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20120107i <br />insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />any excess paid to Bortower. If Borrower abandons the Property, or does not answer within the number of days <br />prescribed by Applicable Law as set forth in a notice from Lender to Borrower that the insurance carrier has <br />offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or <br />restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The period of <br />time for Borrower to answer as set forth in the notice will begin when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payments referred to in the sections tifled Payment of Principal and Interest; <br />Late Charges and Funds for Tages and Insurance or change the amount of the payments. If under the section <br />titled Acceleration; Remedies, the Property is acquired by Lender, Bonower's right to any insurance policies and <br />proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the <br />sums secured by this Security Instrument immediately prior to the acquisition. <br />Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br />Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on <br />the Property. Bonower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun <br />that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the <br />lien created by this Security Instrument or Lender's security interest. Bonower may cure such a default and <br />reinstate, as provided in section titled Borrower's Right to Reinstate, by causing the action or proceeding to be <br />dismissed with a ntling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in <br />the Property or other material impairment of the lien created by this Security Instrument or Lender's security <br />interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or <br />inaccurate information or statements to Lender (or failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note. If this 5ecurity Instrument is on a leasehold, Borrower shall <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Properly, the leasehold and the fee <br />title shall not merge unless Lender agrees to the merger in writing. <br />Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in <br />the Properiy (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and <br />Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority <br />over this Security Insirument, appearing in court, paying reasonable attomeys' fees and entering on the Property to <br />make repairs. Although Lender may ta.ke action under this section, Lender does not have to do so. <br />Any amounts disbursed by Lender under this section shall become additional debt of Bonower secured by this <br />Security Instrumen� Unless Borrower and Lender agree to other terms of payment, these amounts shall beaz <br />interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender <br />to Borrower requesting payment <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Security Instrument, Bonower shall pay the premiums required to maintain the mortgage insurance in effect If, for <br />any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall <br />pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in <br />effect, at a cost substantially equivalent to the cost to Bonower of the mortgage insurance previously in effect, <br />from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is <br />not available, Bonower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br />insurance premium being paid by Bonower when the insurance coverage lapsed or ceased to be in effect. Lender <br />will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments <br />may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Bonower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, <br />until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower <br />and Lender or Applicable Law. <br />Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />Condemnation. The proceeds of any awazd or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemna,tion, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the <br />Property in which the fair market value of the Property immediately before the taking is equal to or greater than <br />the amount of the sums secured by this Security Instrument immediately before the talcing, unless Bonower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property <br />immediately before the taking is less than the amount of the sums secured immediately before the taking, unless <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />� 2004-2011 Complience Syatems, Inc. ADCD-B656 - 2010L1.15.461 <br />Cousumer Real Estate - Security Inshvment DL2036 Pege 3 of 6 www.compliancesystems.com <br />