Loading...
HomeMy WebLinkAbout1899 . ' • ~ i ~ ~ ~ If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, ~ Borro~~~er shall pay the premiums required to maintain the insurance in efl'eti;t uatil such time as the requirement for the ~ insuranre terminates in accor~ance with Borrower's and Lender's written agreement or applicable law. ~ 8. Inspection. Lender or its ~gent may make reasonable entries upon and inspections of' the Property. Lende: ~ .hall give Borrow~er notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9, Condemnation. The proceeds of any award or claim for damages, direet or consequential, in connection with an~• condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partiai taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the totai amount of the sums secured immediately t~Core the taking, di~~ided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid 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 award or settle a claim for damages, Bonower fails to respond to Lender within 30 days after the date the notice is ~ gi~~en, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shali not extend or Fwstpone the due date of the monthly payments refened to in paragraphs 1 and 2 or change the amount of ~uch payments. l0, Borrower Not Released; Forbearance By Lender Not s Waiver. Extension 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 Borrower shall not operate ro release the liability of the original Borrower or Borrower's successors in interest. ~ V 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 demand 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 waiver of or preclude the exercise of any right or remedy. ~ 11. Successors and Assigns Bound; Joint aad Several Liability; Casigners. The covenants and agreements of ± this Security Instrument shall bind and benefit the successors and assigns of L.ender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who casigns this Security Instrument but dces 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 peronally 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 Borrow•er'sconsent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law 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 shall be reduced by the amount necessary~ to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. 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 will be treated as a partial prepayment without any prepayment charge under the Note. l3. Legislation AfTecting Lender's Rights. If enactment or eapiration of applicable laws has the effect 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 ~ ~aragraph 17. ! 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requites use of another method. The notice sha~1 be clirected to the p Property Address or any other address Borrower designates by notice to Lender. Any notice to Lend:r shall be given by E ~ first class mail to Lender's address stated herein or any other address Lender designates by notice te porrower. Any notice ~ provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided ~ in this paragraph. ~ 15. Gorerning Law; Severability. This Security Instrument shall be governed by federal law and the !aw of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the tiote conflicts with applicable law, such conflict shall not afi'ect other provisions of this Security Instrument or the Note a hich can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the tiore are declared to be severable. ~ 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any~ interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and $orrower is not a natural c pcrson) w~ithout Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums ~ secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by ~ federal law as of ihe date of this Security Instrument. ~ If Lender exercises this option, Lender shall give Borrow~er notice of acceleration. The notice shall provide a period ~ ~f not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by ~ this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any r remedies permitted by this Security Instrument without further notice or demand on Borrower. ~ 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have ~ enforcement of this Securiry Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ~ applirable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Securit}~ Instrument; or (b} entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: ~ (a) pa}~s Lender all sums which then would be due under this Security Instrument and the N~te had no acceleration ~ occurred; (b) cures any default of any other coven.ints or agreements; (c) pays all expenses incurred in enforcing this ~ ~ Security Instrument, inciuding, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may ~ reasonably~ require t~ assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's ~ obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by ~ Borrow~er, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had ~ cxcur: ed. How~e~~er, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. ~ ~ ~ gooK 674 PAGE 1899 ~ ~ _ n - _ ~ . _ - K k~ ~ . ~ ~~~~~'r~