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HomeMy WebLinkAbout2498 . . . ~ ~ . ~ • , ` , ~ 3 f 9 It Lender rec~uired mortgage insurance as a condition of making the loan secured by this Security~ Instrument, j I3urroHer shall pay the premiums required to maintain the insurance in efTect until such time as the requirement for the ~ ~n,uranre terminatc~ in accordance with Borruwer's and Lender's writtel agreement or applicable law. ~ 8. [nspection. Lender or its agent may make reasonabte entries upon and inspections of .?he Property. Lender ~ ,h~ll gi~e Borrow~er notice at the time of or prior ta an inspection specifying reasonable cause for the inspection. ~ 9. Condemnation. The proceeds ot~any award or claim for damagec, dirert or consequential, in connectian w~ith ~ an} condemnation or other taking of any part of the Property, or for com~e~~ance in lieu of condemnatian, are hereby atisigned and shall be pa~d to Lender. ~ ln the e+~ent of a total taking of the Property, the pra:eeds shall be applied to the sums secured by this Security ~ [nstrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, ihe sums secured by this Security Instrument shall be reduced by the amount of the pra:eeds multiplied by the following fraction: (a) the total amount of the sums securc~ immediatel~~ } before the taking, di~~ided by (b) the fair market value of the Property immediately before the taking. Any balance shall be - paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofi'ers to make an zw~ard or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is gi~•en, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any appli..ation of proceeds to principal shall not extend or ~stpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of such payments. 4 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modifi:,ation of amonization of the sums secured by this Security lnstrument granted by Lender to any successor in ~ interest of Borrow•er shall not operate to release the liability of the original Borrower or Borrower's successors in interest. ; Lender shai! not be required to commence proceedings against any successor in interest or refuse to extend time for ~ ~ayment or otherwise modiPy amortization of the sums secured by this Security Instrument by reason of any demand made ~ b}~ the original Borrow~er or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy * ,hall not be a waiver of ar preclude the exercise of any right or remedy. ~ 11. Successors and Assigns Souad; Joint and Several Liability; Casigners. The covenants and agreements of ; this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions ~ of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who casigns this Security ? lnstrument but does not execute 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 obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and an}• other Borrower may agree to extenci, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without - that Borroa•er'sconsent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan ~harges, and that law~ is finally interpreteci so that the incerest or other loan charges collected or to be collected in ronnection with the loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amount ' necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded ? I'' permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed i under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a ~ partial prepayment without any prepayment charge under the Note. ~ 13. Legislation AfTecting Lender's Rights. If enactment or expiration of applicable laws has the eflect of + F rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, a j may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies ' ~rermitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of ° ~ paragraph 17. ~ 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by ~ mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the , Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given b}~ ~ first class mail to Lender's address stated herein or any other address Lender designates by notice to B~rrower. Any notice ~ ~ro~~ided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided £ in this paragraph. ~ 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law~ of the ~ jurisdiction in which the Property is located. In the event tizat any provision or clause of this Security Instrument or the tiote conflicts w~ith applicable law, such conflict shall not affect other provisions of this Security Instrument ~r the Note ~ ~?hich can be given ~ffect without ihe conflicting provision. To this end the provisions of this Securit~~ Instcument and the ~ \ote are declared to be severable. ~ 16. Borrower's Copy. Borrower shall be given one conformed copy of the ?ti'ote and of this Securit~~ Ir.strument. ~ 17. Transfer of the Property or a Beneficial Interest in Borrower, tf a{I or any part of the Property or an~~ ~ interest in it is sold ar transferred (or if a t~eneficial interest in Borrower is sold or transferred and Borrow~er is not a natural ~ pc:rson) without Lender's prior written co~sent, Lender may, at its option, require immediate pay~ment in full of all sums secured b} this Security Instrument. How•ever, this option shall not be exercised by Lender if exercise is prohibited by ' federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shail give Borrow~er notice of acceleration. The notice shall provide a period ~,f not less than 30 da}~s from the date the natice is delivered or mailed within which Borrow~er must pay all sums secured by~ this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender ma}~ invoke any remedies permitted by this Security Instrument without further notice or demand on Bormw~er. 18. Borrower's Right to Reinstate. Ii' Borrower meets certain conditions, Borrower shall ha~~e the right to have ~nforcement ~f this Security Instrument discantinued at any time prior to the earlier of: (a} 5 days (or such other period as applicable law may~ specif~~ for ~einstatement) before sale of the Property pursuant to any ~wer of sale contained in this Serurit} Instrument; or (b) entry~ of a judgment enforcing this Security Instrument. Those conditions are that Borro~~er ~ (a) pa}s Lender all sums which then w~ould be due under this Security Instrument and the Note had na acrelerati~n > ~ occurred; (b) cures an~~ default of an}~ other covenants or agreements; (c) pa}~s alf expenses incurred in enforcing thiti ~ Securit}~ Instrument, inciuding, but n~t iimited to, reasonable attorneys' (ee5; and (d) takc~s such action as Lender ma~~ reasonabl}~ reyuire t~ astiure that the lien of this Security Instrument, Lender's rights in the Propert~~ and Borrower's ~ obligation to pa}~ the ~ums secured by this Security Instrument shall continue unchanged. l,'pon reinstatement b~~ s Horrower, thiti Securit~~ Imtrument and the obligations secured hereby shall remain full~~ effective as if no acceleration ha~ c~ccurred. Hc~we~ er, this right tc~ rein~tate shall not appl}• in the case of accelerat:on under paragraphs 13 or i 7. BaoK s75 PACEz4sa ~ , ~ ~ : ,y ' ~ :t ~ - - _ r~ =Y, ~ ~