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Home My WebLink About0679 - ~ . t. , ~ , Lender's wriiten a~reement or applicabk law. Borrower shall pay the amount of all mort~a~e insurance prcmiu~u in the maane~ provided unde~ ps~a~rapb 2 heroof. Any amount~ disbu~sed by I.ender punuant to tha puagraph 7, with intercst thereon, shall become additional in~iebtedness of Bo~Mwer securcd by this Mortgage. Unless Borrower and Lender agrce to ather terms of payment. such amounts shall be payable upoo notice trom I.ender to Borrowe~ requesting payment thereof, and shall bear interest from the date ot d~sbursement st the rate pay~bk trom time to time on a~tstanding principal under the Note uRless paymeat ot interest at:uch nte would be coe~trary to applicabk law, in which even~ such amounts shall bear interat at the hirhest nte permiuibk under applicable law. Nothi~g contaiaed in this paragraph 7 shall require Lende~ to iacur any eapetu~ or take any action hereunder. 6. latpectio~. Lender may make or cause to be made reasonable entries upon and inspections of the Property. Pmvided that l.ende~ shall give Borrower notice prior to any such inspectio~ spocifyina rcasonabk caux therefor related to Lender': interat in the Pmpecty. 9. Co~dewation. The proceeds of any award o~ claim for damages, direct or consequential, in conr~ection with any condemnation or other taking of the Property, or paA ~thereof, or for conveyancr in lieu of co~demoation, are hereby assigned and shall be paid to i.ender. In the event of a total taking of the Propeny. the prceeeds shall be aPplied to the sums ~ceured by this Mort~age. with the excess, ii any, paid to Borrovrer. In the event of a partial taking of the Property, unkst Bomower ~d I.ender otherwise agrce in writing. therc shall bt applied to the sums secured hy ~his Mortgage such proportion of the proceeds . as is equal to that propoRion which the amount ot the sums securcd by this Mortgage immtdiateiy prior to the dste of taking bean to the fair market value of the Property immcdiately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrowe~, or if, after nolice fiy Lender to Borrower_ that the oondeennor oRert to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice b mailed. Lender is ~uthorized to coilect and apply the proceeds, At Lender s option, either to restoraNon or repair of the ~ Propeny or to the sums sec~ed ~ this Mongagc. Unlas Leoder and Borrower otherwise agrce in v?riting. any such application of proceeds to principal shal) not extend or poupone the due date of the monthly installments rcferrcd to in paragraphs 1 and 2 heroof o~ change the amount of ~ s~ch installments. ~ ~ 10. eorrower Not Relessed. Exteosion of the ti~ne for payment or modification of amonization of the wms secured by this latortaage granted by Lender to any successor in interest of Borrower shall not operate to t~ekase, in any manntt. the liability of the original Borrower and Bc+rrower's successars in intercst. i_ender shall not be r+equircd to commenoe proceedings against such succ¢ssor or refuse to extend time for payment or othervvise modify amortiution of the sut~a secured hy ~his Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearaace by I.ernier Not a Wairer. Any fort~earance by I_ender in eaercising any right or remedy hereunder. or otherwix afCorded by applica6le law, shal: not be a waiver oi or preciude the eaercise of any such tight or remedy. The procurement of insurance~or ~he payment of taxes or other liens or charges by Leoder shall not be a waiver of I.ende~'s right to acceterate the maturity of the indebtedness cecured hy this Moctgage. , 12. Ren~cdks Camulatire. All remedies provided in this Mortgage arc distinct and cumulative to any other ri6ht or rcmedy under this Mortgage ar afforded by law or equity. and may be exercised concurnntly, independently or successively. 13. Socce~ors and Assigas Eouad; Joial and Seveiral i.iabNty; Csptioas. 'ifie covenants and asreements herein contained shall bind, and the rights hereunder shall inore to, the rapective successors aad assigns of Lender and Bormwer. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for ronvenience only and are not to be wed to interpret or define the provisions hereof. . 