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HomeMy WebLinkAbout2159 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Sorrow~er shaii pay the premiums required to ma~nta~n the insurance in effert unul such time as the requ~remrnt for the insurance terminates in accordance with Borrower's and Lender's written agrezment or applicable law . 8. Inspection. Lender or its agent may make reasonable entries uFwn and inspections of the Prupen~. Lendrr shali gi~~e Borrow~er notice at the time of or prior to an ~ns~tion specifying rrasonable rause for the inspectic~n. 9. Condemnation. The proceeds of any award or claim for damages, direct or cunsequenti3l, in ronnertion w ith any condemnation or other taking of any part of thr Property, or for conveyance in lieu of rondrmnauon, are hrreby assigned and shall be paid to Lender. ' In the event af a total taking of the Property, the pra:eeds shall be appiieci tu the sums secured by this Security~ ' Instrument, whether ot not then due, with any excess paid to Borruwer. In the event of a partial taking of the YroE?erty. unless Borrower and Lender otherwise agree in writing, the sums securea by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following traction: (a) the total amount of the sums secured immediately I.eC.. e •L.~ •..L:.... .J:..:.i_.a L.. i~~ .a_- - ~ - - . . _-.r. ~_-:u~u v- :s:: ;::~::0. i:UF.:i.j iTi.Tia:uiuii;il vC,ivi~ iiic' i3i:iicK. hi~y iaiaiiic ~itaii i~:. a> > ~~i paid to Borrower. If the Property is abandoned by Burrower, or if, after notice by Lender to Borrower that the condemnor offer, to make an award or settle a claim for damages, Borrower fails to resEwnd to Lender within 30 days after the date the notire is given, Lender is authorized to collect and apply the proceeds, at ~ts option, either to restoration or repair of the Pm~rt~• or to the sums secured by this Security lnstrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of pra;eeds to prinripal 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 Relessed; Forbearance By Lender Not a~~'siver. F.xtension of the time for payment ~~r modification of amortization of the sums secureci by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borro~ver or Barrower's successors in interest. Lender shall not be requireci to commence proceedings against any successor in interest or refuse ro extend time fi~r payment or otherwise modify amortization of the sums secured by this Security lnstrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance b~• Lender in exercising any right or remed~• shall not be a waiver of or preclude the eaercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Severa! Liability; Co-signers. The covenants and agreements of this Security In~?_~umer.! shall bind and bene~i t!:~ sLCC~ssors and ass:gns of Lender a~~~ Sarrow~er, su~j«t ~o ~}i2 ~i0Y1510O5 of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not ezecute 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 ~bligated 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 Sc~:urity Instrument or the Note withc~ut that Borrower's consent. 12. Loan Charges. If the loan secured by this Security lnstrument 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 collc:eted Crom Borrower K~hich exceeded ! permitted limits will be reFunded to Borrower. Lender may choose to make this refund by reducing the pnncipal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a j partial prepayment without any prepayment charge under the Note. 4 13. Legislation Affeeting Lender's Rights. If enactment or expiration of applirable laws has the efi'ect ot € 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 ~ paragraph 17. ? 14, tiotices. Any notice to Borrower provided for in this Security Instrument shal) be given by delivering it or by mailing it by first class mail unless applicable law• requires use of another meth~~. The notice shall be directed to the f Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall t~e given by ~ first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notire ~ provided for in this Security Instrument shall be deemed ro have been given to Borrow~er or Lender w~hen given as pro~~~ded in this paragraph. ~ 15. Governing Law; Severability. This Serurit}• Instrument shall be governed by federal law and the law ~~f the jurisdiction in which the Properiy is located. In the event that any provision or clause o( this Security Instrument ur the $ Note conflicts with applicable law, such conflict shall not affect other provisior~s of this Security Instrument or the N~te ~ which can be given effect without the conflicting provisian. To this end the provisions of this Security Instrument and the ~ tiote are declared to be severable. , 4 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 sotd or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural ~ rson wiihout Lender's nor written consent, Lender ma at its o tion, re uire immediate a ment in full of all sums ~ Pe ) P Y, P q P Y ^ secured by this Secunty Instrument. However, this option shal) not tx exercised by Lender if exercise is prohibited by federal iaw as of the date of this Security Insirument. If Lender exercises this option, Lender shall give Borrower notice of acceleratiun. The nohce shalf prov~de a~riod of not less than 30 days from the date the notice is delivered or mailed within which F3orrower must pay al1 sumti secured by this Ser,urity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Secunty Instrument without further noti~e or demand on Borrower. 18. Borruwer's Right to Reinststte. If Borrower meets certain conditions. Borr~wer shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period a1 applicable law may specify for reinstatemeret) before sale of the Property pursuant to any ~wer of sale contained in this - Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditi~ns are that $orrower. (a) pays Lender all sums which then would be due under th~s Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enfor~ing this Seeurity Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may t reasonably require tn assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secure~ by this Security Instrument shall continue unchanged. Upen reir~statement by Borrower, this Security Instrument and the obligations secured hereby shal! remain fully effective as if no acceleration had ocr_urred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. go~K 675 "arE Z15~ : _ . : _ ~r~a"~-~:~:° ~ ->ju . LL. ~s