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HomeMy WebLinkAbout0999 an~ r~~ndemn:~ucm or othrr taking of any part of the Pro~erty, or for ronveyance ~n lieu of rondemnat~on, are hereby ~ ~i.~ignrd and shali br paid to LenJer. ~ ln the e~ent ~?f s tata) tak~ng of the Proprrty. the proce~eds shall be applied to the sums secured by th~s Secunty ~ In~trumrnt, w~hrthrr or n~it thtn due, with any ~xcess paid to E3orrower. !n the evrnt of a partial taking of the Pro~xrty, ~ unless Horrow•er and l.ender uihrrw~ise agree in wnting, the sums secured by this Security Instrument shall be reduced by ~ thr amount of the prexeecis multiplied by the following (raction: (a) the total amount of the sums sec:ured immeciiately brPore the taking, di~•ided by (b) the fair market value of the Proprrty immediately before the taking. Any balanre shall be ~ pa~d tu &~rrow~er. If the Property is ah~ndoned by E3orrowrr, or if, after not~ce by Lender to Borrower that the condemnor ofl'ers to makr an award or xttle a ~laim for damages, Bc~rrower fails to res~nd to Lender within 3~ day~ after the date the notice is g~~ rn. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or rrpair of the Property or t~~ thr sums u~ured by this Se~;unty~ Instrument, whether or nat then due. Unless ~ender and Borrow~er otherw•ise agree in writing, any application of pra;eeds to pnncipal shall not extend or Ex~stpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of surh paymrnts. 10. Borrower Not Released; Forbearance By Ixader Not a V1~ai~er. Eatension of the time for payment or moci~fication of amortization of the sums secured by this Srcurity Instrument granted by Lender to any surcc~sur in interest of Borrow~er shall not operate to releau the liability of the original Borrower or Borrower's successors in interest. L.en~ler shall not be required to commence proceedings against any successor in interest or refuse to extend ~im~ for pa}~mrnt or otherwise modify~ amortization of the sums secured by this Secunty lnstrument by reaxwn otany demand made h~~ the original 13orrow~er or Borrow•rr's successors in interest. Any forbearance by Lender in exercising any right or remedy ,h:~li not be a H aiver of or preclude the exercise of any right or remedy. I1. Sucressors and Assigns Bound; Joint and Se~enl Liability; Co-sjgnen. Thc cavenants and agreements of thii Securit}~ Instrument shall bind and benefit the successors and assigns of [.ender and Borrower, subject to the provisions of paragraph 17. Borrow~er's co~•enants and agreements shall be joint and several. Any Borrower w~ho co-signs this Secunty lntitrument but does nc~t execute the Notr. (a) is co-signing this Security instrument only to mortgage, grant and convey~ that &~rrower's interest in thr Property under the terms of this Security Instrument; (b) is not personally obligatcd to pay the sums secured by this Sc~-unty Instrument; and (c) agrces that [.end~r and any other Borrower may agree to extend, mc~ify~, forbear or make any arcomnu~dations with regard to the terms of this Security Instrument or the Nvte without that Barrow~er's cons;,nt. ~ 12. [.oan C~arqes. If the loan sccured by this Serunty Instrument is subjec:t to a law~ w~hich xts maaimum loan rhargc~, and that law ic finaliy interpreted so that the interest or other loan charges collected ar to be collected in ~onne~tion w~~th the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount nc~es~ar~~ to reduce the charge to the permitted fimit; and (b) any sums already collec:ted from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the princ~pal ow~ed under the I~ote or by making a direct payment to Horrower. If a refund reduccs pnncipal, the reduction will be treated as a pan~a) prepayment w~ithout any prepayment chargc under the Note. 13. I.egislation Afiecting I.ender's RigLts. 