~t limited to, reasonable attorney.s' fees; and (d) takes such action as Lender may = reasonabl}• require to assure that thc lien of this Security rnstrument, ~ender's rights in the Property and B~rro~~er's ~ obligatian to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by ~ Borrow°er, this Securitp Instrument and the obiigations secured hereby shail remain fully effective as if no acceleration had ~ occurred. However, this right ta reinstaie shal! nnt apply in the case of acceleration under paragraphs 13 or 17. ~ ~ : aooK 558 PaGf 946 _ _ y.- . . . . . .