|
- �
<br /> ,--.,
<br /> I �, . , __ —
<br /> i
<br /> � � � , .
<br /> l ��?... 1(�nBrJb _ _
<br /> l3. I.nAn�hurg�. If thc loan sccurcd by this Sccurity lnstrumcnt is subject to a law which scts maximum loan _
<br /> � ch:arges, and th:►t law is Cinally in[crprcted so that thc interest or othcr loan chatges cullcctcd or to bc collccted in _
<br /> ronnection with the loan exceed the permitted limits, then: (a) miy such loan chazge shall bc reduced by the arnount __
<br /> � necessary to reduce the charge ta the permitted limit;and(b)any sums alrcady collected from Borrower which exceeded
<br /> . �crmitted limits wlll be rclundcd to Borrawcr. l.endcr may choosc to makc this refund by rcducing the principai awed
<br /> , uneter the Note or by making a direct paymen�to 8orrower. If a refund reduces principal,the reduction will be ueated as a _- �_ _
<br /> � partid prepayment wi[hou[any prcpaymcnt charge undcr the Note. -
<br /> ! 14. Notices. Any notice ta Borrower provided for in this Securi[y Instrument shaU be given by delivering It or by
<br /> • , mailing it by first class mail unless applicable law requires use af anothcr methad. The notice shall be direcicd to thc _
<br /> ' Property Address or uny other uddress Bonower designates by notice to Lender. Any notice ta Lender shall be given by
<br /> � first class mail to Lender's address stated herein or any other address Lender designates by notice to Bonower. Any notice
<br /> provided for in this Security Instrument shall be decmed to have becn given to Bonower or Lender when given as provided in —
<br /> I �hi s paragraph.
<br /> 1 S, Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
<br /> jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or rhe
<br /> • I Note conflicts with applicable law,such conflict shall not affect other provisions of this Securiry Insttument or the Note
<br /> ; wt�ich can be given effect without the conf7icting provision. To this end the provisions of this Sr,curity Instrument and the
<br /> ; ; Note are declared to�s severable.
<br /> ; l6. Horrower's Copy. Borrower shall be given one confortned copy of the Note and of this Security Instrument.
<br /> 17. Transfer of the Property or a BeuetictAl Interest in Borrowcr. If all or aay part of the Properry or any
<br /> r i interest in it is sold or transferred (or if a beneficial interest in Bonower is sold or transferred and Bonower is not a -
<br /> � naturnl person)without I.ender's prior�vrttten consent,Lender may,at its opcion,require immediate payment in full of all
<br /> � su rns secured by this Security Ins[rument. However,this opcion shall not be exercised by L.ender if exercise is prohibited by
<br /> � Federal law as af the date of this Security lnstrument.
<br /> If Lender exercises this op[ion,Lender shall give Aorrower notice of acceleration. The notice shall provide aperiod of
<br /> � not�ss than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
<br /> �y ih is Security Instrument. If Bonower fails to pay thesc sums prior to the expiration of this period,Lendcr may invoke any
<br /> • , rernedies permitted by this Security Inslrument wl[hout further notice or demand on Bor�ower.
<br /> ' 18. Borrower's Right to Reinstnte. If Bonower mee:s certain condttions, Borrower sitall have the right to have
<br /> � : I ei�forcement of this Security Instrument discontinued at any time prior to the earlier of: (a)5 days(or such otherperiod as
<br /> applicable law may specify for reinstatement) before sale of the Propeny pursuant to any power of sale contained in this
<br /> - s � securicy Inscrumenc;or(bj emry of a juJgrurui nuf���iug tt�is Security Instrumcnt. Thasc conditians sze thas BQnowpe(a) _
<br /> ? 1 pays L.ender all sums which ihen would be due under this Security Instrument and the Note as if no acceleration had -
<br /> ti � occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this _
<br /> ° 1 Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may �_�_
<br /> ' � � reasonably require to assure that the lien of this Security Instrumene, Lendcr's rtghts in the Properry and Borrower's ����;
<br /> � Iobligation to pay the sums secured by [his Security Instrument shall continue unchanged. Upon reinstatement by ����_
<br /> I Bortower, this Securiry Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had --=,�- '
<br /> occun ed. Howevcr,this right to reinstate shall not apply in the case of acceleratlon under paragraph 17.
