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HomeMy WebLinkAbout0993 . " ~ ~ • , ~i . • : If l..ender ~equired mortgag~ insuana aa a condition of making the loan secured by this Sccurity 1~atrument~ ~ 8orrower sh~ll pay the premiums requircd to maiotain the insursnce ln effxt until such timt as the requirement tor the insunnix terminates in sccordance witb Borrowa'a and Len~'s writtrn agrcement o~ applicable law. 8. l~tpecHon. l,ende~ or ita agent msy mslce reasonabk crttries upon and inspoctions of the Propeny. Lender ahall give Borrowar notict at the time of or prior to sn inapectio~ apecifying reasonable cause for the inspoction. ' 9• Co~dauastlo~. 'the prooeeds of uny award or claim for damsgts~ direct or sonsequential~ in connection with any condannstia~ or other taking of sny pan of the Pmperty, br for canveyance in lieu oi' condemnation, are hcreby assignod and shelt be puid to I.ender. In the event af a total taking of the Property~ the procoods shall be appliod to the sums ser,ured by this Security Instrument. whethe~ or not then due~ with any eaass paid to Horrower. In the event of a partiai taking of the Property. . unlas Bo~rowe~ and l.ender otherarise sgra in writing. the sums secured by this Security Insirument shall be reduced by the emount of the procads multipiied by the following fraction: (a) the total amount of the suma securod immediately beCorc the taking, dividtd by (b) the fair market valuc of the Property immediately before the taking. Any balance shall be paid to Borrowtr. If the Property ia abandoned by Horrower. or if, aRer nolice by Ltnder to Bo~rower_thpt the condemnor offers to ~ mske iin aMard or ~ettk a claim for duaages, Homower fails to nspond to Lender within 30 days aRer the date the notice is given. Lender is authorized to oollect and spply the prooeods, at its option, either to restoration or repair of the Property or ~ •to the suma secured by thia Socurity Instrument, whether or not then due. ~ Unlas Lerider and Borro~rer othera+ise agra in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly paymenta referred to in puragrsphs l and 2 or change the amount of such payments. 10. Borrow~ Not Relea~ed; Fo~bnrasoe By I.ender Not s Wd~er. Eatension of the time for payment or modi~cation of amoniution of tbe auma ast~ccured by thia Security Instrument granted by Lender to any successor in interat of Bonower ahall not operste to nlex~ae the IiabiUty of the original Borrower or Borrower's auccessors in interest. Lender shsll not be required to commmce procadings against any successar in interest or refuse to extend time for psymrnt or othervvise modify amortization of the suma secured by this Socurity Instrument by reason of any dema~d made by the original Bornorver or Horrowa'a suoceasora in intenst. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude ihe e~cercise of uiy tight or remedy. li. S~cceaors ard Aai~s Hoded; Jotnt aad Se~enl LlabUity; Co-~igaers. The covenants and agraments of this Security Inuruma~t ahall bind and be~e8t the suoc~ssora and asaigna of Lrnder and Borrower, subjoct to the provisions . of pa~ngraph 17. Horrower'a covawnta and agroemaits shall be jant aat! seversl. Any Borrower who c~-signs this Security . Instn~ment but doa not exocute the Note: (a) ia co-aigning this Security Instrument only to mortgage. grant and convey that Borrowtr'a intercst in the Property under the terms of this Security Instrument; (b) is not pcrsanaliy obligatcd ta pay ~ tbe sums sacured by thia Seeurity Instrument; and (c) agras that Lender and any other Borrowcr may agree to Gxtmd, modify. forbar or make any accommodations with regard to the terias of this Security Instrument or the Note without that Horrower's oonaent. l2. I.ou CUar~a. If ihe lo~n secured by this Security Instrume~t is subj~ct to a law which sets maximum foan chargts. and that law ia Rnally interpreted ao tbat the intercst or other toan charges collectod or to be rnllected in conneet~ion with the loan exceed the permitted Wnits. then: (a) any such loan charge shall be roducod by the amount noo~ry to reducx the charge W the permitted limit; and (b) any suma already coltoctai from 8orrowe~which excooded permitted limits wiq be rd'unded tv Borrower. Lender may choose