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HomeMy WebLinkAbout2740 . ~ , ~ If 1_cn~ler rryuired mortg:~ge insurance as a candition of mak~ng the loan secured by this Sc~urity Instrument, 13~~rr~~~~rr ~hall pa} the premiums required to maintain the insurance in effect until such time as the requirement f~r the in,ur:~nce t~rminatcy in arrordance H ith Borrower's and Lender's written agreement ar applirable law•. 8. Inspection. Lender or ih agent ma~• make reasonable entries upon and inspections of the Property. Lender ,hall gi~ e BurruHer nutire at the time of ur ~rior to an inspection specifying reasonable rause for the inspec:tion. 9. Condemnation. The pnxeeds ot an~• aw~ard or claim for damages, direc:t or consequential, in connertion ~~ith an~~ condemnation or other taking of an~~ part of the Property, or for con~~eyance in lieu oi rondemnation, are hereb~• ,ts.igned and shall be paid to Lender. In the e~~ent uf a total taking of the Yropert}~, the prcx;eeds shall be applied to the sums secured by this Security In~trument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrow~er and Lender otherw~ise agree in H•riting, the sums secured b}• this Securit}~ Instrument shall be reduced b~~ ~ the amount u` the proreeds multiplied by the follow•ing fraction: (a) the total amount of the sums secured immediately ~ before the taking, di~~ided by (b) the fair market value of the Propeny immediately before the taking. Any balance shall be paid to Borrower. ~ lf the Propert~~ is abandoned by Borrower, or if, after notice by Lender to Borrow•er that the condemnor ofT'ers to make an aw•ard or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the c~ate the notice is ; gi~ en, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair oPthe Property or ~ to the sums se~ ured 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 ; Ewst~ne 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 Waiver. Extension of the time for payment or ( modifiration 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 Bonower or Bonower's successors in interest. ~ Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for ; pay~ment or otherw~ise modif}• amortization of the sums secured by this Security Instrument by reason of any demand made ` b}• the origina) Borrower or Borrower's success~rs 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 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 Borrower 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 oP 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'sconsent. 12. Loan Charges. If the loan secured by this Security Instrument is su5ject to a law which sets maximum loan ~ ~harges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in ~ ronnection with the loan eaceed 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 i i permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed I 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. ' ; 13. Legislation AtTeeting Lender's Rights. If enactment or expiration of applicable laws has the efi'ect of ` rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, i may~ require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies ~ ~rmitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of . F paragraph 17. 14. \otices. 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 ; 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 ~ pro~•ided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided ~ in this paragraph. 15. Governiag Iaw; Severability. This Securit}~ Instrument shall be governed by federal law and the law~ of the ~ jurisdiction in w~hich the Propeny is located. In the event that any provision or clause of this Security Instrument or the tiote conflicts w•ith applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note ~ uhich can be given efi'ect without the conflicting provision. To this end the provisions of this Security Instrument and the ~ \ote are declared to be severable. 16. Borros~er's Copy. Borrower shall be given one conf~rmed copy of the Note and of this Security Instrument. ~ 17. Transfer of the Property or a Beneficial Interest in Borrower. 1( aU or any part of the Propert}~ or any interest in it is sold or transferred (or if a beneficial interest in Borrow~er is sold or transferred and Borroa~er i~ not a natural ~ person) w~ithout Lender's prior written consent, Lender may, at its option, reyuire immediate pa}~ment in full of ali wms = secured h~ this Securit}~ [nstrument. How~ever, this option shall nor be exercised by Lender if exercise is prohibited b~ ' federal law~ ati of the date of this Security Instrument. If Lender exercises this aption, Lender shall give Borrower nohce of acceleration. The notice shall provide a period c,f not le,s than 30 da}~ti from the date the natice is delivered or mailed w~ith~n w•hich Berrow~er must pa}~ all sums secured by this Securit} Instrument. If Borrow~er fails to pay these sums prior to the expiration of this period. Lender ma~~ im~oke any ; remedies permitted b~~ this Securit}~ Instrument without further notice or demand on Borrow~er. ; 18. Borrower's Right to Reinstate. If Borrow~er meets certain conditi~ns, f3orrow~er shall have tFie right to have ~ enfe~rcement c~f this Securit}~ Instrument discontinued at an~~ time prior to the earlier of: (a) 5 da}s (or such other ~eric~d ati ~ applicable la~c ma} tiperif~ for reintitatement) before sale of the Property {~ursuant to an}• {x~wer of sale rontainrd in this ~ Securit~ Imtrument; or (b) entrc of a judgmem enforcing this Security lnstrument. Thotie conditi~ns are that Borrower: ~ (a) na~ti Lender all wm~ which then w~ould be due under this Security Insirument and the tiote had n~ arcelerati<m ckcurred; Ih) rure• an~ default ~f an~ other covenants or agreements; (c) pay~~ all expenses inrurred in enforcing thiti ~ Serurit~ In~trument. inrlud~ng, but n~~t limited to, reasonable att~rney1' fees: and (dl t~kes surh acticm a~ Lender ma~ ~ rea`~mahl~ rryuirr tc~ a>~ure that thr hen of this Secunty Instrument, 1_ender'ti nght. in the Pmpert~ and R<~rruwrr'ti ~ oblig.illllll t~~ ~a~ thr tium~ .ecured b} this Securit~~ In~trument shal) cemtinue un~ hanged l.'r~~n rein~tatement b~ ~ B<~rrc~~~rr, tt~i~ Securit~ In.trument and the obligatiun~ tiecure~l hercb~ tihall remain full~ rfTerti~e a~ if n~~ accrleraU~m had c,rrurrcd Hc,~~ e~rr. thi~ n~ht to reimtate ~hall n~~t a~~l~ in the ratie ~~f a~relrrati~m undrr r.iragra~hti 1~~~r 1? ' BOOI( 674 FACE27~ ~ _ : ~ ~ ~ ~ ti::~~ 4.~ s~~F,~ ; ~~,~,~~~u -