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' ' 99 �07386 <br /> CASE ��: LAP343460148845 LOAN ��: 1107292 <br /> Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then <br /> Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured <br /> by this Security Instrument,whether or not then due.Tfie 30-day period will begin when the notice is given. <br /> Unless Lender and Bonower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone <br /> the due date of the monthly payments referred to in pazagraphs 1 and 2 or change the amount of the payments.If under paragraph <br /> 21 the Property is acquired by Lender, Bonower's right to any insurance policies and proceeds resulting from damage to the <br /> Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately <br /> prior to the acquisition. <br /> 6. Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application; Leasehotds. <br /> Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of <br /> this Security Inswment and shall continue to occupy the Property as Borrower's principal residence for at least one year after the <br /> date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless <br /> extenuating circumstances exist which are beyond Bonower's conirol.Bonower shall not destroy,damage or impair the Property, <br /> allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or <br /> proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or <br /> otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a <br /> default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in <br /> Lender's good faith determination,precludes forfeiture of the Bonower's interest in the Property or other material impairment of <br /> the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the <br /> loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with <br /> any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations <br /> concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Bonower <br /> shall comply with all the provisions of the lease. If Bonower acquires fee tide to the Property, the leasehold and the fee tide shall <br /> not merge unless Lender agrees to the merger in writing. <br /> 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in <br /> this Security Inswment, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a <br /> proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay <br /> for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include <br /> paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable <br /> attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this pazagraph 7, Lender <br /> does not have to do so. <br /> Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Bonower secured by this Security <br /> Instrument. Unless Bonower and Lender agree to other terms of payment, these amounts shall bear interest from the date of <br /> disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Bonower requesting payment. <br /> �. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security <br /> Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the <br /> mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to <br /> obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost <br /> to Bonower of the mortgage insurance previously in effect, from an alternate moRgage insurer approved by Lender. If <br /> substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to <br /> one-twelfih of the yearly mortgage insurance premium being paid by Bonower when the insurance coverage lapsed or ceased to <br /> be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve <br /> payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period <br /> that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the <br /> premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage <br /> insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. L,ender shall give <br /> Bonower notice at the time of or prior to an inspecrion specifying reasonable cause for the inspection. <br /> 10. 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 condemnation,are hereby assigned and shall <br /> 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 Instrument, <br /> whether or not then due,with any excess paid to Bonower.In the event of a partial taking of the PropeRy in which the fair market <br /> value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security <br /> Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this <br /> Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of <br /> the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the <br /> taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the <br /> Property 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 be applied to the <br /> sums secured by this Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Bonower, or if, after notice by Lender to Bonower that the condemnor offers to make an <br /> awazd or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is <br /> authorized to collect and apply the proceeds, at its option,either to restoration or repair of the Property or to the sums secured by <br /> this Security Instrument,whether or not then due. <br /> Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone <br /> the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11.Borrower Not Released; Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of <br /> amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br /> operate to release the liability of the original Bonower or Bonower's successors in interest. Lender shall not be required to <br /> Form 30 8 9 <br /> ��6V(NE)�s2oe�.o2 CHL(06/96� Page 3 of 6 Initial� <br />