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HomeMy WebLinkAbout0994 suooessr~rs and assigns of Ler~der arxi eorro~rer, subject to the pravisior~ of paragraph 14 belaw. Bor~x's ayverkvzts and agr~nents shall be joint and several. Any Borrower who oo-signs this Security Instnm~nt but does not execute the Note: (a) is oo--signirx~ th~.s Security Instnm~nt onl.y to morbgage, grant and oorYVey that Borraw~r's internst in the Prapexty w~der the tenr~s of this Security Instrw~nt; (b) is not pe~sonally obliqated to pay the sims secured b~y this Security Instnm~ent: and (c) agre~s that Lerxier artid any other Borra~,t~r may agree to extend, modify, fo~e,ar or mak,e any aoooamnodations with regan~ to the terntis oF ~ this Security Instnm~ent or the Note withaut that Bort~aw~er's oonse.n~. : 4 ~ 9. IC~1N ~ If the laan securec~ by this security Instnm~ent is subject to a law which ~ sets maximum loan charges, aryd that law is finally inteYpreted so that the ~ interest or other loan charges oallected or to be oollect~~ed in oonr~ection with 2 the lcaan exceed the peYmitted limits, then: (a) any such loan charge shall be reduced by the amount necessaYy to rechioe the charge to the pexmitted limit; and (b) any stuns already o~llec.~t~ed from Borrawer which exceeded penti.tted limits will be refunded to Borraw+er. L,er~der may choc~e to make this refltr~d ?~y reducir~g the principal cywed w~der the Note or by makfng a direct payme.nt to BorroFrer. If a ; refund reduoes principaZ, the reduction will be treated as a partial prepaym~..nt without any p~~alty charge under the Note. 10. r~c,T~iATTC~I AI~~C1~iG IEN~I2'S RIGfII'S. If enactznent or e.~piration of applicable laws has the effect of rendering any pravision of the Note or this Security Instnm~_nt unenforoeable aooordir~g to its ternts, IP_nder, at its option, may require i~nediate paym~lt in ivll of all ~ sums secured by this Secvrity Instnune.nt and may irnolc~e ariy remedies peYmi.tted by ~ , paragraph 16. If Iender exercises this option, Le,.nder stiall take the steps ' specified in the seoond paragraph of paragraph 14. ~ 11. A1(7rIC~SS. Any notice to Borrawer prwided for in this Security Instnm~~nt shall be given by delivering it or by mailing it first class mail unle.ss applicab2e law requires use of another method. 2he natice shall be direct~d to the Propeity Address or any other address Borrvwer designates by notice to L~...nder. Any notioe to Lender shall be given by first class mail to Ier~der's address stated herein or any other address I~nder designates by r~otice to Borrawer. Any notice pravided ' for in this Security Instnm~nt shall be deemed to have been given to Borrvwer or ; I,ender when given as pravided for in this paragraph. ~ , 12. c~W~WIId1Il1~G LAW; - j Zhe Security Instrtun~,nt shall be gwe.nned kyy federal l~w and the law of the I jurisdiction in which the Property is located. In the event that ariy provision or clause of this Security Instrwnent or the Note secured he.re.by oonflicts with applicabie law, such oanflict shall not affect other provisions of this Security Instrume.nt or the Note secured hereby which can be qiven effect without the mnflictirx~ provision. Zb this end the prwisions of this Sec~irity Instnm~e.nt ar~d the Note secured hereby are declared to be severable. 13. B~R'S ODPY. ; Borrawer shall be given one confoi~ned ca17y of the Note and of this Security I Instrmt~x~t. II I4. ~FER OF D-IE PROP~'Y ()R A ffi~IC~AL ~ IN B~4~II2. If all or ! any part of the Property or any intQxest in it is sold or transferred (or if a ~ b~neficial interest in Borrawer is sold or transferred and Forrow~x is not a natural person) without Lender's prior written oonsent, Le,nder may, at its ~ option, require i~nediate gayment in full of all swris secured by this Security ~ Instnunent. Hawever, this option shall not be exercised l~y Lender if exer+cise i.s prohibited by federal law as of the date of this Secu.rity Instnuneilt. If Lender exercises this vption, L~~der sha1Z give Borrawer notioe of aoceleration. Zhe notice shall pravide for a period of no less than 30 days frvm ~ the date t~he notioe is delivered or mailed within which Bonasaer must pay all sim~.s securecl by th.is Security Instnm~ent. If Borrow~er fails to pay these stmts prior to the expiration of this period, Ier~der may ir~voke ar~y remedies pennitted by this Security Instrwn~_nt withvut further riotiae or demand on Borrowex. 1.5. B~WII2'S RI(ZiI' 'PO ~TE. t If Borrower meets certait~ oonditions, Bon~nwer shall have the ric~t to have ~ enforcement of this Security Inst.t~m~e.nt discontinued at ar~y time prior to the earlier of: (a) 5 days (or such other period as applicable law may speci.fy for reinstatement) before sale of the Property pursuant to any pvwer of sale -4- BUOX ~ f ~ PAGE 99~ _ . _ _ ~ ~