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<br />20070928& <br /> <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold ,Uld the fee <br />title shall not merge mlless Lender ab'Tees 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 bankmptcy, probate, for condemnation or forfeiture or to enforce laws or <br />reb'1llations), then Lender may do and pay lor 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 whieh has priority <br />oV(''I" 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 tillS section, Lender does not have to do so. <br /> <br />Any amOlUlts disbursed by Lender WIder this section shall become additional debt of Borrower secured by this <br />Security Instmment. Unless Borrow(,'I" and Lender agree to otht-'f terms of payment, these amounts shall bear <br />interest from the date of disbursement at the Note rate and shall be payable, with ink 'fest, upon notice from L(,'Ilck'f <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 Instmment, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. Jf, for <br />any reason, the mortgage inSUTiUlCe coverage required by Lender lapses or ceases to be in effect, Borrower shall <br />pay the premiums required to obtain COVL'fage substantially equivalent to the mortgage insurance previously in <br />effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, <br />from an alternate mortgage insurer approved by Lender. Ifsubst<Ultially equivalent mortgage insurance coverage is <br />not available, Borrower shall pay to Lender each montil a sum equal to one-twelfth of the yearly mortgage <br />insurance premium being paid by Borrow(,'I" Wh(,'ll the insurance cov(''I"age lapsed or ceased to be in elTect. 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 tlle option of Lendt-'f, if mortgage insurance COVL'fage (in the amount and lor the <br />period tilat Lender requires) provided by an insurer approved by Lenck'f again becomes available and is obtained. <br />Borrower shall pay the premiums rcquired 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 />,Uld Lender or Applicable Law. <br /> <br />Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <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 f()r damages, direct or consequ('11tial, 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 />assib'11ed and shall be paid to Lender. <br /> <br />In the event of a total taking of tile 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 of the <br />Property in which the fair market value of the Property immediately before the taking is equal to or b'1'eater 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 belore the taking, <br />divided by (b) the filir 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 nlir market value of the Property <br />immediately belore the taking is less than the amount of the sums secured immediately before the taking, unless <br />Borrowt-'I" and Lmder otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by tillS Security Instrument whether or not tile sums are then due. <br /> <br />Uthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor otTers to <br />make an award or settle a claim for damages, Borrower !ilils 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 collect and apply the <br />proceeds, at its option, eitiler to restoration or repair of the Property or to the sums secured by this Security <br />Instmment, whether or not then due. <br /> <br />() 2004-2007 Copyright. COTIlpli::Ulc~ Systrn:ns,lnc. 8C9C-F92A. 2007.01.201 <br />~~-'"''''...,-~''~-#- <br /> <br /> <br /> <br />x@J) <br /> <br />Page 401'8 <br /> <br />www.C(.JmphaI\ce::iY::itt~TIl::i.com <br />800-968-8522 - Fax 616.956.1868 <br />