Loading...
HomeMy WebLinkAbout0641 _ , _ . y ~ ~ It Lenci~r rryiurtd mortg.?ge imuranrc a. a c~~ndihon of making the loan tiecured b~~ this Sc~urit~ Intitrument, f3~~rr~~~~~~ ~hall ~a~ the ~remiunu reyuired to maintain the insuranre in effect until such time as thr reyuirem~nt for the ~n.e~ran~e t~nninate~ in ar~urdanrr Hith Burrower's and Lender's w•ritten agrrement or applicable law. 8, lnspection. Lender ~~r itt agent may make reasonable entries u~~n and ins~ctions of the Prupert}•. Lende. ,hall gl~r I3~~rm~?er nutire at the time uf or prior ro~n inspertion s~rif~~ing reason.ible rause for the ins~titm. 9. Condemnation. The proceeds ot~ an~ aHard or claim for damages, direct or r~~nsryuential, in rannectiun ~~~ith an~ ~undrmnati~m or other taking of an}~ part of the Pro~rt}~, or for cc,nve}~ance in lieu of r~~ndemnation, are h~reh}~ .s.>>gnr~i and shal~ be ~aid to Lender. In thr e~rnt c~f a t~t~l taking of the Yrc~~rt~~, the prcxeeds shall be applied to the sums secured b~~ this Security In,trument, ~~hether or not then due, w~ith an~~ esrc~s paid to Borrow•er. In the e~•ent of a partial taking of the Property~, unlr~~ t3orru~cer and Lender otherw~ise agree in w~riting, the sums secured b~~ this Srcurit~• Instrument shall be reduced b~~ the amount ot the ~roceeds multiplied b}~ the following fraction: (a) the total amount of the sums serured immediately bef~~re the taking, di~~ided b~~ (b) the fair nzarket value of the Property immediately before the taking. An}• batance shall be paid to Borr~wer. If the Propert}• is abandonrd b}~ Borro~~~er, or if, after notice by Lenaer to Borrow~er that the condemnor offers to mahe an aw•ard or settle a claim for damages, Borrow~er fails to ~espond to Lender w~ithin 30 da~•s after the date thr. notice is gi~ en, Lender is authorized to collect and apply the proceeds, at its option, either to r~~toration or repair of the Yroperty or t~~ the sums secured bp this Security Instrument, whether or not then due. t'nless Lender and Borro~~~er otherwise agree in writing, any application of proceeds to principal shall not extend c~r ~o.tpune the due date of the monthl}' payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower liot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Securi[y Instrument granted b}~ Lender to an}~ successor in interest of Borrow~er shall not operate to release the liability of the original Borrower or Barrow•er's successors in interest. Lender shall not be required to commence prcx,eedings against any successor in interest or refuse to extend time for pa}~ment or oi;~~, i~~vu~i~ auni~ iY~ailvi~ v~ ii~c ~uue~ xa. w cu v~ ~ii~~ .ia.~ u/ ~i y i~~~i. uL~..~~i v~ i ~u~..~i ~..i~ u~i.:u~..~, b~~ the original Borrow•er or Borrower's successors in interest. Any forbearance by Lender in exercising an}~ right or remed}~ ,hall not be a waiver of or prerlude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co•signers. The covenants and agreements of this Securit}~ Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject ,o the provisions uf paragraph 1'. Barrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Ii7strument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and conve}~ that Borrow~er's interest in the Property under the rerms of this Security Instrument; (b) is not personally obligated to pa}~ th~ sums secured b~~ this Security Imtrument; and (c) agrees that Lender and any other Borrower may agree to extend. mc~dif}, forbear or make any~ accommodations w~ith regard to the terms of this Securit~~ Instrument or the Note ~•ithout that Qorrow~er's consent. 12. Loan Charges. If the loan secured b~• this Securitp Instrument is subject to a{aw~ w~hich sets maximum loan ~harges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in conne~tion ~~~ith the loan exceed the permitted limits, then: (a) any such ioan charge shall be reduced by the amount necessar~ to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded ~+ermitted limits ~vill be refunded ro Borrow~er. Lender may choose to make this refund by reducing the principal owed under the tiote or bp making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a ~ partial prepapment w~ithout an}~ prepayment charge under the Note. ~ 13. Legistation Aflecting Lender's Rights. If enactment ~r expiration of applicable laws has the efTect of I rendering an}~ provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, f ma~~ reyuire immediate payment in full of all sums secured by this Securit}~ Instrument and may invoke any remedies ~ permitted b}~ paragraph 19. If Lender exercises this option, Lender shall take the steps specihed in the second parugraph of ~ paragraph 17. 