Laserfiche WebLink
<br />I <br /> <br />88- 1019ff1 <br /> <br />If lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and lender's written agreement or applicable law. <br />8. Inspection. lender or its agent may make reasonable entries upon and inspections of the Property. lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he 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 Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Sccurity Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property imnwdiately hcfore the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender wit hin 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, eithcr to restoration or repair of the Property or <br />to the sums secured by 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 <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such paymcnts. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security instrument granted by lender to any successor in <br />interest of Borrower shall not operate to release the liability of thc original Borrower or Borrower's successors in interest. <br />lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amorti1:ation of the sums secured by this Security Instrument by reason Gf any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver ofor preclude the exercise of any right or remedy. <br />II. Successors l!nd Assigns Bound; Joint and Severai Liability; Co.signers. The covenants and agreemcnts of <br />this Security Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan ~harges collected or to be collected in <br />connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already colleckd from Borrower which exceeded <br />permitted limits will be refunded to Harrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will b~ treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable uccording to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Sccurity Instrument and may invoke any remedies <br />permitted by paragraph 19. if lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. An)' notiL'e to Borrower provided for in this Stcurity Instrument shall he given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directcd to the <br />Property Address or any other addrcss Horrower designlltes by noticc to lcnder. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice to Harrower. Any notice <br />.provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when givcn as provided <br />in this paragraph. <br />IS. Governing taw; Severability. This Security InstrumeI1l shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Inslrumcnt or the <br />Note conflicts with applicable law. such conflict shall not affe~t other provisions of this Security Instrument or thc Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Sccurity I nst rumcnt and the <br />Note are declared to be scverable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrumcnt. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or an)' <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, requirc immediHlc payment in full of all sums <br />secured by this Security Instrument. However. this option shall not be excrt'ised by Lender if c:\erl'ise is pmhibited by <br />federal law as of the date of this Security iustrument. <br />If Lender exercises this option, lender shall give Borrower notice of accelera:ion. Thc notice shall provide ,I pcriod <br />of not less than 30 days from the date the notice is delivered or mailed withm which Borrower must pay all sums s~L'ured by <br />this Security Instrument. If Borrower fails to pay thcse sums prior to the expiration of I his period, Lender milY invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. if Borrowcr mects cerlain conditions, Borrowcr shall have lhe right to havc <br />enforcement of this Security instrument disconlinued at any time prior to thc earlier of: (a) 5 days (or such olher period as <br />applicable law may specify for reinstatement) bcfore sale of t he Proper! y pursuant to any power of salc conlaincd in this <br />Securitylnstrument; or (b) entry of a judgment enforcing this Security Instrument. Th,,~~ conditions arc that Borrowcr: <br />. (a) pays Lender all slims which then would be due under this Security Instrument and the Note had no accl'leralion <br />occurred; (b) curcs any default of any other covenants or agreements; (c) pays all expenses incurred in enfon:ing this <br />Security In'itrumcnl, il1l.:luding. hut nol limited to, reasonable attorlleys' fees; and (d) takes such aclion as l.enda may <br />rt!asona?ty rcquire 10 a!.snre Ihat thc lien of this Security Instrument, Lender's rights in lhc Property ;lIld llorn)\H'r'.. <br />obligatioll to pa~' the S(lIn., ..C'C'urcd by this Security Instrumcnt shall cOlltillUr: nnchangr:d. l:pllll rr:lllstatcmr:1I1 h~ <br />Borrower, this Sl'cufity !mlrulI1ent find Ihr: ohligations sr:cnrcd hereby ..hall rClllalll fnlly cni:ctlll' as 11' IIn ;ICcTlnatlllll had <br />oc<:urrcd, Ilowe\er, thi,,"ght 10 rcill!>t"lc \hilllllot IIpply in the L'a!>c ofaccclcrall\ll1ulIlkr par;lgraph.. 11 III l' <br />