Laserfiche WebLink
7. Protection of Lender's Rights in the Property. it Borrower fails to perform tne covenants and agreements <br /> contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as <br /> a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or reguiations), then Lender may do and pay for <br /> whztever is necessary to protect the value of the Property and Lenders rights M the Property. Lender's actions may inciude paying <br /> any sums secured by a lien which has priority over this Securiry Instrument, appearing in court, paying reasonable attomey's fees and <br /> entering on the Property to make repairs. Afthough Lender may take action under this paragraph 7, Lender does not have to do so. <br /> Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of BoROwer secured by this Securky <br /> Instrument. Unless Bonower and Lender agree to other terms of payment, these amounts shall bear interest from the date of <br /> disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borcower requesting payment. <br /> 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security <br /> instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage <br /> insurance coverage required by Lender Iapses or ceases to be in effect, Borrower shall pay the premiums requrced to obtain coverage <br /> substantially equivalent to the mortgage insurance previously in effect, at a cost substantialy equivalent to the cost to Borrower of the � <br /> mortgage insurance previously in effect, from an aRemate mortgage insurer approved by Lender. If substantiaily equivalent mo�tgage � <br /> insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage ' <br /> insurance premium being paid by Borrower when the insurence coverage lapsed or ceased to be in effect. Lender wfll accept, use and <br /> retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be requked, at the � <br /> option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer � <br /> approved by Lender again becomes avaiiabie and is obtalned. Bonower shell pay the premiums requMed to maintafi mortgage � <br /> insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends M accordance wfth any wrftten � <br /> agreement between Borrower and Lender or applicable law. � <br /> 9. inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give � <br /> Borrower notice at the time of or prior to an inspection specifying reasonab�e cause for the inspection. <br /> 10. Condemnation. The proceeds of any award or clalm for damages, direct or consequentfal, in connection with any <br /> condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assfgned and shall be <br /> paid to Lender. <br /> In the event of a total taking of the Property, the proceeds shall be app�led to the sums secured by thls Security Instrument, <br /> whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in whfch the fair market <br /> value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Securfty <br /> Instrument immediatey before the taking, unless BoROwer and Lender otherwise agree in wrfting, the sums secured by this Security <br /> Instrument shall be reduced by the amount of the proceeds muRiplied by the following fraction: (a) the total amount of the sums <br /> secured immediately before the taking, divided by (b) the fak market value of the Property immediately before the takfng. Any balance <br /> shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately <br /> before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise <br /> agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by thfs SecurRy <br /> Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or <br /> settle a claim for damages, Bonower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br /> to collect and apply the 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 /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the <br /> due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension or tne cime ror paymenc or <br /> modffication of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower <br /> shall not operate to release the liability of the original Borrower or BoROwer's successors in interest. Lender shall not be requfred to <br /> commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the <br /> sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in <br /> interest. Any forbearance by Lender in exercising any r'�ght or remedy shall not be a waNer of or preclude the exercise of any right or <br /> remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenancs and <br /> agreements of this Securky Instrument shall bind and benefit the successors end assigns of Lender and Borrower, subject to the <br /> provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. My Borrower who co-signs this Security <br /> Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant, and convey that <br /> Borrower's interest in the Property under the terms of this Securky Instrument; (b) is not personally obligated to pay the sums secured <br /> by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any <br /> accommodations with regard to terms of this Security Instrument or the Note without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured by this Securky Instrument is subject to a law which sets maximum loan charges, <br /> and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan <br /> exceed the permitted limits, then; (a) any such loan charges shall be reduced by the amount necessary to reduce the charge to the <br /> permitted limit; and (b) any sums already collected (rom Borrower which exceeded permitted IimRs will be refunded to Borrower. Lender <br /> may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a <br /> refund reduces principal, the reduction will be treated as a partial prepay�ent without any prepayment charge under the Note. <br /> 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing k by <br /> first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any <br /> other address Borrower desgnates by notice to Lender. Any not�ce to Lender shal� be given by first class mail to Lender's address <br /> stated herein or any other address Lender designates by notice to Borrower. Any notke provided for in this Security Instrument shall <br /> be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br /> 15. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law oi the <br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts <br /> with appl'�cable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br /> without the confl'�cting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br /> 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 17. Transfer of the Property or a Beneficial Interest in Borrower. ir an or any part or cne Property or any <br /> interest in it is sold or transierred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a naturai person) <br /> without Lender's prior written consent, Lender may, at its option, require immediate payment in fuli of all sums secured by this Securky <br /> Instrument. However, this option shall not be exercised by Lender 'rf exercise fs prohibited by federal Iaw as of the date of this Security <br /> Instrument. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br /> than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security <br /> Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br /> Security Instrument without further notice or demand on BOI70W@f. Form 3028 9/BO <br /> F1029.LM0 (t0/97) Pags 3 ot 5 <br /> 703 <br />