HomeMy WebLinkAbout0995 agreement or applicable la~. Borrower ~hall pay the amouat o[ alt mort~ge inwn~ce premiuras in the ma~net provided
unde~ paagraph t hereot.
AnY amouots d'?sbuned by Lender punua~t to this puagiaph 7. with interat thercon. ~hall becwne additional in-
debtrdneu ot Borrower securect bY this Mottgaqe. Untess Borrower and Le~der agree co other ternu o[ parnent. such
amounts shall be payable upon ~~otice Irom Lendcr to Bortower requatinq pay~aent ~hercot, and shall bear intercst troa~
the date of disbursement at che rate payable tram time to timc on outstanding principal under the Note unlcu payment
o[ iate~t+t at such tate would bc contrary to applicablc la~v. in which e~cenf such amounu ahatl bear inttrest at tfie higbat .
ratc ptrmissible under applicable law. Nothing conuined in this paragraph 9 shall require Lcnder to i~cuc anY expense o~
ake any action hereunder. •
S. Ia~pc~ctioa. Ler~der maY make or cause to be made reasonable entries upon and inspections ot the Propeny. pro-
vided that I.e~der shatl give Aorrowrer noticc prior to any wch inspection speci[riog reawnable uux therefor rdated to
Lender's interest in the Property.
9. Coadamattoa• The ptoceeds o[ any award or daim tor damages, dircct or mnscquential, in co~nection ~?ith anr •
condemnation or other uking o( the Property. or part thereof. or [or conveyance in lieu of condemnation, are hereby as-
signed and shall be paid to Lender. . .
ln the event of a totaf taking oi the Propetty. the proceeds sfiall be applied to the sums secured by this Mortgaqe.
with the exceu, it anY. paid to Borrower. In the cvtnt ot a partial taking o[ the Property, unless Borwwer and Lender
otherwise aRree iri writing. there shall be applied to the sums secured by chis Mortgage such proportion of the procecds
a~ is equal to that proportion which the amount o( the sums securcd by this Mortgage immediacely prior to the date ot
taking beus to the tair snuket value o( che PropertY immcdiately prior to the date of uking. Mrith che balance oE the pro-
cetds paid to Borro~ver.
lf the Property is abandoncd by Borrower. or if, atter nocice by Lender to Borrower that che rnndemnor o((ers to
make an awud or xtde a claim Eor damages. $orrowet iails to respond to Lender within 30 da~s atter the date such notice
is mailcd. Lender is au~ori:ed to collect and app{y the proceeds, at l.ender's option, either to ratoration or npair of the
Propeny or to che sums secured by chu Mortgage.
Unless Lender and Borrawer otherwise agree in writing, any such appliation of proceeds to principal shall not extend
or postpone tht due date of tlrt monchiy insUllments referred to in puagnphs 1 and 2 hereof or change the amount o[
such instaWnenu.
10. Borro~+er Not Rekased. Extension o[ the time tor payment or moditiaeion of amorti:ation ot the sums savred
by this \tortgage gnnted br Lender to any suatssor in intetest of Borrower shall not operate to rel~ase, in any manner,
the liability oE the original Botrower and Borrower s successon in inttrest. I.ender shall not be required to tommence
praeediogs against wch wccessor or rtiust to extend time for payment or otherwise modily amortizatian of the sums sa
cured by this ~iottgaRe br reason ot any demand made by the original Borrower and Borrower's successors in intettst.
11. Forbear~nee br I.rndet Not a Wairer. Anr [orbeannce by I.ender in exercising any right or rtmtdp hertundtr.
or otherwise afEotded by appliqble law, shall not be a waivt~ of or predude th~ e~cettise of any such right or rrmedy. The
procurrment ot insunnce or the payment of taxes or other liens or charqes by Leoder shall not be a wai~•er o[ Lender's
riRht to accelerate the maturity ~f th~ indebtedness secured bp this 1?iortgaqe.
12. Remedies (~mulatife. All remedies provided in this ~tortgage are distinct and cumulati~~e to any other riqht or
remed~ under this ~tortqage or atforded by law or equitp, and may be exercised concurrently, independently or successively.
13. Succeseors and Aiagns Bound; joiat and Sereral Liabiliq; Captions. "The co~enants and apreemenb her~in
contained shall bind, and the rights hereunder shall inure to, the respecti~e successon and assigns o[ I.ender and Borrower.
