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HomeMy WebLinkAbout2998 i . ; If Lrnder reyuired m~r~gaee insurance as a condition of making the loan secured by this Security lnstrument, j t3t~rr~~~~cr tihall ~a~ ~hr premiums reyuired to maintain the insurance in eflect until such time as the requirement for the ~n~ur:in~e I~rminatr. in acrc~rdance with fiorrow•er's and Lender's written agreement or applicable law. ? 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. L,ender i ~hall gi~ e 13~~rm~scr nutire at the time of or prior to an inspection specifying reasonable cause for the inspection. : 9. C'ondemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with 3 an~~ cc~n~emna~i~~n or other taking of any part of the Praperty, or for conveyance in lieu of condemnation, are hereby ~ .+.•icnc~ and tihall tx raid tu Lendcr. L In Ihr r~~cnt of a tc~lal taking of the Property, the prcxeedc shal! be applied to the sums secured by this Security ~ lmtrumcnt, ~~•hrther or not then due, with any excess paid to Borrower. In !he event of a panial taking of the Property, ' ~in!~~. 13~~rn~Her and Lrnder uthenvise agree in writing, the sums secured by this Security Instrument shal! be reduced by thr anu~unt uf ~he rrcx:ccds multiplied by the following fraction: (a) the total amount of the sums secured immediately Fxfurr ihe taking, eli~ icled by (b) the fair market value of the Property immediately before the taking. Any balance shall be rai~ t<~ B~rri~Her. lf ~he Propert~ is abandoned by Borrow~er, or if, aRer notice by Lender to Borrower that the condemnor oflers to m.ike an aw;~rd ur .ettle a rlaim for damages, Borrower fails to res~±c~nd to Lender within 30 days aRer the date the notice is ~ gi~ en, l.cn~er it authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or + t~~ t he.um< <erured b~• this Security Instrument, whether or not then due. i Unless Lender and B~~rrower otherwise agree in writing, any application of proceecis to principal shall not extend or ~~~~t~x~ne the duc d:~tc ~~f ~he mon~hly payments reterred to in paragraphs 1 and 2 or change the amount of such payments. 10. BorroK~cr \ot Released; Forbearance By Lender Not a K'aiver. Extension of the time for payment or mcxiifcati~n ~f am~~rtization of the sums secured by this Security Instrument granted by Lender to any successor in intere.t ~~f Borr~?w•cr tihalf not c~perate to release ~he liability of the original Burrower or Borrower's successors in interest. Lcn~l~r tihaU r~ut tx: reyuired to rommence ~roceedings against any successor in interest or refuse to extend time for pay~ment or c~therwise mcxiify amortization of the sums secured by this Security Instrument by reason of any demand made h~~ ~ he original [3~rre~w~er or Borrower's succcssors in interest. Any forbearance by Lender in exercising any right or remedy tihall nc~t k~e a waiver of or preclude the exercise of any right or remedy. ~ 11. Successors and Assigns Bound; Joint and Sereral Liability; Co-~igners. The covenants and agreements of - ~ t hi, Scrurity Instrument shalt bind and benefit the successors and assigns ot Lender and Borrower, subject to the provisions of ~aragraph 17. Borroa•er's co~•enants and agreements shall be joint and several. Any Borrower who co-signs this Security ~ Instrument but doe~ not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey t hat [3orrow•er's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay ~ the ~ums secured by this Security [nstrument; and (c) agrees that Lender and any other Borrower may agree to eztend, ~ mc~d~f~~, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without ~ that [3orrow~er'sconsent. ~ 12. I,oan Charges. If the loan secured hy this Security Instrument is subject to a law which sets maximum loan ; charge~, :~nd that law is finally interpreted so that the interest or other loan charges colfected or to be coUected in E c~nnectic~n w~ith thr loan exceed the permitted limits, ihen: (a) any such loan charge shail be reduced by the amount ~ nrretitiar}~ tc? reduce thc rharge to the permitted limit; and (b) any sums already collected trom Borrower which ezceeded E rermitted limits w•ill he refunded to Borrower. Lender may choose to