HomeMy WebLinkAbout2221 ~
• w.'I . ~ . ' ~
~ ~...r ~
Y
~
~
3~
i
If Lender requi:ed mortgage insurance a~ a cond~tion of making the loan secured by this Security Instrument,
Burro~er:hall pa} the premiums required to mainta~n the insurance in effect until such time as the reyuirement for the
inl~rance terminatrs in accordance with Borrow~et's and Lender's written agreement or appGcable law.
lospection. Lender or its agent may make reasonable entries upon and inspections of the Propert}~. Lende~
~hall gi~ e Borro~~er notire at the time of or prior to an inspection s~cifying reasonabie rause for the ins~ection.
9. Condemnation. The prckeeds of an~~ aw~ard or claim for damages, direct or conseyuentiat, in runnertion w~ith
any rondrmnation or other taking of an}~ part of the Property, or for conve~~ance in lieu of condemnation, are hereby
a,.igned and shall be paid to Lender.
In the e~ent of a total taking of the Propert}~, the pnxeeds shall t~e applied to the tiums secured b~~ this Security
(nstrument, ahether or not then due, with any excess paid to Borrower. In the e~ent of a partial taking of the Praprrty,
unless Borrower and Lender utherwise artree in w~ritine, the sums secured bv this Securit~~ Instrument chall he recluced hv t
the amount of the proceeds multiplied by the follow~ing fraction: (a) the rotal amount of the sums secured immediately ~
befure the taking, di~~ided by (b) the fair market value of the Property imm~diatel~~ bef~~re thr taking. Any balance shall be
~a~d to Borrow•er.
If the Propert~• is abandoned by Borrower, or if, after notice b~~ Lender to ~3orrower that the condemnor offers to
make an award or settle a rla~m for damages, Borrow~er fails to res~nc3 to Lender w ithin 30 day~s after the date the notice is
gi~en, Lender is autharized to collert and appl}~ the proceeds, at its optian, rither to restoration or repair of the Property or
to the sums secured b~~ this Security Instrument, w~hether or not then due.
Unless Lender and Barrower atherwise agree in writing, any appliration c>f pnxeeds to pri~~cipal shall not extend or
~~ostpone ihe due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount oCsuch payments. ~
10. Borrower ~iot Released; Forbearanre By Lender Not a N'aiver. Extension of the time for pay~ment or =
mociification of amortization of the sums secured by~ this Security Instrument granted b}~ ~ender to an~• succe~sor in .
~nterest of Borrou•er shall not operate to release the liability of the original Borrow~er or Burrow•er's successors in interest. `
Lender shall not be required to commen~e prcx-eedings against any succc~sor in interetit or ref`use to extend time for ;
payment or othen~~ise modif}~ amortization o(the sums secured by this Securit}• Instrument b~~ reason of any demand made _
b~~ the original Borrow•er or Borrow~er's successors in interest. An}~ forbearance b}~ Lender in exercising any right or remed}~ ~
.hall not be a w~aiver of or preclude the exercise of any~ right or remed}•. ;
11. Successors and Assigns Bound; Joint and Several Liability; Co•signers. The covenants and agreements of
i this Securit}~ instrument shal) bind and bc~nefit the successors and assigns of Lender and Borrower, subject ro the provisions ~
of paragraph 17. Borrow~er's covenants and agreements shall be joint and several. An}• Borrow~er w~ho co-signs this Securit}~ ~
Instrument but does not execute the tiote: (a) is co-signing this Security Instrument onl~~ to mortgage, ~rant and com•e~~
that Borroa•er's interest in the Propert}~ under the terms of this Security Instrument; (b) is not personally obligated to pa}~ ,
the sums secured b~• this Serurity- lnstrument; and (c) agrees that Lender and an}• other Borrower ma}• agree to extend, ~
modify, forbear or make an~ accommodations w•ith regard to the terms of this Security Instrument or the Note without ~
that Borrow~er's consent. z
12. Loan Charges. [f the Icran secured hy this Security Instrument is subject ro a law w~hich sets maximum loan ~
charges, and that law is finall}~ interpreted so that the interest or other (oan charges coilected or to be cellected in
~~mnection with the loan exceed th~ 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) anS~ sums already collected from Borrower which excee~ed
permitted limits w•ill be refunded to Borrower. Lender may choose to make this reiund by reducing the princi~al owed
under the Note or by making a direct pa}~ment to Borrow~e~. If a refund reduces princ:pal, the reduction w~ill'~e trcated as a
~artial prepayment without any prepayment charge under the Note.
