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<br />200709181 <br /> <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee <br />title shaIl not merge unless Lender agrees to the merger in writing. <br /> <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 Property (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 Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to <br />make repairs. Although Lender may take action under this section, Lender does not have to do so. <br /> <br />Any amounts disbursed by Lender under this section shaIl become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shaIl bear <br />interest from the date of disbursement at the Note rate and shaIl be payable, with interest, upon notice from Lender <br />to Borrower requesting payment. <br /> <br />Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br />Security Instrument, Borrower shaIl 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 shaIl <br />pay the premiums required to obtain coverage substantiaIly equivalent to the mortgage insurance previously in <br />effect, at a cost substantiaIly equivalent to the cost to Borrower of the mortgage insurance previously in effect, <br />from an alternate mortgage insurer approved by Lender. If substantiaIly equivalent mortgage insurance coverage is <br />not available, Borrower shaIl pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br />insurance premium being paid by Borrower 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 tor the <br />period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. <br />Borrower shaIl 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 /> <br />Jnspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shaIl <br />'give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> <br />Condemnation. The proceeds of any award or claim tor 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 <br />assigned and shaIl be paid to Lender. <br /> <br />In the event of a total taking of the Property, the proceeds shaIl 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 shall be reduced by the amount of the proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, <br />divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to <br />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 /> <br />If the Property is abandoned by Borrower, or it: 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 within the minimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to coIlect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. <br /> <br /><tJ 2004-2007 Copyright Compliance Systems, Inc. 8C9C-5D90 - 2007.01.201 <br />Consumer Real Estate - Security Instrument Dt2036 <br /> <br />Page 4 of8 <br /> <br />www.compliancesysterns.com <br />800-968.8522. F.. 616-956-1868 <br />