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HomeMy WebLinkAbout0941 ~ i i ~ ' . If Lendrr required morlgage insurance as a condition oP making the loan secured by this Securit~• lnstrumettit, t3urr~~~~~er shall ra~~ ihe premiums reyuired to maintain the insurance in effert until such time as the requi;ement f~r the insurance terminatr~ in acrordanre ~vith [3arrow•e~'s and Lender's written agreement or ap{~licable la~~~. 8, In~pection, i.ender or its agent may n~ake reaswtable entries t?pon and inspections of the Property. L~nder si~all gi~~e l3orr~»~~er notice at the time of or prior to an ir~spertion specifying reasonable cause f~r the inspection. 9. Condemnation. The proceeds oC any a~vard or claim for dainages, direct or consequential, in ronnection with any~ rondemnati~~n or othe~ taking of any part of the Property, or for r~~m~eyance in lieu oi condemnation, are hereby as,igned and shall be paid to L~~nder. In the event of a t~~lal taking of the Property, tht~ praceeds shalt be applied to !he sums secured by this Security In,trUmrnt, ~+fiett~er or n<~t thcn due, ~i~ith any excess paid to Barrower. In the event of a partial taking of the Yroperty, unlcss fiorrower and l.encier othen?•ise agree in writing, Ehe sums secured by this Serurity Instrument shali be reduced by the arnaunt e~f thc proceeds multiplied b~~ the follo~~~ir.g fraction: (a) the total amount of the sums secured immediateiy before thc tal:ing, divided by~ (b} the fair market value of the Property immedi,itely~ before the taking. Any batane~ shall be paid t~~ [3orru~~~er. If the Property is ahandoned by f3orroa•er, ~c if, aRer r.otice h~~ Lcnder to F3orro~~~er lhat Ihe rondem?ior ofTers to make an a~card or settte a claim for Janlages, DorroH~er fails to r:.spond to Lender ~~ithin 30 da}~s after the date the notice is gi~•en, Lender is authorized to collect and apply the proceeds, at its eption, citl~er to restoratiol~ or repair of the Property or to the sums secured by this Security Instrument, H•hether or not then du~. Unless Lender and I3orro~cer otherwise agree in writing, any application of pnxeeds to principal shail not extend ar postpone the due date of the manthly payments referred to in paragraphs 1 and 2 or rhange the amount of such payments. l0. Borrower ;~ot Released; Forbearance By Lender I\ot a\}'aiver. E:xte~~sion of the time Por payment or modification of amortizatian of the sums secured by this Security Inslrument granted by Lender to an~• successor in interest of Borro~i~er shall not operate to release the liability of the original I3orro~~•er or Borrower's successors in i~tterest. Lender shall not be required to commence proceedings against any successor in interest or rcfuse to extend time for payment or othenrise m~dif~~ amortization of the sums se~ured by this Security Instrument by reason of any demand made by the original I3orroa•er or I3orrawer's successors in interest. Any forbearance b~~ Lender in exercisirtg any right or remedy shall not be a~~~aiver of or preclude the exercise of any right or remedy. I I. Suceessors and Assigns Bound; Joint and Severa! I.iability; Co-signers. Thc covenants and agrcements of this Security Instrun~ent shall bind and benefit the successors a~id assigns of Lender and I3orrower, subject to the provisions of paragraph 17. I3orro~ti~er's covenants and agreements shall be joint and several. Any 13orrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only ta mortgage, grant and con~•ey ~hat Borrower's interest in the Propert~• under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Securit~• Instrument; a~d (c) agrees that Lender and any other E3orrower may agree to extend, modify. forbear or make an~~ arcummodations with regard to the tern~s of this Security~ Instrument or the Note without that I3orr~a•er's ronsent. 