<br /> ^ � 19. Sale of Note; Change of I.oan Servlcer. The Note or a partial interest tn the Nate(together with this Securlty
<br /> i Insirument)may be sold one or more times without prior notice to Bonower. A sale may result in a change in the entity '
<br /> �. (known as the "Loan Servicer') that collects monthly pay�nents due under the Note and this Secudty Instrument. 'fhere ��,,,_
<br /> � � al so may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change otthe Loan - --
<br /> .�I S�rvicer, Bonower will be given written notice of the change in accordance with paragraph 14 above and applicable law. '�'=
<br /> ��.-�
<br /> �i Tl�c notice will state the name and address of the nzw L.oan Servicer and the address to which payments should be made. E,t�,t
<br /> !I Tl�e notice will also contain any other information required by applicable law. f • _
<br /> 20. Hazardous Substances. Barrower shall not cause or permit the presence,use,disposal, storage,or release of ____,
<br /> ; ;I any Hazardous Substances on or in the Propeny. 8onower shall not do,nor allow anyone else to do,anything affecting �`'�`�""
<br /> ttie Propeny that is in violation of any Enviromnental Law. The preceding two sentences shall not apply to the presence,
<br /> �• � ! usc,or srorage on thc Property of small quantities of Hazardous Substances that are gencrally reco�nized to be appropriate to `:��..,�,�
<br /> � normal residential uses and to maintenance of the Propeny. �`='�-°"��`'- W
<br /> + Borrowcr shall promptly bive I.ender written notice of eny investigation,claim,demand, lawsuit or other actlon by °,:_�.�
<br /> � aa�y governmental or regulatory agency or private pnrty involving the Property and any Hazardous Substance or �.,;�;;;. .�' ,.��.
<br /> •i Environmental Law of which Borrower has actual knowledgc. If Borrower learns,or is notified by any governmental or °•-
<br /> � regulatory authority,that any removal or other rcmcdiation of any H�zardous Substance affecting the Propeny ls neccssary, ;;� '�"`
<br /> ; Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. . �:c; : ,,., .
<br /> As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by
<br /> Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products,toxic "
<br /> pesticides and herbicides, volatile solvents,materials containin�asbestos or formaldehyde, and radioactive maierials, As
<br /> ! u s�d in this paragraph 20, "Environmental Law" mcans federal laws and laws of the jurisdiction where the Property is
<br /> � Iocated that rclatc to health,safcty or environmental protection.
<br /> � NON-UNIFORM COVENANTS, Boaowcr and L.ender further covenant and agrce as follo�vs:
<br /> 21. Acceleratton; Remedies. Lender shall g(ve notice to Borrower prlor!o accelerntion fopowing Borro�ver's
<br /> breuch of any covenant or agreement in this Security Instrument(but not prior to acceleratIon under paragraph 17 I
<br /> � unless appltcable lnw provfdes otherwise). The notice shall speciTy: (n)the default;(b)the action required to cure
<br /> t he default;(c)a d�te,not Icss thun 30 days f'ron►the date the nottce ts given to Borrower,by which the default must be
<br /> c ured;und d)that failurc to cure the default on or before the date specified in tF�e noticc may result in accele►�tfon of
<br />_ t he sums secured by this Security Instrument und sale of the I'roperty. The notice shall further inform Borro�ser of
<br /> t he right to retnstatc aftcr»cceleratiun und thc right to bHn�a court action to ussert thc non-existence oi a deiuuit or -
<br /> any other defense of Borrower to acceleration and sale. If the defat►It Is not cured on or before the dute specifted in
<br /> t6c notice, Lender ut its optton may require immediute p�yment in full of all sums secured by thls Security
<br /> , i nstrumcnt �r•ithout fuMhcr demand und muy invokc thc power of sale und any other remedies permittcd by
<br /> �applicable lu�v. I,ender snall be entitled tu coll��rt i►I!expenscs inrurred in pursuing the remedtes provided in this
<br /> puru�ruph Z1, inrludtn�;. but nut Itmtted to. re,►sonable atturneys'fees and costs of title eviden�ce. �
<br /> I
<br /> FutmJ02R 9�90 q•��ArJ�q Sp,igrU
<br /> w � � i
<br /> �1_ . __. ..___. _ _ -
<br />
|