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HomeMy WebLinkAbout0994 lf Lender required mortgage inaurana as a condition of malcing the loan secured by tE~~s Security lnstrument. Borrower shall puy the premiums roquired to malntaln the inaursnce in eA'ect until anch time as the requirtment for the insurance terminates in accordance wit~ Borrower'a and LendaPa written Agroement or applicable taw. 8. I~pectioa. Lendcr or its agent may malcc raaon~ble entdes upon and inspections of the Propcrty. Lende~ shall give Horrower notice at the time of or prior to an inspection apecit~?ing reasonable eause for the ins~section. 9. Coademaation. The prooeeds of any award or cleim for damagea. direct or consoyuential; in connection with any condemnation or othar taking of any part of the Property~ or for conveyance in lieu of oondemnation~ are hereby assigned and shall be paid to Lendcr. . • ' In the event of a total taking of the Property, the proce~da;ahall be appliod td.the suma socurod by this Security Instrument, whether or nut the~ due, with any excess paid to Borrower. In the event of a purtial taking of the Property, unless Borrowcr and Lender othetwisc sgroe in writing. the suma socurod by this Secwity Inatrument ahalt be roduvod by the amount of the procads multiplied by the following fraction: (~z) the totul amount of the sums secured immediately beforc the taking, divided by (bj the fair market value of the Property immediately befon the taking. Any balancc shall be paid to Borrower. If the Property is abandonod by Borrower. or if~ after notice by I.ender to Horrower that the condemnor offe~s to make an award or settte a claim for damages~ Borrower fails to reapond to Lender within 30 days after the date the notice is given. Lender is authorizod to oollect and apply the prooeods, at its option, either to ratoration or repair of thc Property or to the sums secured by this Security Instrument~ whether or not then due. Unless Lender and Barroaer otherwise agra in writing, any application of proaeds to principal shall nat eatend or postpone the due date of the moatbly payments refenod Eo in paragraphs 1 and 2 or ctiango the amount of such paymrnts. 10. Bore~ower Not Rdeased; Fo~besranoe By Iander Not a Ws[~ar. ~Extension of the tim~e for payment or modiflcalion of amortization of the sums secured by this Security Inatrument granted by I.ender to any au~cessor in interost of Bonower shall not operate to nie~se the liability of the original Bonower or Borrower's sucxessors in interest. Lender shall not be required to commene~ proceodinga apinst any successor in interest or refusb to extrnd timc for payment or otherwise modify amortization of the sums socured by this Security Instrument by n~son af any demand made by the origiaal Borrower or BorrowePs successors in interest. Any forbe~rana by Lender in exacising any right or remody shall not be a waiver of or preclude thc exercise of any right or remedy. ~ il~ Snccasori ~ed As~i~ Bo~; dolnt ~~ed S~enl L3~billty; Co-dgners• The oovenants and agraments of this Socunty Instrument shall hind and bene6t the sucxesaors and assigns of Lender and Borrower. subjoct to the provisions . of paragraph 17. Honower's covenanta and a,graments ahaU be joint and sevtral. Any Borrower who co-siga~ this Socurity Instrumeat but dues not execute the Note: (s) ia casigning this Security Instrument only to mortgage, grant and convey ~ that Horrower's interost in the Property uader the ~erms of this Soeurity Iastrument; (b) is not personally obligated to pay the sums securtd by this Sxurity Instrument; and (c) agas that Lender and any other Borrower may agra to extend. modify. forbear or make any accommodations with regard to the terms of this Security Instruu~ent or tht Note witKout that Borrower's consent. . . 12. Loan G7u~rges. If the loan socured by this Security Instrumeut is subject to a law which sets maximum loan - charges, and that law is flnally interpnted ao that the interest or otha loan charges collected or to be cotixted in connection with ihe l~n eacad the permitted Umits, 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 colloctod from Borrower which eace~ed permittod tiauts wiU be refunded to Borrower. Lender may choose to make this refund by roducing the principal owQd under the Note or by making a dircet payment to Horrower. If a refund reduce.a principal~ the reduction will be treated as a partial prepaymeat without any prepaynieat charge under !he Note. 13. I.egial~tioB A~ect~8 I.ender's RlSbta. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security.Iratrument unenforceable aocording to its terms. Lender, at its option. ' may roquire immcdiate payment in full of all sums securod by this Socurity Instrument and may invoke any remedies ! ~ permitted by paragraph 19. lf Lrndu exercises this option, Lendtr sball take the sttps spoci8ed in the sa~;ond paragraph of ~ • ~ ~ P~Braph 17. ~ 14. Nodcea. Any notioe to Borrower provided for in this Security Instrument shall be given by delivering it or by r mailing it by first class mail unleu appficable law requires usc of another method. The notice shall be dirocted to the ~ ~ Property Address or any other address Borrower designates by noticc to I.endcr. Any notice to Ler?da shall be given by Rrst clsss mail to I.ender's address s~atod herein or any other address L~.mder de"signates by notice to Borrower. Any notice ~ providad for in this Securiry Instrument shall be damcd to have ban given to Borrower or Lender whcn givm as provided ; in this paragraph. - E 15. Go~ernlag Law; Se~erability. This Security Instrument shall be governod 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 conBicts with applic8ble iaw~ such cQnflict shalt not affect other provisions of this Security Instrumrnt or the Note ~ which can be given e~'ect without the ~onflicting provision. To this end the provisio~~s of this Security Instrumtnt and the ~ Note are declared to be severable. . 16. Borror?er'e ~opy. Borrower shall be given one conformed copy of the Note and of this Sccurity Instrument. 17. Trsnafer af t~e Property or a BeaeHcial Interat ie Horrower. If all or any part of the Property or any interest in it is sold or transferrod (or if a btnetieial interat in Borrower is sold or transterred and Borrower is not a natura! persc~n) without Lender's prior written canscmt~ Lender may~ at its option, roquire immediate payment in full of ali sums socured by this Security Instrumrnt. However~ this option shall not be taercisod by Lender if exercise is prohibited by federal law as of the date of this S~curity Instrument. If Lender eaercises this option, Lender ahall give Borroaer notice of acceleration. 'The notice shap provide a period of not less than30 daya from the date the notice is deliverai or mailed within which Borrower must pay all sums socured by this 5ecurity Instrument. If Horrower fails to pay these sums prior to tht expiration of this period, Lender may invoke any remedies permittai by this Security Instrument a?ithout further notioe or demand on Borrower. 18. Borrowa'~ Right to Reiostats. If Bonower meeta cxrtain conditions, Borrower shali have the right to have enforcement of this Security Instrumtnt dis~ntinuod at any time prior to the earlier of: (a) S da~rs (or such other period as applicable laa may specify for reinstatecnent) bd'ore sale of the Property pursuant to any power of sale contained in this Security Inatrument; or (b) entry of a judgnent enforcing thia Security Instrumer~t.1'hase cunditions are that Borrower: (a) pay~ Lender all sums which tben would be due undrr thia Secerity Instrument and the Note b~d no acxelcration occunai; (b) cures any default of any ather covrnants or agraments; (c) pays all expenses incurrod in enforciag this Sxurity Inatrument, including, but not limited to. reasonable attorneys' Pas; and (d) taices such actian at Lender may reasonably roquire to assure that thc lien of this Security fnstrument, I.ender's rights in the Property ansf Borrower's obligatian to pay the sums socured by this Security Instrument shall continue unchangod. Upon reinstatemeat by Bonower, this Socurity Jnstrumtnt and the obligations securod hereby shall remain fully eR'ective as iPno saxleratian had occurrai. However. this right to ninstate shall not appty in the case of acxeleration urider para~raphs 13 or 17. ~ B09K PACf 9~t7