12. I.oan Charges. If the loan secured b}~ this Serurity Instrument is subject to a la~v ~~~hich sets maximum loan charges, and that la«• is finally~ interpreted so that the interest or other l~~an rharges collerted or to be coilected in ~ connection ~~~ith the loan ezceed the permitted limits, then: (a) any such (oan charge shall he reduced bp the amount necessan• to reduce the ctiarge to the permitted limie; and (b) any sums already collected tron~ Eiorro~ti~er which exceeded permitted timits will be refunded to I3~rrower. Lender may choose to make this refw~d by reducing tne principal owed under the Note or by making a direct paymen! to I3orrower. If a refund reduces principal, the reduciion will bc~ treated as a partial prepa}•ment ~~~ithout any prepayment rharge under ine Note. ~ 13. Legislation Afiecting I.ender's Rights. If enactmen[ or expiration of applicable laws has the eiTect of rendering any provision uPthe Note or this Security Instrument unenforceable according to its terms, Lender, at its option, ma~~ r_quire immediate pa~~ment in full of all sums secured by this Securit}• Instrument and may in~~oke any remedies pern~itted by paragraph i9. If Len~er exercises this optian, Lender shall take the stepti specified in the second paragraph of paragra~h i 7. 14. Notices. An}~ notice to BorroK•er provided for in this Securit~~ Instrument shall be gi~•en b~~ delivering it or by mailing it b)• first class mail unless applicable la~+• reyuires use of another method. The notice shall be directed to the Propcrt~• Address or any other address BorroH•er designates by notice to Lender. An?• notice to Lender shatt bc given by first class mail to Lender's address stated herein or an}~ other address Lcnder designates by notice to I3orro«•er. Any notice pro~•ided for in this Securit~• Listrument shall be deemed tc~ ha~~e bern gi~•en to t3c~rrow~er or Lender when given as provided in this paragraph. 15. Governing I.a?+~; Severability. ~This Security Instrument shall he g~n•erned h}• federal la~~~ and the~law of the ~ jurisdiction in which the Propert}~ is loc.ated. In the e~~ent that any pro••ision or clause oi'this Security Instrument or the , . Note conflicts ~ti°ith applicable law, such conflict shall not afTect other provisions of .his Security Instrument or the iVote ~~hich can be given efi'ect ~~•ithout the conflicting pro~•ision. To this enci the provisio~is of this Security Iristrument and the . Note are declared to be severable. 16. Borrower's Copy, I3orro~t~er shall be given one cor~formed copy of the Note and of this Security Instrument. • t7. Trznsfer of the Yropcrty or a Deneficia! Interest in Borrower. If all or any part of thc ~'rof~erty or any interest in it is sold or transferred (or if a beneficial intcrest in 13orro~ver is sold or transferred and f3orrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in fuit of all sums secured b}• this Security Instrument. How•e~~er, ihis option shall not bc exercised by i.ender if exercise is prohibited by f~deral la«~ as of the date of this Security Instrumeni. If Lender exercises this oplion, Lender shali give BorroK•er rtoiice of acceleration. 7~he notice sha]i provide a period . of not less than 30 days fcom the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior !o the expiration of this p~riad, Lender may im~oke any remedies permitted b}~ this Security Inst~ument ~ithout further notice or demand on Dorrower. 18. BorroK-er's Right ta Reinstate. If Borro~ver meets ~ertain conditions, Borrower shai! have the right to have ei~forcement o;'this Security Instrument discai:tinued at any time prior to the ear(ier of: (a) S days (or such other period as a~plicable la~~• may spec~fy for reinstatement) before saie uf the Property pursuant to any power of sale contained in this Security [nstrument; ar (b) entry of a judgment znforcing this Security lnsirument. Those condit~ons are that Borrower: (a) pays Lender all sums which then ~~•ould be duc under this Security Instrument and the Note had no acceleration accurred; (b) cures any default of any other covenants or agreernents; (c) pays all expenses incurred in enforcing tF~is Security Instrument, including, but not limited to, reasonable attorney.s' tees; and (d) takes such aeti~n as Lender may , ~ reasonably rey~~ire to assure that the lien of this Security tnstrument, Lende~'s rights in the Property and I3orrower's ' oblig~tion te pay the sums secured b} this Security [nstrument shalt continue unchanged. Upon reinstatement by [3orro~ver, this Security Instrument and the obligations secured hereby shall remain tully ef~ective as if no acceleration had occurred. Howe~•er, this right to reinstat~ shall not aQply in the case of acceleration under para raphs 13~,r~7, _ ~OUK U~~ ~AGE ~ - - _ . _ _ - - ~ ~ _