Laserfiche WebLink
<br />84 -004801 <br /> <br />r <br /> <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offen to <br />make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the nClticeis <br />given, Lender is authorized to collect and apply Ihe proceeds. at its option. either to restoration or repair of tM, Pi'opertyOT <br />to the sums secured by this Security Instr.ument. whether or not then due, <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall note;telld:OT <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount QI'SllCh~ts; <br />10. Borrower Not Rele$ed; Forbearance By Lender Not a WaiYer.. Extension of the time for~pr; <br />modificalion of amortization of the sums secured by this Security Instrument granted by Lender to anY ~uec~in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower'ss~'il!-i~ <br />Lender shall not be required 10 commence proceedings against any successor in interest or refusetoext~ti8'if"f\ir , <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reasonofany~~~! <br />by Ihe original Borrower or Borrower's suc~essors in interest. Any forbearance by Lender in exercl$ingcany rigl)Nlt;r~Y <br />shall not be a waiver of or preclude the exercise of any right or remedy, <br />11. Successors and Assigns Bound; Joint and Seyend Uabllity; Co-slgnml. The coyenantsand~IS.Of' <br />this SecurilY Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subjecttothepr~: <br />of paragraph 17, Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this StCurlty, <br />Instrument but does not exeCUle the NOle: (a) is co-signing Ihis Security Instrument only to mor:tgage,gtant ami convoy . <br />that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is not personallyobli811ti:dto.pay <br />the sums secured by Ihis Securily Instrument; and (c) agrees that Lender and any other Borrower may ag(eetoexten,d, <br />modify, forbear or mak.e any accommodations with regard to the terms of this Security Instrument or t/ll: NClte:withOllt. <br />that Borrower's consent, <br />12. Loan Charges. If the loan secured by this Secunty Instrument is subject to a law which sers maxi1numlo1in <br />charges, and Ihat law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge sha1lbe reduced by theantOlDlt <br />necessary to reduce the charge to Ihe permitted limit; and (b) any sums already collected from Borrower'wbich exceeded <br />pennmed limits wlil be refunded to Borrower, Lender may choose 10 make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund r>'duces principal, theredw;tion .will be.treatedas a <br />partial prepayment without any prepaymem charge under Ihe Note, <br />13. Legislation Affecting Lender's Rights. If ena.:!,. 'I '" exoiratlC>;: _'1' ~pplicable laws has theeKett of <br />rendering any provision of the Nore or this Security Instrument un"nforceable according to its terms, Lender, at itsoplioo, <br />may require immediate paymen! in full of all sums secured by this Security Instrument and mayinvolte any remedies <br />pennmed by paragraph 19, If Lender exercIses Ihis option, Lender shall-take the steps Specified in the second paragraph of <br />paragraph 17, <br />14, Notices. Any notice to Borrower proVIded for !D this Security Instrume,,:! shall be given by deliveringit~r by <br />maIling II by first class mall unl.:ss 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 mall to Lender's address stated herem or any other address Lender designates by notice to Borrower; Any nOlice <br />provided for m this Secumy Instrument shaH be deemed to have been given 10 Borrower or Lender when given as provided <br />In this paragraph, <br />IS. Governing Law: Severability. This Secumy Instrument shall be governed by federal law and Ihe law of the <br />Juris.d,cllon !ll which the Propeny IS located. In the event that any prOVIsion or clause of this Security Inslrument or the <br />Note conflicts wHh applicable law, such (,(:lOftiet shall nol affect other provisions of this Security Inslrument or Ihe Note <br />which can be gi"en dfect without the conihcllng pro\'1slon To thiS end the provisions of this Security Instrument and the <br />NOte are dedared EO be severable. <br />16. Borrower's Copy, Borrower shall be gIVen one conformed copy d the Note and of this Security Instrument, <br />Ii. Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any <br />interest in II is said or transferred {or If a benelic,al imerest in Borrower IS sold or transferred and Borrower is no! a natural <br />person) w\thout Lender's pnor wmten consent, Lender may, at Its option, require ImmedIate payment in full of all sums <br />secured by thIS Secumy Instrument. However, thIS opllon shaH not be exercised by Lender if exerc.se is prohibited by <br />federal law as of the date of thIS Secunty Instrument. <br />If Lender exerc.ses thIS optIOn, Lender shall give Borrower notice of accderation, The nOllce shall provide a period <br />of no! less than 30 days from the date the notice is delivered or maIled WIthin which Borrower musl pay all sums secured by <br />this Secunty lnstfurnent. If Borrower falls ~o pay the'"JC ~ums prier to rhe expiration of this period. Lender may invoke any <br />remedIes permined by thIS Security Instrument wHhout further notIce or demand on Borrower, <br />18. Borrower's Right to Reinstate, If Borrower meets ceflain condHlons, Borrower shall have the right 10 have <br />tnfon:e!!lent of this Security Instrument dl~onnnucd ::i{ :1ny time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may speCify for relllstatement) before ;;ale of the Property pursuam 10 any power of sale contalOed 10 thIS <br />Secumy instrument; or (b) enffY of a Judgment enforcmg InlS Security Instrument. Those conditions are that Borrower: <br />(al pays Lender all sums which [hen would be due under Ihls Security Instrument and the Note had no acceleration <br />occurred; ibl ,ures any default of .my <)ther covenants or agreements; (c) pays all e.\penses IIlcurred In enforclOg this <br />Secumy Ins,rumem, mcludlllg, but not iimllc-d to. reasonable attorneys' fees; and (d) take, such action as Lender may <br />reasonably reqUire to aSSMe that the lien of thos Secumy Instrument, Lender's fights III the Property and Borrowers <br />obliglluon to pay the sums secured by thJS SecurIty !n~!rument shall conHnue ~nchanged. Upon reulStarement by <br />Bo-rrower. thiS Secuflty Instrument and the Gbhgauons 'iecured hereby ':>hall rernal:O fully effective as If no ;'-H.::cderatlOo had <br />occurred. However. II11S nght to reinstate shall !lot apply m the case of acceieratlOll under paragraphs, J or 17 <br /> <br />NON.UNIFORM COVENANTS Borrower and Lender funher covenant and agree as follows: <br />19. AeeeierauOII; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any coveaant Or alP'"mellt in this Security Instrument (but not prior to acceleration under paragraphS 13 and 17 <br />wdesa appIlcable law provlde:s otherwise). The notice shall specify: ta) the default: fb) the action required to cure the <br />defllll1t; te) . datI!, not 1_ thII4 30 days from tbe date the notice is given to Borrower, by which the default must be cured; <br />... tel) that ftil_ to a!ft tile defllll1t on or before the date specified in the notice may result In accelention of the sums <br />~ by tIlla s..:urity IMtnlmeat and uIe of tile Property. The notice shall further inform Borrower of the right to <br />~ after acceleration u4 the rillbt to brina a court action to assert the non-existence of a default or any other <br />..,... of ~"ft to aecelerarion and sale. If tbe default is not cured on or before the date specified in tbe notice, Lender <br />lit it!! otltillll _, ~J... I~ payment in full of ail _ s<<IU'ed by this Sec\lrlty Instrument without further <br />.....lIlIli_y ila'f'Oile to power of sale and Uf otl\v remedies pennitted by llpplicable law, Lender shall be entitled 10 <br />coUect tit .x~ iJlmrred In p-.l1l8 tbe r~ provided in this JW'3lII"llplt 19, including, but not limited to. <br />~~liiiY.' r... ttms oidtke.,kiea:ee. <br />If the power of lIlIihl i. inoke1l. Tf'1IStft shall rKord a notlee of default in each county in wbicb allY part of the <br />Pt~ lsl_tad.lId UaiJ mall evptu of!llldJ lIotk:e in the _lIW' prescribed by applieablollaw t13 Bornn..r and Ie the <br />9ltle1 ~ iIf'I:1Cribed by llppUadlle law, After the time required by applit>il;k: la.., Trust<< iliall "he i",hUe ,,,..tice of <br />_ to tIM pe~ _in tbe _ pr<ncribed by lippilcable law, Trust",", ...ithout Ii_d 011 llol'ro..er. ,hall ,ell In. <br />