Laserfiche WebLink
<br />88- 105915 <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 Dolll such time as the requirement for the <br />insurance tenninates in accordance with Borrower's and Lender's written agreement or applicable law. <br />fl. IDlpec:t(on. Lender or its Bgcnt 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. CondemJllltion. The proceeds of any award or claim for damages. direct or consequential, in connection with <br />any condemnation or Dlher taking of any part of the Property, or for conveyance in lieu of condemnation. are hereby <br />assigned and shan be paid to Lender. <br />In the even! or a total taking or 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 or the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the followiug fraction: (a) the total amount of the sums secured immediateJy <br />before lhe taking. divided by (b) lhe fBir market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Propeny is abandoned by Borrower, or if, after notice by Lender to Harrower that the condemnor offers to <br />make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to coUC'Ct and apply the proceeds, at its option, either 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] and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amonization 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 the 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 otl1erwisc modify amonization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising Bny right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Su......,.. and AuIIlUll Bound; Joinl and Several Uabillly; Co-si8llers. The covenants and agreements of <br />this Security Instrument shaH 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 CD-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 Propcrty under the tenns 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 tenns of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the Joan 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 charges collected or to be collected in <br />connection with the Joan exceed the permitted Jimits, 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 coUected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make thi, refund by reducing Ihe principal owed <br />under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction wilJ be treated as a <br />panial prepayment without any prepayment charge under the Note. <br />13. Lealslallan Alfectlng Lender's Rights. If enactment or expiration of applicable law, has the effect of <br />rendering Bny provision oftbe Note or this Security Instrumern unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in fulJ of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender CJtercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notic:a, Any notice to Borrower provided for in this Security Instrument shalJ be given by deJivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. 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 Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. GoyerniDg LaW; SeyerabUlty. This Security Instrument shaJl be governed by federal law and the law of the <br />jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrumen1 or the <br />Note conflicts with applicable law, such conflict shall not atreet other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of thb Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one cor.formed copy of the Nole and of this Security Instrument. <br />17. Tl'IlIIIrer of the Property or a 8enefitiallnteresl in Borrower. If all or any pan of the Propert}' or any <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. require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shan not be exercised by Lender if exercise is prohibited by <br />fedcrallaw as ofthe date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />ofno11ess than 30 days from the date the notice is deJivercd or mailed within which Borrower must pay all sums secured by <br />[his Security Instrument. If Borrower fails to pay these sums prior to the expiration of1his period, Lender may invoke any <br />remedies permitted by this Security Instrument without fun her notice or demand on Borrower. <br />18. Borrower's Right to Relastate. If Borrower meets cenain conditions. Borrower shall have the right to have <br />enforcement of this Security Inslrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Propeny pursuant to any power of sale conlained in this <br />Security Instrument; or (b) entry of a judgment enforcing this SecunlY Instrument. Those conditions are that Borrower; <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Notc had no Dccc:leration <br />occurred; (b) cures Bny default of any other covenants or agreements; (el pays all e"'pcn5~ mcurred in enforcmg Ihis <br />Securitylnstrumenl, including. bUI not limited to, reasonable attorneys' fee!.; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. lender's nghts in Ihe Property and Borrower's <br />obliptlon 10 pay the sums secured by this Security Instrument shall continue unchangrd. Upon reinstatement by <br />Borrower. thiS Seeunl)' Instrument and the obhgations secured hercby shall remam fully effective as ifno Dccelerauon had <br />occurred. However. thl!!. nlhl 10 reinstate shall not apply in the CaR of accelerallon under pllragrDph~ I} or 17 <br />