14. Notke. Eacept for any notice required under applicable law to be given in another manner, (a) any notice to Sorrower provi~ed for in this Mortgage shall be given by mailing such notice by certified mail addresscd to Bonower at the Property Address or at such aher addrcss as Borrower may des+gnate by no~ice to (~nder as provided herein, and (b) any notice to Lender shall t~e given by certified mail, retum receipt requested. to I.ender s address stated hercin or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to ha~•e bcen given to Borrawer or Lender when given in the manner daignated hercin. IS. Uaiform Mort~a~e; Go~ernin~ i.nw; Severab8it,r. This form of mortgage combina uniform covenants for national j use and non-uniform covenants with limited variations by jurisdicti~n to constitute a uniform socurity ir.strument covering ~ rea) property. This Mortgage shall be governed hy the law• of the jurisdiction in which the Property is located. 1n the ' event that any pybvision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not atfect i otixr provisions of this Mortgage or the T~ote which can be given effect without the conflicting provision, and to this ! end tlx provisions of the Mortgage and the Note are declared to be severable_ f 16. dorrower's Copy. Borrower sfiall t?e furnished a conformed copy of the Note and of this Mortgage at tlx time ~ of execution or after recordation hereof. i 17. Traasfer of t6e Property: Assumption. If all or any part of the Property or an interest therein is sold or transferred ¢ by Bor~ower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to ~ this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise. ~ dcscent or by operation of law upon the dcath of a joint tenant or (d? the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be ~ ~mmediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender ~ and the person M whom the Property is to be wld or transferred reach.agreement in writing ihat the credit of such person is satisfactory to IxnJer and that the interest payable on the sums secured by this Mortgage shall be at such rate- as Lender ~ shall tequest. If Lender has waived the option to accelerate provided in ihis paragraph 17, and if Borrower's successor in ; interest has executed a written auumption agreement accepted in writing by Leoder, I_ender shall release Borcower irom all ' obligations under this Moitgage and the Note. ~ If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with ' paragnph 14 hereof. Such notice shall provide a pericxl of not less than 30 days from the date the notice is mailed within ~ which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to tne expiration of such period. ~ Ltnder may, without further ~otice or demand on E3orrower, invoke any remedies permitted by paragraph 18 hereof. ~ Nox-UN~FORtit CovEHerrrs. Borrower and Lender further covenant and agree as follows: s ~ ls. Accekratio~; Ranedks. Ezcept as pro~ided ie p~ngraph 1'f hereof, opa Dorrower's breae6 of awy covea~t or : agreemeet of Sorrower h tLis Mortaa~e, ioclodiei tiie covea~ab to p~y w6e~ d~e aay soms secared by t6is Mor1~e, Iaeder t prior to acccientba sba~ ma~ ootke to Eorrower a~ provided ia p~n~rap6 14 ~ specit~: (1) tbe bresc~; (2) tbe aclioi K rtqolr~ed to core socti 6reacb; (3) a date, sot las tMan 36 dars from tbe date tbe aotlce M~ to Borrower, by w~ic6 wcL G ~ brsscl~ so~t be cnsed: ad (4) that hitore to cure soch brescb oa or betore tl~e date qeeiBed ~ the ootke mq ra~lt b aeederatioo of tie soees aecnred by tl~ 1Vlartsa~e. foreclosure by jodkial'rocs~dia~ a~d s~le ot tbe hupertr. 'Itie ~otice ~ sbaB fartl~er iatorm Dorrower d tbe ri~Mt to reiadate dtEr sccekndo~ a¦d We ri~Yt b arert i~ tl~e fo~eciosore woeeedi~ ~ tbe oos-e:Weoce d a detaok or my otber deEeau ot Eorrower to ~ccekntlo~ ana fortclowre. It the breacM b not c~+ea a~ ~ or bdore t6e dste speclSed io t~e ~otlce, Lesder at Le~de~'s optbn may declare a~ o[ t6e saar sa~rd by tYM Mort;a~e b 6e ~ im~aedytdy d~e P~yabk w&bo~t tart~er dcmaad ~wd may toreclose trls M~e 6p Jrdkid N~oce~at. I.e~der ~ai ~ b~eedtled to coYeet ia sacb prncadie~ d e:pe~s of foreciosore. irtclu~. b~t ~ot iimitea to, rwuosbk dtor~e~'s tea, 4 sad cosb a~docoiscatary erideece, absirscb aea Wk reporb. ~ 19. sorrowers Ri`bt So Re~tste. Notwithstanding Lender s acceleration of the sums securcd by this Mort~age. ~ Borrower shall have.the right to have any proceedings hegun by Lender to enforce this Mortgage discontinued at any time J