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HomeMy WebLinkAbout0992 If Lender required mortgsge inauraaa a s c~onditlon of anakitig the loan aeaw~od by thia Socurity Iastrument. Borrower shaU pay the premiums raquired to mdntsin the Luunna ia effect until suc6 tlme aa tha requirement for the insurancx termin~tea in uccordana with Barower's and I.ender's writtea sjreement or ~pplicsbk larv. 8. Iaspectlou. Lender or ita sgent muy nuke reaaonable eatriea upon and iaapectlona of the Property. Lender ahall give Horrower notice at the time ofor prior to an inapection apecil~?iag reaaonable cause tor the inapection. 9. Condaa~wdoa. The prooeeda of u~y sward or claim for damAges. diroct or oonaequential. in oonnoction arith artiy candemnation or other talciag of any~ psrt of the Property~ or for conveyance in lieu of oondemnation. are hereby assigned and shall be paid to Lender. Ia the event of a totsl taking of the Property. the prooeai~ ahaU be spplied to the awns secured by thia Secudty Instrument, ahether or not theu dtu, ~vith any eacoesa paid to BomoMer. In tht event of a partial taking of the Property. unless Horrower and I.ender othaw?iae agra in writing. the euma axured by thia Security Inatrument ahall be reduoed by the amount of the pracaeds multiplied by the following frseNon: (s) the total unount of the suma aecured immodiately before the tsking, dividod by (b) tbe fair marlcet value of the Property immediately bdore tbe taking. Any balance ahall be paid to Bornower. If the Property is abandoned by Borrower. or if~ aRa notice by Lender to Borrower that the condemnor offers to make an awaud or settle a claim for damages, Borrower fails to reapond to ~.ender witlun 30 days after the date the notia is givrn. Ltnder is authorir~ed to ooUect and apply the proceeda~ at ita aptioa~ either to restomtion or repair of the Property or to the suma securai by thls Security Inatrumeat, whether or not thea due. Unless Lenda aad Horrower otherwise sgree in writiAg~ wy application of prooeeds to principal shall not extend or pnatpone the due date of the monthly paymeata referred to in psragrapba 1 and 2 or change the amount of such payments. 10. Horrower Not Rdea~e~ Forb~annoe B~? I.eader Not a Wdrer. Exttnsioa of the time for-payment or modi6cation of ainortizatioa of the aums aecwed by tbia Security Inatrumeat granted by Leader to any successor in inierest of Borrower shall aot operate w rela~se the liability of the original Borrower or Bomower's auaxssors in interest. Lender ahall not b~ required to commeaoe pmoeedinga sgainat any auooea.wr in intereat or refuse to extend time for payment or otherwise modify amortization of the suma secured by thia Security Instrument by reason of any demand made by the original Bornower or Hornower's auc~cxaaors in intereat. Any forb~rana by Lender in ea~ereising any rigl:t or remcdy ahaU not be a waiver of or preclude the exerciae of any right or remedy. 11. Sboceators snd A~u Boan~ Jpist aad Se~aai Uabilit~r; Co~i~ers. 'The oovenants and agreements of this Socurity Instrument ahaU bind and ba4elit the auaxaaon and saaigna of I.ender and Horrowa, aubjoct to the pmvisions of psragraph 17. Borrower'a covenaata and agraments shall be joint and aeveral. Any Bonower who co-signs this Security Instrumeat but does not exxute the Note: (a) ia oo~igaing thia Securiry Instrument only to mortgage. grnnt and convey that Borrower's intenst in the Pcoperty under the terms of this Security Instrument; (b) is not personally obligatod to pay the sums se~ured by this Security Instrument; and (c) agras that Lmder and any other Borrower may aga to eatend, modify. forbear or make any accommodations aith regard to the terms of this Security Instrument or the Note without that Borrower's oonsent. 