HomeMy WebLinkAbout2335 t
• ,
. . f
i
~
~
If Lender reyuired mortg~ge insurance as a conditiun of making the loan secured by this Secunt~ Instrument,
t3urn~~?rr tihall pa~ the premiums required to maintaiu the insurance in efiect until such time as the requirement for the
intiuranre terminatrs in acrordance w•ith Borrow•et's and Lender's written agreement or appticable law.
8. Inspeetion. Lender or its agent may make reasonable entries up~m and inspections of the Propert~~. Lendrr
,h~ll gi~e f3orrower natire at the time of ur prior to an inspection s~rifying re3sonable cause for the inspectiun.
9. Condemnation. The pnxeeds oi an~• award or claim for damages, direct ~~r conseyuential, in connection with
an~ condemnation or other taking of an~~ part of the Pro~rty, or for cun~~)ance in lieu of conderr~nation, are hereby
a,~igned and tihall be paiu to Lender.
In the e~ent of a total taking of the Property, the pnxe~ds sh~ll he applied tu the sums secured by this Security
lnstrument, w~hether or not then due, w~ith any excess paid to BorroH~er. In the e.ent of a partial taking of the Property~,
_ :
l~.,.r.::: a * __~~_r :sl:.=.-i:~:rc '.:s::: :z~r:!:^a l4:r L::^sc e;•e•1t.;.;1 1.y C~~•~lrjt~! In~trJ!TZQnt C~l2~~ ~~4~UC'Q(~ f1V
liltitl_11f\•~a~~~~ta ui~u i~i~v~~ . . ~
the amount of the proceeds multiplied by the folloK~ing fraction: (a) the total amount uf the sums secured immediately
heture the taking, divided by (b) the fair market ~~alue of the Propert}~ immediatel~~ before the taking. Any baiance shall be
paid to Borrow•er.
If the Praperty is abandoned b~• B~rrow~er, or if, after notice by Lender to Borrow~er that the condemnor otTers to
rncike an aw ard or Settle a claim for damages, Borrow~er Pails ta respond to Lender w ithin 30 da}~s after the date the notice is -
gi~•en, Lender is authorized to collert and appl~~ the pra-eeds, at its option, either to rc~toratiun or repair of the Vroperty or
to the sums secured by this Secunt}• Instrument, w~hether or not then due. -
Unless Lender and Borrower otherwise agree in writing, any application of pruceeds to principal ~hall no! extend or
~ost~wne the due date of the monthly papments referred to in paragraphs 1 and 2 or rhange the amount of such pay~ments.
10. Borrower '.Vot Released; Forbearance B~~ Lender Not a Waiver. Extension of the time for pa}~ment or
modification of amortization of the sums secured b}~ this Security Instrument granted by Lender to an}• successor in
interest of Borrow~er shall not operate to release the liability of the original Borrower or Burm~~er's successors in interest.
Lender shall not be required to commence proceedings against any success~x in interest or refuse to extend time for
pa}~ment or otherw~ise modif} amortization of the sums secured by this Securit}~ Instrument by reason of any demand made
b} the original 8orrow•er or Borro~~~er's successors in interest. An}~ forbearance b}~ 1_ender in exercising any right or remedy~
,~rall not be a w~aiver cf ~,rec!ude the e~ercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements oi ~
~ this Security Instrument shall bind and benefit the successors and assigns uf Lender and Borrow~er, subject to the provisions
e~f paragraph 17. Borruw er's co~enants and agreements ~hall be joint and se~~eral. An~• B~~rraw~er K•ho co-signs this Security ~
Instrument but dces not execute the '.`ote: (a) is ca-signing this Secunty Instrument only~ to mortgage, grant and com~e}~
that Borrow~er's interest in the Prc~~rt~~ under the terms of this Securit}~ Instrument; (b) is noi personail}~ obligated ro pay
the sums serured b~~ this Securitc instrument; and (c) agrees that Lender and any other Borrower map agree to extend. ~
modify~, forbear c~r make an~ :~rrommodatiens w~ith regard to the terms of this Security [nstrument or the Note without
i that Borrow~er's cunsent. ~
12. I,oan Charges. !f the loan secured by this Security Instrument is subject ro a law which sets maximum loan ~
~ ~harges, and that laK~ is finall}~ interpreted so that the interest ar other loan eharges collected or to be collected in
~ ~onnection with the loan exceed the permitted limits, the~: (a) any such loan charge shall be reduced by the amount ~
I necessary to reduce the charge to the permitted limit; and (b) any sums alread}• collected from Borrow•er which exceeded ~
~ permitted limits ~•ill be refunded to Borrower. Lender may choose to make this refund by~ reducing the principal owed ,
E under the Note or b~• making a direct payment to Borrow~er. If a refund reduces ~rincipal, the reduction u~ill be treated as a ~
; partial prepayment w•ithout an~~ prepayment charge under the Note. ~
E 13. Legislation Aflecting I.ender's Rights. If enactment or expiratic~n of applicable laws has the effect of ~
E ~endering an}~ pro~~ision of the Note or this Security Instrument unenf<i:ceable acrording !o its terms, Lender, at its option,
; m~~~ require immediate pa~~ment in full of all sums secured bp thiti Securih~ Instrument and may im~oke anp remedies .
