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200705511
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6/29/2007 4:47:16 PM
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6/29/2007 4:47:14 PM
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200705511
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<br />200705511 <br /> <br /> <br />9. Protection of LeIlder's Interest in the Property and Rights Undu this Security Instrumcnt. If <br />(a) Borrower fails to perfonnthe covenants andagreemehts contained in this Secutity Instrument , (b) there <br />is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under <br />this Security Instrument (such as a proceeding in bankruptcy, probate, for condemna.tionorforfeiture, for <br />enforcement of a lien which may attain priority over this Security Inst11lmentortoenforce laws or <br />regulations), or (c) Borrower has abandoned the Property ,thenLender may do and pay for whatever is <br />reasonable or appropriate to protect Lender's interest in the Property and rights under this Security <br />Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing <br />the Property. Lender's actions can include, but are not limited to: (a) paying any .sums secured by alien <br />which has priority over this Security Instrument; (b) appearing in court; and (c}paying reasonable <br />attorneys' fees to protect its intereSt in the Property and/or rights under this Seeurity Inst11lment, including <br />its secured position in a bankruptcy proceeding. Securing the Property includes, but is not Iimited to, <br />entering the Property to make repairs, change locks, replaceorboardupdoorsand windows, drain water <br />from pipes,eliminate. building. or other code violations or dangerous. conditions ,and have utilities turned <br />on or off. Although Lendermay take action under this Section 9,Lender does not have to do so and is not <br />under any duty or obligation to do so. It is agreed that Lender incurs nO liability for not taking any or all <br />actions authoriied. under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of BOITower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, BorrOWer shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. MortgageInsurance, If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, <br />the Mortgage Insurance coverage required by Lender ceaseS to be available fromtheinortgage insurer that <br />previously provided such iI1suranceand BorrOWer was . required. to make . separately designated payments <br />toward . the. premiums for. Mortgage .. Insurance, Borrower shall pay the premiums . required .. to obtain <br />coverage substantially equivaleilt to the Mortgage Insurance previously in effect, at a COst substantially <br />equivalent to the cost to Borrower of the MOrtgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. If substailtially equivalent Mortgage Insurance coverage is not <br />available, Borrower shall cOiltinue to pay to Lender the amount of the separately designated payments that <br />were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non~refundable lossresetVe in lieu of Mortgage Insurance. Such loss reserve shall be <br />non-refundable, notwithstanding the fact that the Loan is uItimately paid in full,. and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve. payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires <br />separately designated payments toward the premiums for Mortgage Insurance; If Lenderrequired Mortgage <br />Insurance as a condition of making the Loan aildBOrrower was required to tna1ceseparately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shalL pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide . a non-refundable loss . reserve, until.. Lender's <br />requirement for Mortgage Insutance eilds in accordance with any written agreementhetweenBorrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />SectionJO affects BOITower's obligation to pay interestat the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity tMtpurchases the Note) for certain losses it <br />may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. .. .... ...... . . . .. ... . . .. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may <br />eI1terinto agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on tertnsand conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. Theseagreemeilts may reqUire the mortgage insurer to make payments using any soUrce <br />of funds that the mortgage insurerinay have available (whiCh may include funds obtained from Mortgage <br />Insurance premiums). <br /> <br />. -6(NE) (0407).02 <br />@ <br /> <br />Initisla' s..O <br />- <br /> <br />07-046945 <br /> <br />Psga8of15 <br /> <br />~ <br /> <br />Form 3028 1f01 <br />
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