HomeMy WebLinkAbout0793 l3.>rrcrvcr [ailt to respond to LeuJer within 30 ilays after the date ~he noticc is given, L.ender is autAorized to collcct and apply t!x procceAs, at its option, eithcr to
resioration or repair of the Property or to the sums sccured by this Security Instrument, whether or not then due.
• llnless I.ender and Borrower otherwise agrce in writing, any apptication of proceeds to principal shall not extend or postpoee tAe due dnte of the monthly
~.a~~mcnts re(tired to io paragraphs 1 and 2 or change the amount of such payTncnts.
10. Borrower Not Rekase~ Forbearaece By Lender Not a Wairer. E~ctension ot the time [or payment or modification of amortization of tAe sums secured by
ihis Seeuriry Inctrument granted by L.ender ?o any suecescor in interest of E3orrower shail not operate to rclease the liability of the original Borrc+~atir or l3orro~vYrs
~uccessois in intecat.
Lcnder shall na be requircd to commcnct proccedings against any successor in interat or ref~ue to extend time for payment or othenvise modify amortiiation
.>f ~he sums secured by this Security lnstn,mcnt by reason of any demand made by the original Borrawer or Borrowers sueresson in interest. Any foiDearance by
l rndcr in exercising any right or remeJy shall not be a waiver of or prcclude the e:ercise of any right or remedy.
11. s~ceessors ana ~ss~ Bo~~ ,ioin~ ana se.Y~ i;abtucr co-S~ners. 'Il~e mvenants and agceements of this Security Instrument shall bind and benefit the
successors and assigns of Lender and Borrower, subject to the provisioos o[ paragraph 17. Boav~wer's covenants and agreemeats shall be joint and sevenl. Any
l3orrower wbo co-signs [his Securiry Instrument but does not execute the Note: (a) is co-signing this Securiry lnstrument only to mortgage, grant and convey that
t3orm~.Yrs interat in the property under the ternu of this Security Instrument; (b) is not personally obligat~d to pay the sums secured by this Security Instrument
and (c) agrees that Lender and any other Borrawer may agrec to extend, modify, [orbear or mare any accommodations with regard to the ternu of this S~curity
In~trument or the Note without that l3orrovYtr's consent.
12. I.wn Crarges. If the loan securcd by this Security Instn,ment is subject to a taw which sets ma~rimum loan cAargcs, aad that law is finally intecpreted so that
!hc ineerest or other loan charges collected or to tx collectcd in connection with the loan excecd the permitted limits, then: (a) any such loan charge shall be reduced
by ihe amount nectssary to reduce the charge to thc permiued limit; and (b) any sums already collected (rom Borrower which exceeded permiued limits witl be
reiundcd to Borrower. Lender may choose to make thic re[uncf by reducing t6e principal owed under tAe Note or by making a direct payment to Borcower. 1( a
re(unJ reduces prinripal, the reduction will be treated as a partial prepayment without any prepayment charge under thc Tiott.
13. I.e¢slat{ow AKecfing l.ender's Rights. If cnactment or erzpiration of applicable laws has the effect of rendering any pcwision of the Note or this Security
ins~rument unenforceable according to its terms, Lender, at its option, may requic+e immediate payment in full of all sums secured by this Security Instrumcnt aad
may inwke any reaxdies permitted by paragraph 19. !f Lender exercises t6is option, Lender shall take the steps specified in the secand paragraph of paragraph 17.
14. Noticss. Any notice to Borr~ower prcnided for in this Security Instrument shall be given by delivering it or by mailing it by first clacc mail unless applicabk
!aw requites use of another method. "Ilu notice shall be ~iirected to the PtopeRy Addresc or any ott~er address Borroaror designates by notice to Lender. Any notice
e., I_endzr shaU be g'rven by first class mail to Ixnde~s addrcsc statcd herein or any other address Ixnder designates by notice to Borrower. Any notice provided
i~>r in thic Security Inswment shall bc decmed to have been given to Borrower or Lender w6en given as prwided in this paragraph.
I5~ Gorernins law; Severability. "Il~is Security Instrumcnt shall be governed by federal law and the law of the jurisdiction in which the Property is locatcd. In
c he c~•cnt that any prwision or clause of this Sccurity Instrumcnt or the l~ote coaflicts with applicable law, such con(lia shall not affect other provisions of thic Sccurity
f escrument or the Note which can be given effect without the confticting pro~ision. To this end the provisions of thic Security Instrument and the Note are declared
:o bc severabk.
16. Borrowe~s Copy. Borrow•er shal! be given onc conformed copy o( the Note and of th~c Security Instrument.
17. Traasfer ot t6e Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transCerrcd (or if a beneficial
in~erest in Borrower is sold or transfcrrcd and Borrower is not a natural pe~son) without Lender's priorwritten consent, Lcnder may, at its option, require immediate
;v;~nent in full of all sums secured by this Security Instrument. 1Lowever, this option shall not be exerciseA by Lender if exercise is prohibited by federal law at of
~hc date of this Security Instrument.
