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HomeMy WebLinkAbout0665 ~ ~ If Le~der required mortgage insurance as a condition of making the loan secured by this Security L~strument, I3~~rru~~~er shall pay the premiums required to maintain the insurance i~ effect until such time as thc requirement for the insuranre terminates in accordance with Borrower's and Lrnder's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable ~ntri~~ upon and imprctions of the Pro~rt~•. Lendrr .hall gi~~e B~~rrower notice at the time of or prior to an inspection speciCying reasonable cause for thc inspection. 9. Condemnation. The proceeds ot~ any aw•ard or claim for d~mages, direct or consequential, in connection w~ith ~ny rundemnation or other taking of any part of the Property, or for conveyance in licu of condemnation, are hereby as.ignrd ~nd shall be paid to Lender. In the event of a total taking of the Property, the proceeds sh~ll be applied to the sums secured by this Security Instrument, ~vhether or not then due, with any excess paid to Borrower. tn the event of a partia) taki~g of the Property, unless I~orrower and l.ender otherwise agree in writing, the sums secured by Ihis Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the iair market value of the Property immediately before the taking. Any balance shall be raid to Borrower. If the Property is abandoned by Borrow~er, or if, after notice by Lender to Borrower that the condemnor offers to make an a~vard or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Le•nder is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Propeny or to the sums sc~ured b} this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date oP the monthly payments referred to in paragraphs 1 and 2 or change the amount of such pa~•ments. 10. Borrower Not Released; Forbearance By Lender Not a~Yaiver. E~tension of' the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrow~er shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any de~and made " by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a w~aiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co•signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any $orrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a I:~w which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shatl be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borro~ver which exceeded i permitred limits will be refunded to Uorrow~er. Lender may choose to make this refund by reducing the principal owed ` under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wilt be treated as a ~ partial prepayment without any~ prepayment charge under the Note. ~ 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the eflect of ~ rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, ' = may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies ~ permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. l4. 1~otices. Any notice to Borrower provided for in this Security Instrument shall be given b}• deli~~ering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the ~ Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be gi~•en by ~ first class maif to Lender's address stated herein or any other address Lender designates b}~ notice to Borrow~er. An}~ notice provided for in this Security Instrument shall be deemed to have been given to Borro~ver or Lender ~~~hen given as pro~~ided ~ in this paragraph. 15. Governing I.aw; Severability. This Securit}• Instrument shall be governed by federal law~ and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Securit~• Instrument or the ~ Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note ~ w•hich can be given effect without the conflicting provision. To this end the provision~ of this Securit}• Instrument and the ~ Note are declarcd to be severable. l6. I3orrower's Copy. Borrower shall be given one conformed copy o(the Note and af this Securit~• Instrument. t 17. Transfer of the Property or a Beneficial ~nterest in Borrower. If all or an~~ part of the Pro~erty or any ~ intere~t in it is sold or transferred (or if a beneficial interest in Borrower is sold or traiisferred and Borro~t•er ic not a natural ~ ~,enon) without Lender's prior written consent, Lender may, at its option, reguire immedi:itr payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised b~• Lender if exercise is prohibitrd by federal law~ as of the date of this Security Instrument. If Lender crcrcises this option, Lender shall give Borrow~er notice of acreleration. Thr notice shall pr<~~ ide a~criod - of ncn Ir~~ than 30 da}•s from the date the notice is delivered or mailed w~ithin ~~~hich Borro~~~er must pa~• all sums securrd by thiti Sccuritt~ lnstrument. If I3orrow~er fails to pay ihese sums prior to the erp~ration of this ~rriad, Lender ma}• in~~~~ke any s rrmedirti rermiued b}~ this Security lnstrument without further notice or dcmand ~n E3orroH~rr. ` 18. 13orrower's Ri~ht to Reinstate. if Borrower meets certain conditi~ns, f3orrow~er shall }ia~~e the ~ight t~~ have fi rn~urrrment of thiti Security Inttrument discontinued at any time prior ro th~ earlicr of: (a} 5~~}~s (or such other peri~id as & arplicahle law• ma} ~pecify for reinstatement) t?efore sale of the Prorerty pur~uant to any jx~wer of ~~le contained in this ~ Srruri~y Imtrnment: or (b1 entry of a judgment en~orcing this Securiry Instrumcnt. Thou c~~nditions are that Borm~~er. (a) ra}~ Lcnder all tium~ which ther~ would be du~ under this Security In~trument and the Ivote had no accel~ration ~ ~~rrurred; (h) curc~ ~ny default of any~ other coven~nts or agreement~; (c) ~ays all expen~es incurred in enforciiig this ~ Scruntt Imtrumrnt, including, but n~t limited to, reasonable attorneys' feeti: and (d) takre such acti~n a. Lender may ~ rca,~inahlc reyuir~ t~ a~tiure that the hen c~f this Securit}• Instrumcnt, Lender's righis in Ihe Pro~xrt}~ an~i E3orro«~er's ~ oblig:iUnn ra} thr tumti urured b~• this Securit}~ Instrument shall'c~~rtinue unchanged. U{x~n reinstatemen~ b}' ~ Ii~~rr<~~tirr, thi~ Securit~ Intiirument ~nd thr c~hliga!~um ~ecured hereb~~ ~hall rrmain full~ ~(Trrti~~r a. ~f no accrlcratiem had c?~currecl. 1lc~~~c~cr, this nght to reintitate ~hall not ar~+i}~ m the ca~e ~~I a~celcr: t~ ~ u r:iragraph. 1 ~ ~r I%. 9~~~~~~ ~a~: 287 s~K674 ~?~E 665 ~ - ~ , ~ ~