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HomeMy WebLinkAbout0656 ~C-~. a...'~~~ ,~.,"iJ4.':i •.~lAF:~;i~ ~.G`vi• S~~f.h .;:.~/~r~. !i.. ~jt~.??~.t''~ ~ `~`'~~'ir:~f~~~_J~ . -._~~in ._t.r r ~ • ~ . '1Tpria i.et~der's writtrn ssrecmeat or applic~bk Itw, Bortower thall pay the smount ot all mort`aac insutance pnmium: in the ~ manne~ provided under p~naraph 2 hereof. ~ Any snwunts disbuaed by l.ender purswnt to this paragraph wi~h intercst theteon, shall become additianal i~deb~edness of Uorrower secured by this Monga~e. Unlest Borrowe~ and Lendet s~rce to o(her tertas ot payment, such amounts thall be psysble upcm notice f~om Lender Io Borrowe~ roqt~estit~g payment thereof. snd shall bear interest trom the date of disbursement at thc rste payabk trom time ta timo on out:tandiog pri~cipal under the Note uekss p~yment oi. - tatercst at :uch rate would be sontary to applicsbk law. in which evtnt wch amounts shall beu interest ~t tbc highest rate penr~issibk uede~ applicabk law. Nothin6 eontained in this psng~aph 7~ail requiro Lende~ to incu~ any ea~pense or take , any action hereundet. J - a. ` Iwtpceflo~. Lender may make or ca~~se to be made roaconabk entries upon and inspections of the Propeny. provided . that Lende~ shalt give Borrower notice prior to any auch inspection specifyina nasonabb cause therc[o~ related to Lender's inle~est in the P~opeAy. , - 9 Coade~natbe. The proceeds of any awsrd or claim for damases. diroct or eonsequential. in connection with any candem~ata~ or dher taking of the-Property. or part thercof. or to~ conveyance in lieu of condemnatioo. ue hereby assigned a~d shatl bo pa~d to Lender. - - . In the event o[ a total taking of the Propeny. tfie procceds shall be applied to the sums secured by this Mortgage. with the exeGa. if any. paid to Borrower. in the event of a partial taking of the Propeny, unkss Borrower a~d Lender : otherw~se agree i~ writing. therc shall be applied to the :ums secured by this Mortgage sucfi proportion of ihe proceeds as is equal to that proportion which the amouM of the sums xcurcd by this Mortgage immediately prio~ to the date of ~~lp8 b~~n to the fair market value of the Prope~ty immediatety prior ro the date of taking, with the bslanca of the proceeds paid to Bon~ow~er. ~ ~ If the Property is abandoeed by Harrower. or if, after notice by Lende~ to Bomower that the condeennor otfers to make an sward or settk a claim for damaga, Bonower fails to rcspond to Lender within 30 days after the date such notice is ~ mailed. Lender is suthorized to oolkct and apply the proceeds, at Lende~'s optian. eith~ to ratontion or repair of the Propeny or to the sums secured.by this Mort~e. _ Unlas Lende~ and Borrower othen~ris~ agree in writing, any such application of proceeds to principal shail nof extend . or postpor~e the due date of the monthly instaltme~ts referned to in parasn~hs 1 and 2 henof or change the amount of ~ such installments. _ - ~A. lbrwwer Not Rekased. Exte~s;on of the time for payment or modifkation of unohization of the sums secured by this Mortgage granted by Lender to any succesmr in i~terest of Borruwer shsll not operate to rek~e. in any manner. p the liability of the original Borrower and Borrower's succeuors in interest. Le~der shall not be requircd to. comnxnce proeeedings agair~st such wocessor or refuse to eatend time for payment or .otherwise modify amortization_ of the sums secured by this MoAgage by teasoo of any demand made by the original Borrower and Borrower's succason in intersst. t~ lI. Forieatapce bp i,e~der Not a Wairer. Any [otbearanct by Lender in exercising any right or remedy hercunder, or othenvese -alforded by applicabk ~aw, shall not be a waiver of or prccludt the exercise of_ any such right or remedy. '17~e procurcment of jnsurar~oe or the payment of taxa or other licns or charges by Lender shai! not be a waiver of Lendet's right to acoekrate the maturity of the indebtednas secured hy this Mortgage. . f2. Rew~edies Cwe~~li~a Al~ renudia p~ovided in this Mortgage are distinct and. cnmulative to any other right or - remady und~r this Mortgage or aRorded by law or equity. and it~ay be exercised concurnently. independendy or successively. , 13- Saceessa's aad Asei~ Boo~d; Jdat aoa Sereral i.iab~ty; Captbns. Tl~e coveoants and agrcements herein j oontaiaed shall bind. aod the rigfib hereunder shall inure to. the rapective succtssors and assigns of Lender and Borrovrer. ~ su6ject to the provisioas of pangraph 17 hercof. All covenaiits aad ~ agrrements of Borrower shall be jant and several. The captio~u and headings of the, puaaraphs of this Mortgage an for convenience onty and are not W be used to ' interpret ~ deline the prorisions htc+eof. . ~ - 1~. Notice Facoept for any notice required under applicabk law to be given i~ another manner. (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by