If Lender exercises thic option, L.ender shall gi~ti Borrow~er notice o[ acceleration. 'I~e notice shall provide a period of not Icss than 30 days [mm the dato the
C ;.,~ice is deFivered or mailed within which Borro~tr must pay atl sums securcd by this Security Instrument. If Borrower fails to pay these sums prior to the expiration
~ this period, Lender may in~vl-c any rcmediu permitted by this Security Instrument without further notice or demand on Barrower.
~ 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borruwer shall have the right to have enforceme~t of this Security Inswment
t .ii;:untinued at any time prior to the earlier of: (a) S days (or such other period az applicable law may specify for reinstatement) beforc sals of the Property puisuant
~ anp power of sak containcd in this Security Instrument; or (b) rntry of a judgement enforcing this Security Instrumcnt. 'I~ose conditions are that Borrower. (a)
"t
y ; s~s Lender all sums which then wrould be due under this Security Instrument and the Note had no acceleration occurrcd; (b) cures any default of any other covenants
~ ~r agreemenis; (r) pays all ezpenses inruned in enforring this Se:urity Instrument, including, but not limited to, reasonabk attorneys' fees; and (d) takes such action
d.~nder may reasonably require to assure that the lien of this Security Instrument, l.ender's rights ie the Property and Borrower's obligation to pay the sums sccurcd
I ~his Security Instrument shall continuc unchanged. Upon reinstatemcnt by Iiorrower, this Security Instrument and the obligations secured hereby shall remain
~ i.,!I~ effective as if no accNeration had occurred. Nowever, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
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~ \OV-Ui\'IFORM COVEI~'A:ti'I'S. Borrower and I.ender (urther covenant and agrce as follaws:
~ 19. Accekration; Remedies. Lender shall give notice to Borrawer prior lo accekration lolluwing Borrower's breseh ot say covenant or agrsement in this Security
~ ; n;trumeat (bot not prior to aeeelrratan under paragraphs 13 and 17 uakss applicabk law provides othe~fse). Tl~e a~tice shafl specity: (a) the detaufC, (b) the aetioe
~ reyuired to avre tbe defanlt; (e) a date, aot kss than 30 days trom the date tbe notiee is givea to Borrower, by w6ic61he def:uk must be cure~ and (d) ihat [ailare
~ ta cure the detsuk on or befors the date speci5ed in ~he notiee may resuU in seakr~tioo ot the sa~s secured br t61c Savriry Iwstroa~ent, foretbsun br judkW
~ pr~xecding aad sak ot the Propertp. 'ILe notice shall turiher intorm Bomo~rer ot the right to rctnstste a/ter accekration a~ t~e right to assert in t6e forecbmrc
~ pr~xeeding the noa-acisfence ot a detault or any W her defense ot Borra+er to rccekration and torecbsnra It the defaolt is not cured on or before the date speeitied
& in the notiee, Lender at its option may require immediste payment in tull of xU sonu secured bp thLs Securit~ Instrument ~?ithout farther demand and may forcclose
` ~his Security Iustnimtnt by judicial proceeding. Leeder shall be entitkd to colkct all expenses iiuurred in pursuing the remedies provided tn this paragrapd 19,
~r.<luding, but not limited to, reasonable attorneys' fers and tosts ot titk e~idence.
20. Lender in Possessan Upon acceleration under paragraph l9 or abandonment of che Property, Lender (by judicially appointed receiver) shall be entitled to
~ n~er upon, take possession of and manage the Property and to collect the rents of the Pcoperty including those past due. Any rents collected by Lender or the
, r~cei~:er shall be applied first to paymcnt of the costs o( managemcnt of the Property and collution of rents, induding, but not limited to, rcceiver's feu, premiums
e
<~n receiver's bonds and nasonable attomeys' feu, and then ro the s~nes secured by this Security Instrument.
' 21. Re{ease Upon payment o( all sums ucured by this Security Instrument, Lender shaU rclease this Sccurity Instrument without charge to Borrowcr. Borrower
~
~ --~~I: pay any recordation costs.
~ 22. Attor~rys' Fees. As used in this Security Instrument and the Note, 'attorncys' feu' shall include any attorneys' fcu awarded by an appcllate court.
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k Ridtrs to this Secnrity Instrvment. If one or morc riders are executed by Borrovver and recordcd together with this Security lnstrumcnt, the covenants and
~ ~.~;ecments of each such rider shall bo incorporated into and shall amend and supplement the covonants and agreements of this Suurity Instrument as if the r~der(s)
~ .~.~rc a part of thie Security Instrument.
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