1( enactment or eap~ration of applicable laws has the effect of rrndering any~ pro~ is~on of the Note or this Secunt~• Instrument unenforceable according to ~ts terms. Lender, at its option, ma}~ reyuire immediate payment in full of all sums scYUrcd b}• this Security Instrument and may im~oke any remedies pc ~mitted by paragraph 1~. If 1_ender exercises this option, Lender shall take the ste{n specified in the srcond paragraph uf ~aragraph 17. ~ 14. \otiees. An~ notice to Aorrow~er pro~~ided for in this Security Instrument shall be g~ven by del~ver~ng it or by~ ma~l~ng it b}~ first cla~s mail unless applicable law• rcquires ux of another method. The nodce shall be d~rected to the ~ Pr~~~rt} Address or an}~ other address Borrower designates by notice to Lender. Any notire to Lender shali be given by tirst ~{a~,c mail to Lender's addres~ statcd herein or an}• othcr address Lender destgnates bp notice to Borrow~er. Any~ notice rrcn ided fur in this Secunt~~ Instrument shall be deemcd to havc been g~ven to E3orrowcr or Lender when g~ven as pro~ided " in th~ti parggraph. 15. Governing I.aw; Sererability~. Th~s Secuntp Instrumcnt shall be governed 6y federal law and ihe law• of the ~urisd~ction in v?hirh the Property is localed. [n the e~•ent that any prov~sion or claux of this Secunty Instrument or the i ~~~te conflktt with applicable law~, sueh cnnflict shal) not affect other provisions of this Secunty Instrument or the Note wh?~h ran be g~~en efTect w~~thuut the conflicting pro~~sion. To this end the provisions of this Secunty lnctre~men! and the ` tie~te are declared to be se~~erable. ~ 16. Borrower's Copy. Borrower ~hall be gi~en c~ne conformed copy ~f the tiote and of thi~ Secunt}~ Instrument. ~ 17. Transfer of the Property or a Beneficial Interest in Borrower. [f all or any part of the Propeny or an~ intere~t in it is sold or tran~fetred (or ~f a beneficial ~nterrst in Borrower ~s scild or tramferreci and &~rrower iti not a natural t ~rum) with«ut l.ender's pnor u~ritten constnt, Lender may, at ~ts opti~n, reyuire immediate payment ~n full of all sum~ ~ ~ecurrci hy thit Serurity Instrument Hc~wever, this option sha3! nor be e~ercised by l.ender if exercise i~ prohibited b~ ` frderal I:~w a. <~f the date c,f tni~ Se~unt~~ Instrument. If Lender exrrri,r, th~~ cipnon. I_ender sfiall gnr &~cruwer nohce c~f arceleratiun. The not~ce shall prenide a penud ~~f n~~t leti~ than 30 da}~ frnm the date the not~ce t~ deli~~ered or ma~led w~th~n which &~rrower mutt pa} all tiums uYUred by ~hi~ Sc~-u:~t} (nstrument. If Borrc~w~er fasls to pay~ thru sums pnor to the erpiration of th~s penod. Lender may ime~ke an~ renzedic~ ~ermitted h~~ thiti Srrunty~ Instrument without further noticc or demand on Borrower. 18. Borro~er's Riqht to Reinstate. If F3orrc?wrr mcets certa~n cond~lions. Horroaer shall ha~~e the nght t~ ha~e rnf~rrement c~f th~s Secunty~ Instrument dixonunued at any time prior to the earlier ot': (a) 5 day~s (or wch cther peri~~ci as applicahle !aw ma} ~pec~f} for reinsta~ement) before tiale of the Property punuant to an~~ power of sale conta~ned in thi~ Srcurit~ Imtrurnent: c+r (b) entry of a ~udgment enf~~rcing th~s Secunty lnsttumr~t. Thcxe cond~t~ons are that &~rrow~er: ta1 ps~i Lend~r aU sumr which then uouid be due under this Security Instrument and the tiote had no acceleration <xcurred: (h) curc~s any de(ault of any ~xher co~enants or agreements; (c) pa}S all expenu~ incurred in enforc~ng th~s ~ `~tcunty Instrument, mcludang, but n~~t limited to, reawnable attorneys' fees; and (d) takec ,uch action as Lendet may reaumably reyuire t~~ as~ure that thr I~en of thi~ Sec:unty ~nstrument, l.rnder's nght~ ~n the Pruperty and &~rrower's ~ o~l~gatu,n tc~ pay the sumti tieiured b}~ th~s Secunty Inttrument shall conunue unchanged. U~x~n reinstatement b}~ ; &~rr<~Ner, th~ti Sc~unt} Imtrument and the obligah~m5 se~ured herehy shall remai~ fully eflecti~e as ~f n~ acceleration had ~kcurrrd. Hc~we~er. thi~ nght ~<i rem~tate shal{ not ap~ir ~n the cax of accelerati~m under paragraphs 13 or 17. ` R 59fi PAGE 999 ~ _ , ~ti.. Y a ~+c--~--..wr~r~a. - ~ ` e - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~