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HomeMy WebLinkAbout2064 . f j • r . • ~ ~ . ~ . , • lf Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in eRect until such time as the requirement for the insurance terminates in accordance with Bonower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrovver notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Coademnation. The proceeeis of any award or claim for damages, direct or consequential, in connection with any 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 partial 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 total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shal! be paid to Borrower. If the Property is abandoned by Borcower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to L.ender within 30 days after the date the notice is given, 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 shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waioer. Extension of the time for payment or modificatiun of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower 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 Se~:urity Instrument by reason of any demand made by the original Borcower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude !he exercise of any right or remedy. 11. Successors and Assi~ns Bound; Joint and Several Liability; Co-si~ers. The covenants and agreemsnts 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 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 personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that I,ender and any other Borrower may agree to eztend, 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 law which sets maaimum 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 Bonower. I,ender may choose to make this retund by reducing the principal owed ; under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a ; partial prepayment without any prepayment charge under the Note. ! 13. Legislation Affeeting Lender's Rig6ts. If enactment or expiration of applicable laws has the effect of j rendering any provision of the Note or this Security Instn;ment unenforceable accarding 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 E permitted by paragraph 19. If Lender ezercises this option, Lender shall take the~steps specified in the second paragraph of 4 paragraph 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 requires use of another method. The notice shall be directed to the R Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by ~ first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument sha11 be deemed to have been given to Borrower or Lender when given as provided ~ in this paragraph. 15. Governing Law; Severability. This Security instrument sha1) be governed ty federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the ~ Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this en~ the proti~isions of this Security Instrument and the ~ Note 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 lnterest in Borro~er. 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 Borrower is not a natural ~ person) without 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 shail not be exercised by Lender if exercise is prohibited by " federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of 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 eap'sration of this period. Lender may invoke any ~ remedies permitted by this Security Instrument without further notice or demand on Borrower. e 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have Y enforcement of this Security Instrument discontinued at any time prior to the earlier of: ~a) 5 days (or such other period as ~ applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this ~ Security Instrument; or (b) entry of a judgment enforcing this Security Instrurnent. Those conditions are that Borrower: (a) pay~s Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenanis or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but n~t limited to, reasonable attorney.s' fees; and (d) takes such action as Lender may ~ reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay~ the sums secured b}~ this Security Instrument shall continue unchanged. U~n reinstatement by Borraw•er, this Securit}• Instrument and the obligations secured hereby shai) remain fully eftective as if no acceleration had ' occurred. Hc~wever, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. ; b00K U7~ PAGE ~~U~ ~ _ ,.s ~ . _ . ~ ~ ~x ~ ~ ~ ~ ~ ~