make this refund by reducing the principal owed E under the Note or by making a direct payment to Borrower. If a refund reduces princi~al, the reduction will be treated as a ~ ~artial rreraymcnt without any prepayment charge und~r the Note. 13. [.eqislation Affecting Ixnder's Rights. If enactment or expiration of applica`~1~Sa~, has the efTect of ~ rendering any pro~•ision of the Note or this Security Instrument unenforceable according to its terms Le~ider, at its option, ~ ma}• reyuire immediate rayment in full of all sums secured by this Security Instrument and may invoke any remedies ~ ~rmitted bj• paragraph 19. {f Lender exercises this option, Lender shall take the steps specifieci in the second paragraph of paragraph 17. , 14. ;\otices. Any notice to Borrow•er provided for in this Security Instrument shall be given by delivering it or by , mailing it hp first cl~~~ mail unless applicable law requires use of another method. The notice shall be directed to the Prorcrt}~ Addre~ti c,r any othcr address Borrower designates by notice to L.ender. Any notice to Lender shal! be given by ~ firtit class mail to Lender'ti address stated herein or any other address Lender designates by notice to Borrower. Any notice ~ rrc~~ ided fc~r in thiti Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided ; in this ~,aragraph. ~ 15. Coverning i.aw; Severability. This Security Instrument shall be governed by federal law and the law of the "s iuri.diction in which the Property is Icx:ated. In the event that any provision or elause of this Seeurity Instrument or the t N~te conflicts with applicable law, such corflici shall not affect other provisions of this Security Instrument or the Note ° hech can bc given effect without the conflicting provision. To this end the provisions of this Security Instrument and the E tiote are declared to be se~~erable. ~ 16. Borrower's Copy. Borrower shail be given one conformed copy of the Note and of this Security Instrument. a 17. Transfer of the Property or a Beneficisl Interest in Borrower. If all or any part of the Proptrty or any ~ intcrest in it is sold ar transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural s ~cr~~m) w~ithout Lender's prior written co~sent, Lender may, at its option, require immediate payment in fuli of all sums , ~ccured by this Securi~y Instrument. However, thss option shal! not be exercised by Lender if ~xercise is prohibited by fcc:rral law~ as of the date ~f this Security Instrument. lf f.endrr exercises this option, I.ender shall give Bc~rrower notice of acceleration. The notice shall provide a period ~~f ~u,t Ie~ti than 10 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by thi~ Sccurity~ (n~trument. (f Borrower tails t~ pay these sums prior to the expiration oPthis period, Lender may invoke any remedie~ ~ermitted b~• this Security Instrument without further notice or demand on Borrower. 18. Borrnw~er's Ri~ht to Reinstate. If Borrower mects certain conditi~ns, Barrower shal) have the right to havc rnG~rcemrnt e,( ~his Security Instrument diticontinued at any time prior to the earlier of: (a) 5 days (or sueh other period as ar~licah~c law• ma~• srecify for reinstatemens) t efore sale of the Property pursuant to any power of sale contained in this Scruri~~~ In~~rument; nr (b) entry ~f a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) ~a~~ I.ender all sums ~~hich then would be due under this Security Instrument and the Note had no acceleration sKCUrred; (h) cure~ any de~ault of any ~ther covenants or agreements; (c) pays all ex~enses ineurred in enforcing this Securit}~ In~trument, including, but n~~F limited to, reasonable attorneys' fees; and (d) talces such action as Lender may rea~onably~ rcyuire tn assure that the lien of this Security Instrument, l.ender's rights in the Property and Borrower's obligation t~ pa~• the sums secured by this Security lnstrument shall continue unchanged. Upon rcinstatement by (3cirr~wrr, this Securit}• Instrumen~ and the obligation5 secured hereby shall remain fully eflective as if no acceleration had ~xcurred. H~ae~~er, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. 5~~K 6~5 ~,E 29~~ gooK 657 P~~E1886 - .~._-~-k~ ~-u~>' .