14. \otices. An}• notice to Borrower pro~~ided for in this Security Instrument shalt be gi~-en b}~ delivering it or by mailing it b}' first class mail unless applicable law requires use of another method. The notice shall be directed to the ' Propert~• Address or an~~ other address Borrower designates by notice to Lender. Any notice to Lender shall be given b}~ f first class mail ta Lender's address stated herein or any other address Lender designates b}~ notice to Borrow~er. Any notice ~ pru~ ided for in this Securit} Instrurrfent shall be deemed to ha~~e been given ro Borrow~er or Lender w~hen gi~en 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 a~hich the Property is located. In the event that any provision or clause of this Security Instrument or the f '~ote conflicts w~~th applicable law, such conflict shall not afi~ect other provisions of this Security Instrument or the Note ` w hich can be given•effect w•ithout the conflicting provision. To this end the provisions of this Security Instrument and the r tiote are declared to t~ se~~erable. ~ 16. Borrower's Copy. Borrow•er shall be gi~~en one confarmed copy c~f the Note and of this Securit}~ Instrument. 17. Transfer of tF~e Property or a Beneficial Interest in Borrower. If ali c~r any part of the Propert}~ or an} ~ interest in it is sold or transferred (or if a beneficial interest in Borrower is told or transferred and Borrow~er is not a natural person> Nithout Lender's prior written consent, Lender may~, at its option, require inmediate payment in ful) nf ali sum~ ~ sec~ired h}~ this Security Instrument. How~ever, this option shall not be exercised b}~ Lender if exercitie i~ prohibited b~ ~ federal law ati c~f the date of this Securitv Instrurrent. If 1_ender crercises this option, Lender shall gi~~e Borro~ver notice of arcelerati~~n. The r.~tice shaN ~rrn~idc a Per:eni , e~f nc~t letis than 30 da} s f'rom the ~+ate the nc~tice is deli~~ered or mailed within w•hich Qorrow•er must pay~ all sums ucured b; th~~ Securit~~ InStrument. If Borrower fails to pay these sums prior to the rxpiration of this ~eriod, Lender may~ in~~oke any remedies permitted by this Securit~~ Instrument w~ithout further notice or deinand on Borrower. 18. Borrower's Right to Reinstate. If Borroaer meets certain conditions, Borro~er shall ha~e the right to ha~~e ' enf~rcement c~f this Securit}~ Instrument disec~ntinued at any time prior to the earlier c~f: (a) 5 da~ti (or tiueh other peric>d as applicable la~ ma~ s~e::if}~ for reinstatement) before sale of the Property pursuant to an~• pow~er of sale contained in this Securit} In~trument; or (b) entr}~ of a judgment enforcing this Security Intitrument. Those conditions are that Borro~~er: (a) pa}t Lender all sum< «hich then would be due under this Securiry Instrument and the Note had no accelerati~n ~ occurrtd; (b) cure~ any default of an~ other covenants or agreements; (c) Pays all expenses incurred in enforcing this ~ Securit~ Instrument, including, but nnt limited to, reasonable attorne~~s' fees; and (d) takes such action as Lender may~ ~ reationabl}~ rryuire tn a~tiure that the lien of this Security~ Instrument, Lender's right~ in the Property and Bc~rrow~er'~ ~ obliganc~n t~ ~ay the sums tiecured by this Security Instn~ment tihall continue unrhanged. Upon reinstatement by~ f Bormwer. thi~ Securit} Intitrument and the ~bligations secured hereby Shall remain fully effecti~e as if na acceleration had <~rrurrcd. Hu~~r~er, this right to reinstate shall not a~pl}~ in the casP ofaccelera,ion ~nder paragra~h~ i 3 or !7. R fi7~ o,,~E 641 cGt3N ~ ~ , ~ . ~ ~