HomeMy WebLinkAbout1126 tk,rrvwer fa~ls to respond to I.ender within 30 days after the date the notice is given, Lender is authorized to coliect and apply thc pttrccds, at its opuun, cither to
reswrahon or repair of the Property or ro the sums ucured by this Secucity Instrument, whether or no1 then due.
Unless l.ender and Dorrower otAenvise agree in writing, any application of proceeds to principal shall not cxtenr7 or poetpone the Juc date of the manihly
nayTncnts refeaed to in parographs 1 and 2 or change 1he amount of such payments.
10. Borrower \W Rekase~ For~earance By Lender Nd a Waiver. F.xtcnsion o[ the time for pay~nent or modiC~cation o( an~orti7ation of the sums secured by
~hu Sccurity lnstrument granted by l.cnder to any sucressor ~n intcrcst uf E3orrower shall not opcrate to release the liability of the onginal t3ornnvrr or t3orrvw~cr's
w:cessors in intercsi.
l.ender shall not tx required to commence proceedin~ against any succeswr in interest or rcfuse to extend ~ime for paymcnt or othe~~se mcxf~fy amonizauon
: f the sums secured by this Security Inatrument by reason of any demand made by the original Borrower or Borrower's succcs.wrs in intuest. rlny forbearance by
Lcnder in exercising any right ar remedy shail not be a waiver of or pruludc the exercise of any right or rcmedy.
l i- Suecessors sed Assigns Boued; Joiet and Severa113ability; Casigoe~s. "Ilfe covenants and agreements of this Security Instrument shall bind and beneC~t the
.ucccssors and assigns of L.ender and I3orraver, subject to the provisions of paregeaph 17. Borrower's covenants and agreements shail be joint and sevcraL Any
k3.~rrower who co-signs this Security Instrument but docs not e:ecute the 1Vote: (a) is co-signing thic Security Ins~rument only to mortgage, grant and convey that
ll:~rrowrr's intercst in the propeRy under the terms of this Security Instrumenl; (b) is not personally obiigated to pay the sums securcd by this S~curiiy I~utrument
~nd (c) agreu thai I.ender and any other Boriower may agree to eactend, modify, forbear or make any accommodatioas with regard to thc tcrms of this Security
lnsen,ment or the Note without that I3orrower's consent.
t2. Loan Cbarges If the {oan secured by this Security Instrument is subject to a law which sets maximum loan thargcs, and that law is finally intcrpretcd so that
~hz ~nterest or other loan charges collected or to be colleeted in connection with the loan exeeed the permitted limits, thcn: (a) any such Ie~an charge shall be reduced
r~~ ~he amount nccessary to reduce the charge to the permitted limit; and (b) any surtu already collected from Borrower which excecded pemiitted limits will be
rcfunded to E3orrower. Lender may choose to malce this refund by reducing the principal owed under the Note or by malcing a dirca payment to Borro~•er. I( a
rcfund rcducu principal, the rcduction will be treated as a panial prcpayment withoat say prcpayment chalgc under the Note.
13. Legislatan Attecting Leade~'s RFghts. !f enaament or oxpiration o( applicabk law~s has the effect of rendering any proti~ision o! thc h'ote or this Sccuriry
lnstrument unenlorceable according to its ttrms, Ltnder, at its option, may require immediate paymtet in full of all surtts secured by this Security Instrumcnt and
may imvlce any remedies permittcd by paragraph 19. If Lender excreises this option, Lender shall tate the steps speciC~ed in the secortd paragraph ~f paragraph 17.
1~3. tiotices Any notice to Borrower pmvided for in this Sccurity lnstrument shall be giv~en by delivering it or by mailing it by f rst class mail unlcss applicable
!sw• requircs use of another method. "Ilu notice shall be directed ro the Prc~erty Addreu or any other address Borcowrr duignatu by notice to l,ender. Any notice
~u l.endcr shall be given by first class mail to Lender's addreas stated hercin or any other addreas Lender duignates by notice to Borrower. Any no~icc provided
tor in ~his Security Instrument shall be deemed to have been given to Borrower or Lender when gi~nn as provided in this paragraph.
15. Go~•erning I~w; Severability. Tl~is Security Instrument shall bt gwemed by federal law a~xi the law of the jurisdiction in w~hich the Nroperty is I~xated. ln
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:he evcnt that any provision or clause of this Security lattrument ar the ~ote con(licts with applicable law, sueh eonftiet shall not affect other prcwisions of this Security
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u~„t~~i or ihe tiote w~ith can be given cftzet without the evntiicting pnhision. io inu end ihe provisions oi ~nis Securi~p insirument and the \ote are declared
Le se~~erable.
16. florro+rer's Copy. Borrawer shall be given one conformed copy of the Note and of this Security Instrumcnt.
