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HomeMy WebLinkAbout0954 . • It Lende~ reqi~rrt:rl rn~tlg2t~e msu~~3nCe as a cund+t~on of mak~nglhe Ic~~~n secuie~d by Uli$ SCCU11~~/ Ill~ir~imen!. E~:ur~N~cx sii~~!I ' ~ . ~~ay !he pre.~miums requ~reo to nia~ntain the ir,sur~~nce in etfed untd such t~me aS ihe requ~+en~ent Iw thc ~ns~uanCClennmates ~n ~ acr,o;danca ~ti°~th E3orro~ver's and Lender's ~.ti~r~iten ac~reeinent oi appl~tahle la~v 8. Inspectlon. Lender or ~ts agent may make reasonable enti~es upon and inspe~:tions ot ihe Prope~ty l_ender shall gwe Bo~ras~~er nolice ~t the tiine ot or {?nor to an inspr~Uun sE?ecify~ng reasonaUte c~use tor Ihr, inspect~on 9. COndemnatlon. Tt~~ proceeds ot any award or clairn lor darnages, d~rect or consc~~uent~al, in connect~on ~~r~th any condemna!~on or other taking ot ary part of the Properiy, or lor conveya~ce I~ev of condemnat~on, a!e hefeby assigneii an~ sha~1 b~ pa~d to Ler~der 1n the c~vent of a total taking of the Property, the proceeds shall be appiied to the sums Secured by this Secunty lnstrument. whether or nut then due, ~vith any excess paid to E3orrower. tn the ~vent ot a partial taking ol the Property, unless E3orrovver and lencfer othen~~ise agree in ~~riting, the sums secureci t~y this Securily Insirument st~aU be reduced by ihe amounl ol ti~e proceeds multiptied by the fot(owing fractio~~~ (a) Ihe total amaur.t ot ?he sums secured immediateiy betore lhe taking. d~vided by (b) the fair rna~ket value ol Ihe Property immed~ately betore iha taking Any balance shali be paid to Qo?rower. It the Propeity is abandcnc;d by Botrower. or it, afl.:r iotice by Lender to E3o~ro~ver ;hat the condemna oifers to make an award or setilc a claim tor damages. Borrower fails 1~ ~~-•::pond lo Lender ~vithin 30 days aiter ihe date fhe notice ~s given, lender is autharized to collect and apply the proceeds, at ;ts opt~cn, either ta restoration or repai~ ~t the Property or to ihe sums secure~ by this Security Inslrument, whether ~;r no! then due. Unless Lender and Borrower olherw~se aoree in writing, any app6cation o( proceeds to principal shali not eatend or ~ postE?one the due date ot the monihly payment~ reterred !o in paragraphs 1 and 2!o ~hanye ihe an~ount ot suct~ payme;its 10. Borrower Noi Released; Forbearance 8y Lender Not a Waiver. Extension ot the t~me for payment or modrf~cation oi amortization of the sums secured by this Security Instrument yranted by Lender to any successc~r in interest of Bonower shall nol operate to release the liability of the original Borrotiver or Borro~•~er's successors ir~ inlerest. Lender shall not he required to commence proceedings against any successor in interest or re!use to extEndlime for payment or otherwise modrfy amorliza~ion of the sums secured by this Sec~.~riiy Instrumeni by reason of any demand made by the original Borrower er Borrower's successQrs in ~nterest. Any forbearance by Lender m exerc~siny any right or remed~~ shall not be a waiver of or preclude the exercise of any right or remedy. i1. Suc~;easora and Aa:lgnt 8ound; Jolnt and Several Uabilily; Co-signers. The covenants and agreernents ot this Security Instrument sha11 bind and benetit the successors and as~;igns o( Lender and Borrower, subject to the provisions ot paragraph 17. Borrower's covenants and ag~eements shall be jo~nt and severa!. Any (3orro~ti~er who co-signs this Security Instrumenl but does not execute the No1e: (a) is co-signing this Security Instrument on(y to mortgage. grani and convey that Borrower's interest in the Properiy under the terms of this Security Instrument: {b) is not personatty obtigated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, torbear or make any accommodations with regard to the terms ot this Security tnstrument or the Nole wifhout Ihal Borrawer's consent. 