to make this refund by reducing the principal owod under the Note or by making a d'ueet payment to Borrower. If a refund roduces principal, the reduction will be treatod ~s a partial prepayrnent vrithout any prepayment charge under the Note. I3. I~ttior AQada~ I.esder'~ Rights. If ens~tment or expiration of applicable lavrs has the effect of . rcndering any ptovision o!'the Note or tl~ia Security Instrummt unenforceable according to its terms~ Lender, at its option. may roquir~ immediste payment in full of ali sums socurod by this Security Instrument and may invoke any remedies permitted by peragraph 19. If Lender tacercises ihis option, Lenda shell take the steps specified in the socond paragr~ph of i • paragraph 17. ~ 14. NotWa. Any native to Horcower provid~d for in this Security Instrument shall be given by delivering it or by mailing it by ticst class mail unless applicable law requira use of another method. The notice shall be directed to the ~ Property Address or any other addras Borrowtr designates by notice to Lender. Any notice to Lender shall be given by 6rst class mail to Lrnder's address stated herein or any other address I.ende~ designates by notice to Bottawer. Any notice ~ provided for in this Security Instrument shall be damed to have ban given to Borrower or [.ender when given as provided in this p~ragaph. • ;S. Cos~iaa Lsa; Se~erabillty. This Socurity Instrument shall be governed by federal law and the law of the jurisdiction in whi~h the Property is located. In the event that any provision or clause of this Security Instrument or the Note conAicta with applicabk law. stich conflict shall not ~A'~ct other provisions of this Secarity Instrumerzt or the Note which csn be given eR'ect without the conflicting provision. To this end the provisions of this Security Instrument and the Nate are declared to be severabla " 1~. 8orwwa'~ Copy. 8orrower shall be givrn om conformed copy of the Note and ~f thic Security Instrument. lT. Tnasfa ot tht Property or a 8eaeada! Isterat in Bocrower. If ali or any part of the Property or any interest in it is sold or transfertod (or if a bene6cial interest in 8orrower is sold or transferrod and Borrower is not a natural person) withaut Lender's prior writttn consa~t, Lender may. at ifs option~ require immediate payment in full of all sums socurod by this Socurity Instrumrnt. Howevtt. thia option ahall not be exercised by Lender if eaercise is prohibited by federal law as of the date of this Socurity Instrumrnt. ~ if Lender exercises this option, Lender shall give Bortower notict of acceleration. The notice shall provide a period . of not las than 30 duya from the date the ~otice is delivered or maited within which Borrower must pay all sums secured by this Socurity Instrument. If Borrower fails to'pay ihae sums prior to the expiration of Ihis period. Lend'er may invoke any ~rcmodies petmitted by this Security lnstniment withaut further notice or demand on Borrower. 18. Norroirer"s Ri~t ta Reinstste. lf $orrower mats certain conditi~ns. Borrower shall have the right to have enforcemrnt of this Security Instrument discontinuad at any time prior to the earlier of: (a) S days (or such other period as applicabk law msy apocify for reinstatement) before sale of the Properly pursuant to any power of sale contained in this Security lnstrument; or (b) entry of a judgment enforcing this Socurity Inatrument. Those conditions are that Borrower: (a) pays L.ender all sums whicb then would be due under this Security Inatrument and the Note had no acceleration occurced; (b) cares any dsfault of any other covenants or agramenta; (e) pays all expenses incurred in entorcing this Security Instnament, including, but not limitaf to~ ~easons~bk attorneya' fas; and (d) takes such action as Ixnder may reasonably require to auure that the lien of this Security [ns`trumrnt. L,ender's rights in the Property and Borrower's obligation to pay the suma sacured by this Security Instrumtnt sha11 continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations socured hereby sha!! remain fuUy effective as if no acceleration had occurred. However~ this righi to reinstat~ shall not appty in the cue of accelerstion under paragraphs l3 or 17. ~ ~ooK 563 ~A~F 992 ~ _ . _