i permitted b}~ paragraph 19. If Lender exercises this option, Lender shall take the steps srerified in the second paragraph of
paragraph 17.
~ 14. tiotices. An}~ nc~tice to Borm~~er ~rrn ~ded for in this Secunt~~ Instrument shal) be given by delivering it or by
i mailing it by~ first class mail unfess applirable law~ requires use of another methcid. The notice ~half be directed to the
~ k'roperty Address or any other address Borrow~er des~gnates by notice to Lender. An}~ notire to Lender shall be given by
~ first class mail to Lender's address stated herein c~r an~• other addresti Lender designates by n~tice to Borrow~er. Any notice
s pro~~ided for in this Security~ Instrument shall be deemed to ha~e been gi~ en to I3orrower or Lender when given as provided
~ in this paragraph.
; 15. Governing Law; Severabilit}~. Thi4 Securit}~ Instrument tihall be gocerned b}~ federal law and ihe law~ of the
F jurisdicti~n in w•hich the Propert}~ is located. In the event that an~~ pm~~isic~n or clause of this Security Instrument or the
E tiote conflicts w~ith applicable Iaw~, such conflict shall not affect other pra~-isions of this Security Instrument or the Note
6 w'hich can be gi~~en efFect without the conflicting pro~ision. To this end the pmvisions of this Security Instrument and the
~ tiote are ~eclared to be severable.
16. Borrower's Copy. Borrower ~hall be gi~~en one confo~ med copy~ of the Note and of this Security Instrument.
i l7. Transfer of the Property or a Beneficial Interest in Borrower. If ail or any part of the Yroperty or any~
interest in it is sold or transferred (or if a beneficiai interetit in E3~rrower is sold or ? rar~sferred and Borrower is not a natural
~rson) a~ithout Lender's prior written consent, Lender may, at its option, require immcdiate payment in full af all sums
secured h} this Se~.:urity Instrument. Howecer, this u~tic~n shall nor be exercised by Lender if exercise is prohibited by
Iederal lau~ as of the date of this Security I?~strument.
If' Lendir exercises this option, Lender shall gi~e Borrow'er notice of acceleration. The notice shall provide a period
~f not less than 30 day~s from the date the notice is delivered or ma~led u~ithin whuh Borrow~er must pay all sums secured by
this Security Instrument. If Borrower fails to pa}~ these sums prior to the expiration of this period. Lender may invoke an}~
remedies permitted by~ this Security Instrument w~ithout further notice or demand on Borrower.
18. Borrow~er's Right to Reinstate. If Borrow~er meets certain conditi~ns, Borrow~er shall ha~~e the right to have
enfurcement of ?his Security Instrument discontinued at an}~ time prior to the earlier of: (a) 5 days (or such other period as
£ ap~licanle IaH ma}~ spec~F} for reinstatement) before sale of the Propert}~ pursuant to any power of sale contained in this
~ Security Instrument; or (b) entrp of a judgment enforcing this Security tnstrument. Those conditions are that Borrower.
ti (a) pa}~s Lender all sums w~hich then would be due under this Se~:urity Instrument and the Note had no acceleration
e occurred; (b) cures any defa~~lt of any other covenants or agreements; (c) pays ali expenses incurred in enforcing this
Security Instrument, including, but not limited ro, reasonable attorneys' fees; and (d) takes such action as Lender may
reas~,nably reyuire t~ assure that the lien of this Security Instrument. Lender's r~ghts in the Prope:ty and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. llpon rei?~statement by
Borrow~er, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. Howe~er. :his ribht to reinstate shall not apply in the case of acceleration under paragraphs i 3 or 17.
e~~ 675 r~A~E233~
't ~~n
. ~v.,r~.'[a ~
=d-7.swc3V.w "`~""K~`'s.~-': ~