12. Loan Chargea. If the loan secured by this Security Instrument is subjecl 1o a!aw which sets maximum loan charges. and tha! law is tinal(y interpreted so that the interest or other loan charges Collecied or to ne collected in connection with the loan exceed the permitted limiis, then: (a) any such loan charge shal! be reduced by the amounl necessary to reduce the charge to the permitted (irnit; an~i (b) any sums already collected irom Borrower vshich exceeded permiltf:d timits wi~l be refunded lo Borrower. Lender may choose to make Ihis refund by reducing the principal owed under lhe Note or by making a direct payme~~t to Borrower if a refund reduces principat. the redudion witl be treated as a partial prepayment without any prepayment charge under the Note. 13. Legtslation Affect(ng Lerrder's Righta. If enactment or expiration of applicable laws has the effecl oi rendering any provision ot the Note or this Security Instrument unenlorceable according to its terms, Lender, at its opt+on, may require immediate payment in (ull oI all sums secured by this Security Instrumenl and may invoke any remedies permitted by paragraph i9. lf Lender exercises this option, Lender shall take the steps specified in the second paragraph of parayraph 17. _ 1~. Nbilcea. Any notice to Barrower p; avided for in this Security tristrumen; shall be g+ven by delivering ii or by mailing it by first class mail unless applicable law requ~res useof another method. ~he notice shall be directed to the PropertyAddress or any other address Borrovrer designa~ps by nolice to Lender. Any notice to Lender shaN ba given by first class ma;l io Ler.der's address stated herein ar any other address Lender designates uy nuiiee iu oarro~~er. Ary r;,ti~c Nr~:~~~+sd for in this Security Instrument _ shalt be deemed to have been g+ven to 8orrotiver ar Lender when given as provided in this parag~aph. 15. Governing Law; SertrabNily. This Securily lnstrument shall be gaverned by fe~era~ ~aw and the law ol the jurisd±ction in which the Property is located. In lhe event that any provis~on or clzuse of this Security Insirument or the Note coniliGs wiih app!icable law, such contlict shall not a~(ect other provisions ot this Security Instrument or the Note which can be given etiect ~vi!hout the conflicting prov~sion. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. BorrowePs Copy. Borrovrer shall be g~ven one contormed copy of the Note and ~i this Security Irislrument. 17. Transfer of the Prop~stty or a Beneflclal lnterest In Borower. If a41 or any part of !he Properiy or any intqest in it is sold o! transterred (or i( a beneficia~ interest in Borrower is sold or transferred and Borrower is not a natural person} r~;fhout Lender's prior written consent. Lender may, at its option, require immediate payment in full of a(I sums secured by this Security Inslrument. ` Nowever, this oation shall not be exercised by ~ender if exercise is proh~~bited by federal la.r as of the date oi ihis S~curi2y Instrumeni ; If Lender exerc+ses Ihis oplion. Lender shall givE Eiorrow~er notice oi acceleration 7he notice sha11 p; ovide a period of not Iess than 30 days Irom the date the n~trce is delivered or mailed within which Borro~ver musi pay all sums secured by this Secur"ty Instrument. IF E3orrower tails to pay ihese sums prior to the expiration of this period. Lender may invoke any remed+es permitted by this Security Instrument without Iu:ther notice or demand on Borrawer. 18. L3arrov?rer's Right to ~elnst$te. If Qarovrer meets ce~tain conditions, Borro~ver shall have the right to have enforcerneni o~ this Security Instrumer~i disconti~ued at any time prior to the ear?~er of: (a) 5 days (or such other period as app~icable " law may specify for reinstatem~nt} be'ore sale of the Property pursuan! to any potiver of sale cortained in this Security Ins;rument; or (b) entry of a judgment enforcir.g this Security Instrument. Those conditio~s dre that Borrovier: (a) pays L.ender a!I sums which then ~.vou!d be due under !his Security Instrumunt and thz Note had no acceleral~on occurred. (b) cures any defau(t of any other covenants or agreements: (e) p2ys all expenses incurred in enforcing this Security tnstrument, inctuding. but not timiied to. reasonable attorney's tees; and (d) takes such action as Lender may reasonab~y require to assure that the lien o( this Sec~rity Instrument, Lender's rights in the Property and Sorrc,wer's obligation to pay the sums secure~ by ihis Securily Instrument shall conlinue unchanged. Upon reinstatement Cy Borrotirer, th:s Secur~ty instrumeni and th~ obligations sec~red her~by shall rema;n , fulty eflecti~~e as if no acceleration had occurrecf. Hoti•~ever. this right 1o reinslate shal! not apply ~n the case of acceleration under pa~ag?aphs 13 or 17. so~~ 5~9 ~~~E g54 ~e.~a,s eac~a, a 1~i b+ Rx~ n~ ~se~ o6?zeg Re. se~ ~ rsozf Pc ~ . _ _ . - - - - - - - - - - - - - i - _ . ..~'-Tr ~ :i~~ _ ~