12. I.o~n Gbaega. If the loan aecurod by this Socurity Instrument is subject to a law which sets maximum loan charges, and that law is 8ually interpreted so that the interest or other la~n charges collected oe to be collected in connxtion with the loan exc:ad the ptrmitted limits. then: (a) any auch loan charge sha11 be roduced by the amount nocessary to roducs tho charge to the permittod limit; and (b) any sums ulready.colloctod from Borrower w:~ich exce~dod permitted limits will be refiindod to Bomower. Lendar may choose to make this refund by reducing the principal owod under the Note or by ~aking a direct payment W Borrower. If a refund reduas principal, the reduction will be treatod as a - partial prepaymrnt without any prepayment charge under the Note. 13. Legislatlon Afffectlng I.e~der'= Rig6ta. If enactmeat or eapiration of applicablo laws has the effect of rendering any provision of the Note or this Security Instrumrnt unenforceable according to its terms, Lender~ at its option, i may roquire immodiate payment in full.of all sums secured by this Secwity Instrument and may invoke any remedies f permittod by paragraph 19. If Lender exercises this option, Lender shall take tht steps spoci6od in the swond paragraph of paragraph 17. i 14. Notka. Any notice to Borrower provided for in this Sacurity Instrumrnt shall be given by delivering it or by ~ mailing it by 6rst class mail unless applicabk law requires use of snother method. The notice shall be directed to the Property Address or any other addreas Bonower designates by notice to Lender. Any notice to I.ender shall be given by tirst class mail to I.ender's address stat~d herein or any other address Lender designstes by notice to Borrower. Any notice provida! for in this Socurity Instrument shall be d~emed to have been given to 8onower or Lender when given as provided ; in this paragap6. 1S. Go~erning Lw; Se~enbility. This Security Instniment shall be governed by foderal law and the law of the jurisdiction in which the Property is located. In the evrnt that any provision or clause of this Socurity Instrument or the Note conaicts with applicable law, suah conflict shall not a~'ect other provisions of this Security Instrument or the Note which can be given effect without the conflicting pravision. To this tnd the provisions af this Secnrity Instrumcnt and the Note are decl~red to be severabla 16. Bomower's Copy. Borrowtr shatl be givea one conformed copy of the Note and of this Socuriry Instrument. 17. Transter of tbe Propa~ty or a BeaefleW Interest tn Horrower. If all or any part of the Property or any interest in it is sold or transferrod (orif a beneficial interest in Boirower is sotd or transferrod and Borrower is not a natural person) without Ltnder's prior written consent, Lender may, at its option, roquire immediate payment in full of all sums se~~red by this Security Instrument. However, this option shall not be eaercisod by Lender if eaercise is prohibitod by federal law as of the date of this Socurity Instrument. If I.ender exetcises this option~ Lender shall give Borrower notict of acxeleration. The notice shall provide a period of not less than 30 days frorri the date the notict is delivered or maiiod within which Bonower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permittod by this Socurity Insirument without further notia or demand on Borrowcr. 18. Borrower'a RIg6t to Reta~tste. If Borrower mats certain conditions. Borrower shall have the right to have enCorcemtnt of this Security Instrumrnt discantinutd at any time prior to the earlicr of: (s) S days (or such other period as applicable laa may spaify for reinstateenent) before sale of the Property gursuant to any power of sale contained in this Socurity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: ~ (a)~ pays Lender all sums which then woutd be due under this Socurity Instrumtnt and the Note had no acceleration occunod; {b) cures any default of any other covenanta or agsoesrsents; (c) pays all eapenxs incurrod in enforcing this Socurity Instrument, including~ but not limitod to, r~asonable attorneys' foes; and (d) takes such action as Lender may reasonably roquire to assure that the lien of this Security Inatrument, Lender's rights in the Property and Bonower's obligation to pay the sums secwod by thi3 Socurity Instrument shall continue unchanged. Upon reinstatement by Bonowet~ this Security Instrument and the obligations ~ecured hereby shall rcmain fulty eQective as if no acceleration had occune~. However~ this right to reinstate shall not apply in thccase of accelerati~ under paragraphs 13 or i 7. . gooK 5fi0 P~E 991 - : - - -