13. Legislation Aflecting Lender's Rights. If enactment or exriration of applicable law~s has t~:e effect of
rendering an}' provision of the Note or this Securit}~ [nstrument unenforceable according to its terms, Leneier, at its option.
ma}~ require immediate pay~ment in ful) of all sums secured by~ this Securit}~ Instrument and ma}~ imoke any remedies
~~_rmuted by~ paragraph i9. If Lender exercises this option. Lender,hall take the steps Sperifi•.d in the second paragraph of
~aragraph l7.
14. 1~otices. An}~ notice to Borrower pro~ided for in this Securit}~ Instrument shall be gi~~en b}• delivering it or by ~
n~ailing it b}~ first ctass mail unless applicable law requires use af another method. The notice shall be directed to the ?
Yroperty Address or any other ac~dress Borrow~er designates by notice to Lender. An}~ notice to Lender shall be gi~~en b}- ~
tir~t class mail ro Lender'~ address slated herein or an~~ ather addre» Lender designates b}~ notice to Borrow~er. Any- notice
~rovided for in this Security~ [nstrument shall be deemed to ha~e been gi~en tc~ Borrc~aer or Lender when given as provided ~
ir this paragraph. ~
15. Governing Law; Severability~. This Secunt}~ [ntitrument shall he g~~~erned n}~ federat tau• and the law of the ~
~urisdiction in w~hich the Property is located. [n the e~~ent that any pro~~ision or clautie of this Security In~trument or the
tiote conflicts with app~icable faw, such conflict shall not afTect other ~?rovisions of this Security Instrument or the Note
:shich can be given effect without the conflicting provision. To this end the provisions of this Security Inttrument and the
tiote are declared ta be severabie.
16. Borrower's Copy. Borrower shall be given ~ne canfo~ med cop}~ of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or an~~ part of' the Property or an}~
interest in it is sold or transferred (or if a beneficial interest in Borrc~w~er is sold or transferred and Borrower is not a natural
person) w~ithout Lender's prior written consent, Lender ma}~, at its option, require immediate pay~ment in fuli of all sums
tiecured by this Se~~urity Instrument. However, this option shall not be exerci;ed b}~ Lender if exercise is prohibited b~~
federal law~ as of the date of this Security Instrament.
If Lender exercises this option, Lender shali give Sorrower notice of acceleration. The notice shall provide a period
c~f not less than 30 days from the date the notice is delivered or mailed w~ithin which Borroa~er must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this pericxl, Lender may invake an}~
remedies permitted by this Security Instrument wiihout further notice or demand on Borrower.
18. Botrower's Right to Reinstate. If Borrower meets certain conditicros, Borrower shal! have the right to have
enf~~rcement of ihis Sec~rit}• Instrument discontinued at any time prior ro the earlier oP: (a) 5 days (or sueh other period as
applicaote law may s~r~f~~ for reinstatemen'_} before sale of the Propert}~ pursuant to any power of sale conta:ned in this
Security~ Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrow•er:
ta? pays Lender a!I sums w•hich then ~•ould be due under this Security tnstrument and ihe Note had no acceleration
uc~ur~ed; (b) cures an}~ default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but nat limit~_d to, reasonable attorne}~s' ~ees; and (d) takes such action as Lender may
reasonably~ reyuire to assure that the lien of this Security Instrument, Lender's nghts in the Property and Borrower's
obligation to pay~ the s.ums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrow~er, this Security Instrument and the obligati~ns secured hereby sha11 remain fully eRective as if no acceleration had
c~ccurred. Now~e~~er, thi; right to reinstate shall not apply in the case of acceleration under paragraphs I 3 or 17.
BOOK 6~~ PAGf ~21,
- r- ~ ~ ~ ~ .
t.s t~i~~-rixi, ..c ~-~s4Y,,.~ e -
. ' i~.~~.,~~a~""'° ....•-•-..a,... a~~~„~`'y