ceni6ed mail addressed to Borrow~er at - t"~e Property Address or at such dher addras as Bwrower may designate by no~ioe to Ce~der as pr+ovided hereip. and ~ (b) any notice to Gender shall be given-by cenified mail, retum receipt requested. to I.ende~'s address stated hercin or to f wch other address as L.ender may daignate by notice to Borrower as provided henin. Any notice prnvided [or in this , Mortgage shal! be deemed to have been given to Borrower or Lender when given in the manner dtsignated henin. ~ ~ iS. Uwitorm llsorfgase; Gonm~ I,~w; Sevc~abiUly. This form of mortgage combina uoiform rnvenants for national ~ iue and non-uniform ooveoants with limited variations by jurisdiction to constitute a unifornn security i~utrument covering ~ reat property. This Mortgage shall be governed by ihe law of the jurisdiction in which the Property is located. 1n t6e E event that any provision or clause of this Mortgage or the Note conflicts with applicabk law. such conflict shall not aftect oilm p~m?isioos of this Mortgage or the Note which can - be given effect without ihe confliqiog. provision. and to this ~ end the provisions of the Mortga~e and the Note are cieclarod to be sevaabta ~ ' i~. Borrowers Copy. Borrower ahall be furnished a conformed copy of the Note and of this Mortgage at the time ~ of ea~ceWion or after rocordatiai hereof. ~ [ 17. T~a~ster of t6e pmperty; A~ptton. If all or any part of the Property or an interest tlKrein is sold or transferrcd ~ by Borrower without Lender's prior written consent, excfuding (a) the enation of a lien or encumbnnoe subordinate to F this Mortgage. (b) the cr~eation of a purchase money security interat for household appliances. (e) a tnnsfer by deviu. ~ desce~t or by opention of )aw upon the death of a joint t~nant or (d) the grant of any kasehold intercst of three years or tess not containing an option to purchase. Lender may. at Lender's option. declarc all ihe sums secured by this Mortgagt to be • ~ immediately due and payable. Lender shall have waived such option to arcelerate if, prior to the sak or transfer, L~nder ~ and the person to whom the Property is to be sold or transferrtd resch agreement in writing thai_jhe crtdit of such person is utisfactory to Lender and that ihe interat payabk on the sums secured by this Mortgage shall be at such._rata as Lcnder ~ shati roqvest, if Lender has waived the option to aceekrate provided in this paragraph 17,"and if Borrower'a soccessor in interest has exxuted a written a~umption agreement aocepted in writing by Lender, Lender shal) rekue Borrower from all obligatia~s under this Mortgage and the Note. ff Lender exercises such option to accelerate, Lender shall mait Borrow~er notice of accekration in accordance w•ith pacagnph 14 herrof. Such notice shall provide a period of not less than 30 days lrom ihe date the notice is mailed anthit~ € which Borrower may pay the sums dectared doe. Tf Borrow~er faits to pay such sums prior to the expiration of such period. Lender may, without further notice or demand on Borrower, invoke an~ remedia permitteci by paragraph 18 hereof. NON-UAIIFORM COVENANTS. Bonower and~Lender further cavenant and agree as foUows: 18. Aecderatlon; Remedks, Faccepf as provided ia psragnpb 17 hereof. npon Borrowe~'s breacb .of aay co~enant or agreemeat ot Borwwer in this MorigAge, iatludtng t6e coa•enaMs to pay wben due any sems secorcd 6y this Moctgsge. i.cnder prior to acedention sbnli mail notke to Borrowe~ as pro~~ided in parasoph i4 hercof specifylnS: (1) the breach; the action requjred to cure snch breacb; (3) a date, not less Iban 30 days iroae ihe dste ihe ootice is aaikd to Borrower, 6~ which such , breac6 must be cared: aod tbat [silure to care wcb breac6 on or before Ihe dNe specified ia the notke awy raalt ia r Keekrat~on of the son~s secured by th~ Mortgsge, focrclosnre by jadieisl proceedla~ and sak of the Property. The notice . sb~! inrther intorm Borrorr~r oi tde risht to reinstste after accele~ation and the righf to awert in the fereclos~re pmceedfag ~ 1he noa-e:istesce of a defauit ar any Ml~er defe~e of Borrow•er to aecckralion and foreclocure. If the 6reaeh is aot enred on i , or before tbe dak speeified in the ootke. Lender nt Lende~'s option iaay declsre aU of the mms secnred 6y this 1ltortgage to be ~ itnmediately dne aad payabk without lorther demand aad may foreclose this Mo~lgage by judicial procec~. Leader sh~ll 6e entitled to coikct in wch ~roceeding all tzpe~ses of foreclosarc. inctudia=, but aot It~ited to, reasonabk sttorae~'s fees. aad eosts of doc~meahry e~ideace, abstraMs aad title reports. 19• Botrower's Ri~ht to Reiestate. Notwithstanding Lenckr s accele~ation of lhe sums secured by ihis Mortgage. Borrower shall have the right to have any proceedings hegun by Lende~ to enforce this Mortgage,~scontinued at any time . f~262 ~ G~ . ~ - ~ -