17. Tnnsfer ot the Property or a Beneficisl Interest in Bort~o+.er. If all or any part of the Propcrty or any intcrest in it is sold or transfcrrcd (or if a beneficial
~rterest in Borro+ver is sold or transferred and Borroaver is not a natural peeson) without Lendet's prior written consent, Lender may, at its option, require immediate
~~tment in full of all sums secured by [his Sccurity Instrament. Hawever, this option shall not be exercistd by Lender if exercise is prohibited by fcderal law as of
!hc datc of this Sccuritv Instrumcnt.
If Lender excrciscs this option, I.cnder shall give Borrtrwer notice of accelcration. The notice shal! provide a penod ot not less than 30 days from thc datc thc
I r.otice is delnrrcd or mailed within which Bor~vwer must pay all sums secured by this Secvrity Instrument. If Borrower fails to pay these sums prior to tht expiration
~ c,t this pcriod, Lender may invoke any rcmedia permittcd by this Sccurity Instrumtnt without (urther notice or dcmand on Borrower.
~ 18. Borrower's Right to Reinstata if Borrcnver meets certain conditions, Borrow~er shall have the right to have enforeement of this Security Instrument
i u~xontinued at any time prior to the eadier oL• (a) 5 days (or such other period as applicabk law may spuify for reinstatement) before sale of the PropcRy pursuant
{ an} power of saie contained in this Security Instrument; or (b) cntry of a judgcmcnt entorcing this Security Instrument. "Ihose conditions arc that Borraa~cr. (a)
E ;w;,s Ixnder all sums which then would be due under this Security Instrument and the Note had no accekration occurrcd; (b) cures any default of any other covenants
j .~r agrecments; (c) pays all expcnses incurrrd in enf~rcing this Security Instrumeot, includina, but not limited to, reasonable aaomeys' fees; and {d) takes such action
~ s I,cndcr may reasonabty tsquire to assure .hat tht lien of this Security Instrumcnt, Lender's rights in the Pivperty and Borrawcr's obligation to pay the sums sccured
~ ~his Security Instrument snall mntinue unchanged. Upan reinstatement by Sonvwer, this Secunry Instrument and tne obligdtions securcd hereby shall rcmain
~~il~ erfecti.r as if no aceekracion had oavmd. However, this right to rcinsute s6a11 not spply in t6e case o[ acce{eration under paragraphs 13 or 17.
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~ \O\-i;\IFOIL~ COVENAI~'I'S. Borrawer and Lender further cavenant and agree as follows:
~ 19. Accekration; Rereedies. Leuder shall give notice fo Borroaer prior to accekntion following Borrower's breach ot any corenant or xgreemeN in this Security
~ f ntitrument (but not prior to acnkration under paragraphs 13 and 17 unkss spplicabk law prorides othen?ise). T6e notice sha11 specify: (a) the detault; (b) the action
~ rryuired to curc the defaul~ (e) a date, not kss thae 30 dars trom the date tde notiee is ~ivsn to Borrovrer, br vihic6 Ihe detault must be cured; and (d) that failun
eo cvre Ihe default on or bcfore the date specif~ed ia the notiee msy result in xeelerat'ae of the wms s~ored by this Security Instrument, torecbsurc by judicial
p~ oceeding and sak ot Ihe Propert~. 'I7ie notice s6aU faAher Worm Borrower o[ the rigM to reinstate after sccekration and the right to assert ia the forecbwre
~ . proceeding the non-eristeeee ot ~ defanlt or suy other deteest ot Borrower to aceekntioe and forecbsnra if the detault is not cund on or betorc the date specitied
~ in the notice, Lender at its option ewy require immediate psyment in full ot all snms secared by thEs Securety Instrument wilhout fnrther demand and may torecbse
this SlfU~I~J IdS~~11R1lp1 ~ jOdlftil PMt!ld17lg, Lender s~all be entilkd to colket all e=penses incurred in pursuing the remedies provided in this paragraph 19,
i, :luding, but not iimited tq reasonabk attormrs' kcs and costs ot titk evidence.
, 20. Lender in Possesslua Upon acceleration under paragraph 19 or abandonment ot the Property, Lender (by judicially appoiateti receiver) shall be entitled to
cnter up~n, take possession of ~nd manage the Property and to collect the rents of the Property including those past due. Any rents collected by l.ender or the
recciver shatl be applied fiist to payment of the sosts of management of the Property and eollection of rents, including, but not limited to, receiver's (eu, prem~ums
:m rcetivers bonds and rcaconable attomeys' [ees, and then to the sums ueured by this Seeurity Inctrument.
dl. Release. Upon payment of all sums sccured by this Security Inatrument, l.ender shall release this Security lnstrument without charge to f3onower. Borro.ver
z ~hal~ pay any recorda[ion msts.
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"r. 2L Attoreeys' Fees. As uscd in this Security Instrumcnt and thc Nofe, 'attorneys' fees' shall include any attomeys' fees awarded by an appellate court.
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~ L. Riders to this Securit~ lastrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenanis and
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~ agrecmcnts of each such rider shall be incorporated into and shall amcnd and supplcment the cm~cnants and agrctmcnts of this Suuriry Instrument as if the rider(s)
~ •.~ere a part of this Security Irutrument.
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