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HomeMy WebLinkAbout0999 1 ? ' ~ • . , • ~ . If Lenda required mortgage insurana us s condition of mnking the loan aecurod by this Socurity Instrument. Borrowec shall pay the premiuma required to maintaia the insurana in oRoct until such time as the requircme~t for the insurance terminatea in sccordance with Borrower's and Lender's wriite~ agcament ar applicable law. 8. ~iupection, Lender or its agent raay make reasonable entrees upon and inspoctions of thc Property. Lender shall givo Borrower notice at the time of or prior to an inapoction spocifying reasonable cause for the inspoction. 9. CondemnaNoa. The proceeds of er?y award or claim for damsges. diroet or cansequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation~ are htreby ~ assigned and shall be paid to Leader. In the event af a total taking of the Property. tha pr~s shall be applied to the sums socurod by this Secarity Instrument~ whether or not thrn due, with any esc,eas paid to Borrower. In the evsnt of a partial taking of tNe Property. unlesa Bonowcr and I.ender otherwise agroe in writing, thc sums securcd by this Security Instrument shail be reduoed by the amount of the proceods multipliod by the following fraction: (a) the totai amount of the sums socured immediately 'bofore the taking, divided by (b) the fair market vatue of the Property immodiately before the taking. Any balance shall be paid to Horrowsr. If tbe Property is abandoned by Borrower, or if, after notice by Lender to Bonower that the condemnor offers to make an award or settle a claim for damages, Bonower fails to respond to Lender within 30 days aRer the date the notice is given, Lender is suthorized to coUact and apply the procoeds, at its option~ either to restoration or repair of the Property or to the sums socured by this Socurity Instrument, whether or not tha4 due. Uniess Lender and Bonower otherwise agroe in writing, any application of procxods to principal shall not extend or postponc the due daic of the montlily payments referrod to in paragraphs 1 and 2 or change the amount of such payments. 10. Botrower Not Relp~eed; Forbqranee By I.~tla Not a Wai~er. Eatension of the time for payment or modi6cation of amortization of the sums socurod by this Security Instrument grantod by Le.mder to any successor in interat of Bonower shall not operate to reteast the liability of the original Borrawer or Borrower's succcssors in interest. I.ender shall not be roquired to comarencx proceodings against any succes.sor in interest or refuse to extend time for ~ayment or oihera?isa rnodi!'y amortization of the auma secured by this Security Instrument by resson of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remody shali not be a waiver of or preclude the exercise of any right or remedy. il. Suoce~ots and Aat~ Houad; Joint and Se~uai LiabWty; Go-stg~otrs. The oovenants and agreem~nts of this Security Instrument shall bind and benefit the succes.gors and sssigns of Lender and Borrower. subject to the provisions of paragraph 17. Horrower's oovenants and agretmrnts ahaU be joint and aeveral. Any Bonower who co-signs this Socurity Instrument but does not execute the Note: (a) is co-signing thix Security Instrument only to mortgage, grant and convey that Borrower's interest in the Proptrty under the tetms of this Security Instrumcnt; (b) is not personaUy obtigatod to pay the suma socurod by this Security Instrument; and (c) agrees that Lender a~ad any ather Borrower may agree to eatend. modify. forbear or rt~ake any accommodations with r~egard to the ternts of this Socurity tnstrt~ment or the Noie without that Bor+rower's conscni. 12. Loan (~arga. If the loan securod by this Socurity Instrument is subject to a law which sets maximum loan charges, and th$t law is finally interpreted so that the interest or other loan charges collectod or to be colte~ted in connection with the loan ea~ceod the permitted limits, then: (a) any such toan charge shatt be roduoed by the amount nocassary to reduce the charge to the permitted limit; arid (bj any sams already collrcted from Borrower which cacoedod permitted limits will be reiunded to Borrowtr. Lendtr may choose to make this refund by roducing the principal owed under the Note or by inaking a diroct payment to Borrower. If a refund roduces principal, the reduction wiU be treated as a partial prtpayment withovt any prepayment charge under the Note. 13. Legialadon AHecdng Leqader's Rlg6ta. If enactment or expiration of appticable laws has the effect of rendtring any provision of the Note or this Socurity Instrument unenforoeable according to its terms, Lender, at its option, raay roquire immodiate payment in ful! of all sums secured by this Socurity Instrument and may invoke any remedies permittod by paragrapb 19. If Lender eaercises th'ss option, Lender shall take the steps specified in thc socond paragraph of paragraph 17. 14. Notlcea. My notice to Borrower provided for in this Secusity Instrument shall be givrn by dclivering it or by ~ mailing it by first class mail unless applicabte law roquires use af another mothod. 'I'he notice shaU be directed to the Property Address or any other ad~rass Borrower dtsignates by notice to Lender. Any notice to I.ender shall be given by 8rst class mai! to Lender's address statod herein or any othcr address Lender designates by noticc to Banower. Any notice providod for in this Security Instrument shall be damed to havc baen givcn to Borcower or Lender when given as provided in this psragra~h. 1S. Go~erning Law; Sererabtitty. This Security Instrument shall be governed by fedetal law and the !aw of the ' jurisdiction in ahich the Property is locatod. Ia the evertt that any provision or clause of this Security Instrument or the ! Note con9i^ts with applicable law, such conflict shall not affxt other provisions of this Socurity Instrument or the Note ~ ahich can be given ~ffect without the con8icting provision. To this end the provisions of this Security Instrument and the Note are doclared to be severable. 16. Borrowsr'a Copy. Horrower shall be given on~ conformed copy of tht Note and of this Security Instrument. 17. Transfer of t6e Property or a BeneScl~1 Intereat ia Horrower. If all or any part of the Property or any interest in it is sold or iransferred (or if s beneficial interest in Borrower is sold or transFerred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums accurod by this Security Insirumcnt. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Sacurity Instrument. . If Lender eaercises this option~ Lendtr shall give Borrower notice of acceleration. ?he notict shall provide a period of not less than 30 daye from the date the noticx is delivered or mailed within which Borrower must pay all sums secured by this Security Instruraent. If Borrower fails to pay these sums prior to the eapiration of this periocl, I.ender may invoke any ~ remaiies permitted by this Security Instrument without further noti~ce or demand on Honower. 18. BorroAer'= Rlght to Rei~ate. If Sorrower mats certain conditions, Borrower shap havc the right to have , enforcement of this Security Instrument disoantinued at any time prior to the earlier of (a) 5 days {or such other period as applicable law ~nay spocify for reinataternent) before aale of tht Property pursuant to any power of sale containod in this Security Instrument; or {b) entry of a judgmcnt mforcing this Socurity Instrument. Those amditions are that Borrower: (a) pays Ltnder all sums"which then would be due under this Socurity Instrument and the Note had no accekration occurrod; (b) cures any dsfault of any other covenants or agreanents; (c) pays all expenses incurnd in enforcing this Security Instrumcnt, including, but not Iimited to, reasonabie attorneys' fas; and (dj takea sueh action as I.ender may rasonabiy require to aasure that the lier~ of this Security Inatrument, Lender's rights in the Praperty and Bonower's obligation to pay the sums secured by this Socurity Instsument shali continue unchanged. Upcm reinstatement by Borrower, this Sccurity Instrument and the obligations secured hcreby shaU remain fully effxtive as J no aocekration had occurred. However, this right to r«nstate ahall not apply in the case of acx~eteration under puagraphs 13 or t 7. ~6aRON ~ `V PACE _ . . . _~,o~:_~~..._~_~ - - - - . _ _ ~ _ _ . _ _ _ ~ _ _ _ _