Loading...
HomeMy WebLinkAbout2945 ) ~ ~ , ' , , ~ • . . • - If L~n~ier rryuired murtgage insurance as a ec~nditi~~n of making the loan .ecured b}~ this Serurity Instrument, k3~~rn~~~rr .haU pa~ the ~remiums reyuired to maintain the insuranre in effect until such time ~s the reyuirement for thr in~ur~nrr termin~te, in acrurdance w~ith BorruH•er's and Lender's written agreement or applirable IaH. 8, lnspection. Lender or its agent may make reasonable entries u~in and ins~tions of the Property. Lender ,h:~ll Ri~ r f3urru~~ rr n~~tirr at the time of ur prior to an ins~tion s~erif}~ing reasonable rause fur the ins~tion. 9. Condemna~ion. The pr~xeeds of an~ award or claim fc~r damagzs, direct or consryuential, in ronnertion w•ith ,+n~ condemnation or other taking c~f an~~ part of the Yroprrty, or for com~e~~ance in lieu of condemnation, are hereb~ :~»~gned snd shall t~e paid to Lender. In the r~ent of a total taking c~f the Property~, the prcxeeds sh311 be applied to the sums secured b~~ this Security In.trun~ent, whether ur not thzn due, with any excc~s paid to Borrower. In the e~~ent of a partial taking of thc Pro~rty, unletis E3orroHer and Lender otherH•ise agree in a~riting, the sums secured b}• this Se~:urity Instrument shall be reciuced b}• the amount of the pra;eeds multiplied b~~ the follow•ing fraction: (a) the total amount of the sums secured immediatelp hrti~rr the taking, di:~ided by (b) the fair market value of the Propert~~ immediately before the taking. Any balanre shall be paid to BorroK•er. It'the Pro~rt~~ is abandoned by~ Borrow~er, or if, after notice b~~ Lender to Borrow~er that the rondemnor oflers to make an a~~~ard or settle a claim for damages, Borrow~er fails to respond to Lender wiihin 30 days after the date the notire is gi~ en, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Propert~~ or tu the tiums serured b}~ this Securit}• Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or ~ustpune the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such pa}•ments_ 10. Borrower \ot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by I.ender to anp successor in interest of Borrow~er shall not aperate to release the liability of the original $orrower or Borrower's snccessors in interest. Lender shall not lie required to commence proceedings against any successor in interest or refuse to extend time for , p3yment or otherw~ise modify 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 righi or remedy I shall not be a w~aiver of or preclude the exercise of any right or remedy. ~ 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Securit}~ Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Bosrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but dces not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Praperty under the terms of this Security Instruntent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower map agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note a•ithout that Borro~~~er's consent. 12. Loan Charges. If the loan secured by this Security Instrument 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 w~ith the l~an exceed the permitted limits, then: (a) an~~ such loan 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 ~ permitted lirr~its a~ill be refunded to Borrow~er. Lender may choose to make this refund by~ reducing the principal owed ~ 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. l3. Ixgislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any pro~~ision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, ma~~ reyuire immediate pa}~ment in full of all sums secured by this Security Instrument and may invoke any remedies ~ permitted b}~ paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of ~ paragraph 17. ' 14, tiotices. An~~ 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 ; Propert~~ Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by E first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice ~ pro~~ided for in this Security Instrument shall be deemed to have been given to Borrower ar Lender when given as provided ; in this paragraph. i 15. Governing I.aw; Severa6ility. This SecuritS• Instrument shall be governed by~ federal law• and the law of the j jurisdiction in which the Property is located. In the event that any provision or clause of this Securitv Instrument ~r the tiote conflicts w~th applicable law, such conflict shall not afTect other provisions of this Securiiy lnstrument or the Note s Hhich can be gi~en effect wiihout the conflicting provision. To this end the provisions of this Securit}~ tnstrument and the ~ ti~te are declared to be se~~erable. ~ 16. Borrower's Copy. Borrow•er shall be given one ronformed cop} of the Nc~te and c~f this Security Instrument. ' 17. Transfer of the Property~ or a Beneficial Interest in BorroK~er. If all ar an} p:~rt of the Pro~ert}~ or am~ ~ interest in it is sold or tramferred (ar if a beneficial interest in Borrciwer is s~~ld or transferred and E3orrower is not a natural 5 ~enon) without Lender's prior w~ritten consent, Lender ma~~, at its ortion, reyuire immed~ate pa}~ment in full of ali sumti secured b~ this Securit}• Instrument. How~e~•er, this option shall no? be exerritied b}~ Lender if exercitie iti prohibited b~ federaf la~s as of the date of this Securit}~ Instrument. If Lender exerc~ses this option. Lender shall g,;~e Barrower noUce ~f acceleration. The nrnire shall provide a perioci ~~f nc,t Itws than 30 da}~s from the date the n~tice iti del~~ered c~r mai}ed within w~hich Borrower must pa}~ atl sums secured b} thiti Serurit} Instrument. If B~rr~wer fails t~ pa~ these tiums prior to the expiration of this period, Lender ma}~ in~~oke any remedieti ~ermitted b~~ this Securit}~ Instrument w~ithnut further notice or demand an Borrower. 18. Borrower's Right to Reinstate. If i3orrow~er meets certain conditi~ns. Borro~er shall ha~e the right tc~ have ~nf~~rcrment c~f thi~ Secunl~~ tnstrument discontinued at an~~ time prior to the earlier c~f: (a) 5 days (~r such other rerie~d :~ti a}~~licahle la~~ ma~ ~~,erif~ fc~r reimtatement) before tiale of the Property pursuant t~ an}~ pc~w~er of safe cantained in thi~ ~ C' 1 r ~ _ ~ r ~t; u;n~;;t, r~~ir. u~ a iuugmeni enic~rcing [nis ~ecurit}~ inttrument. I hcne cond~ti~nti arr that Bc~rmwer ~a~~ Lrnder all ~umti ~~hirh then would be due under this Security InstrLment and the tiote had n~~ arreleratic~n c~crurr:d; (h? ~ureti an~ dcfault ~f an}~ otfier covenants or agreements: (c) pays all expentieti inrurred in enforcing thi; Serurit~ In~tr~mrnt. irirludm~, but nnt limited to, reationable att~rne}ti' feeti: and (d) t;~ke~ tiurh acti~n ati [.rnder ma~ rcau~n~~hl~ reyuirr t~~ a~~ure that the lien ~f this Securit}~ Instrument, Lender'~ nght~ in the Pecipert} and R~~rniwcr'~ c~bLgan~m tu ra~ thr ~um, ,rcured h~ thit Securit~ In~trument tihall c<mUnur un:hangcd l'~+m rein~tatement h~ B<~rn~~+rr. ihi, Serunt~ I~i~trument and the c~bligatianti tierured herrh~ tihall remam full~ rfi~r~Ii~e a~ if n~~ arrrlenittcm had ~~c~urrrci H~,ar•er. thiti nght tc~ reintitate`hall ni~t a~rit in thr~a~e~~fa~~rlcran~~n un~ler r,ir.~grarh. 1~~~r I? sooK675 ~~~E2945 _ - n. _ _ - . e