subject to the provisions of paragraph 17 hereof. All m~•erunu and agreements of Borrower shall be joint and sevetal. The
captions and headings ot tht paragnPhs ot this 11longagt are tor com•enienct only and are not to be used to interpret or
define the provisioos hereoL
' 14. Notice. Except for any notict required under applicable law to be gi~~en in another manner, (a) any notice to
j BorroNer pro~ided for in this rtaregage shall be given by mailing wch notice by certified mail addressed to Borrowes at
the Propetty Addras or at wch other addreu u Borroxer mar designate by notice to Lender as pro~ided herein, and (b)
~ any notice to Ltnder shall be gir•en by certiLitd una'sl, return rec~ipt requested, eo Lmder s address stated herein or to such
other addrtu as Lender mzy designate by notice to Borro~ver as provided herein. Any notice provided [or in this \tongage i
I'~ shall be deemed to have been given to Borrower or Lender when giren in the manner daignated herein.~ 's
~ 15. Unitorm Mortgage; Go~erning I.aw; Se~enbilitp. This form o[ mortgage combines unitorm to~•enancs for na- ~
tional usr and non-uniform rn~-enanu with limited variations by jurisdiction to constitute a unitorm securitp instrument ~
j to~•erinq real propetty. This Morcgage shill be governed by etie law oi tht jurisdiction in which the Property is louted.
In the event that any provision or dause o( this lfortgage or che :~ote contlicts Mith applicable law, such con[lict shall not ~
af[ect other pro~uions ot this ~fortgaqe or the Note which can be gi~•en e([ect aithout the conflictinR pro~•ision, and to !
~ this end the provisions of the ~fortgaqe and the Note are dedared to be stvenble. `
I~ 16. gorro.~rer's Copy. Borrower shall be (urnished a conformed copy of tht 1\ote and of this ~fortqaqe at the timt
of execution or afte~ mordacion hereof.
~ 17, 'Transfer of the Propert~r; Aseumption. If all or any part of th~ Prop~rty or an interest therein is sold or trans ~
fened by Borrower xithout Lenders prior rvritten conxnt. t~ccluding (a) the creation of a lien or encumbra~ce subordinate t
I to this ~iortqage. (b) the crtation of a purchase money security interest for household aPpliances. (c) a transfer by de~ist,
i descent or by operati~n of law upon thc death of a joint tenant or (d) the ~nt of an~• (easehold ineeres[ of three yean or
( less not containing an option to purchase, i.endet may, at Lender
s option, decjare all thc sums xcured by this ~fortgage to
be immedi~tdy due and pay~bla I.ender shall have waived such option to accelerate if, prior to the sale or transEer, Lender
j and the penon to whom the Property is to be snld or transferred reach agreemrnt in writing that the cr:dit of such person
is satistactory to I.ender and that tht interest pa}•able on the sums secured br this'~tortqaRe shall be at such rate as Lender '
; shall requesG ]f Lender has rvaived the option to accelerate provided in ehis paragraph 17, and it Borrower's successor in
interest hu txecuted a written assumption aRreement accepted in writing b) Lender. I.ender shall release Borrower irom
all obligations under this Atortgage and the 1\ote.
' If i.ender ex~rcises such option to acceleratt. Ltndet shall mail Borrower notice of acceleration in accordance with
' paragraph l~ hereot. Such notice shall pmvide a period 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 wms prior to the expiration of such period.
I.ender may, without further notice or demand on Borrower. invoke any rewedies permitted by paraqtaph 18 hereof.
I~Oi~-UNIFORN Cov~x~xrs. Borrowrer and I.ender Eureher mvenant and agree as (oUows:
~
18. Aarlmtion; Remedies Fa~cept as prorided in paragraph 17 I~ereot. upon Borrower's brac~ of any co.enant or ~
agrcemmt o[ Borrower in this Mostgage. induding the covtnanu to par ~rhrn due aay sums secured by this Mortgage. ~
Lenda prior to aaekration ahall mail dotice to Borro+rer as prorided in para6r+ph 1~ hereot :}xcitring: (1) the bnach;
the action nquired eo e~ue wch brtach: (3) s daee. not leu than 30 days (mm t6e date the notice is mailed [o Borrawv.
bp ~rl~ich such breach mwt be ewed; and that [aiture to cure wch breuh on or before t6e date speci[itd in tbe notice ma~
resutt in a«elaation o[ the suma secured bT this Mo~egage, toreciowre by judiciaf proceeding wd saie oE tbe Properq. 'I'Le
notioe sball furtber ia[orm Borrower of the right to rrinsate after acctkratiaa and the right to aa~ert in the fortclawre
praeeding the aon-eaiacnce of a de(aule or anr other ddeaie o[ BorroMrer eo acoeleraeion and foreclowirc. IE the breach i~
not cured on or beforc tbe date speciiied in the notice. I.ender at Leade~s option may declarc all o( the wms iecured by this
Mortgage to be immediatel~ due u~d pi7abk ~richa~t Eurther demand and maJr foredoie ihis Mortgage br judicial prooecd• ~
ing. Lender ihall be entitled to collect in such proceeding aU ezpenus of (orerlowrc. including, but not limited to. sea~on•
ab4 atwrneYs tea. and cow ot documenury eridence, abrtraxts and titk reporta.
~~K 26`~ ~E 993~
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