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Home My WebLink About0033 , ~greement or applicable law. Bor~owe~ shall pay the amount ot aU mortqage inwrance premiums in the manner provided under paragtaph Y hereof. Any amounts disbuned by Lender purswnt to this paragraph 7. with interest thereon, shali beccm~e additional in- debtedness ot Borrower securecl by this \IortRege. Unless Borrower and l.ende~ agree to other terms ot pa~~raent, such _ amounts shall be payablc upon notice from Lender to Borrower rrquating pa~mcnt thereot, and ~t~all bcar. interest Erom tl~r date of disburseme~t at the rate payable trom time to time on outstanding principal under the :~ote unleu payment o[ interest at such rate Mould be conttary to applicable law, in which event wch amounts shall bear iote~est at the highest ~atc permissible under applicable law. Nothing contained io this paragraph 7 shall require Lender [o incur any cxpense or take any action hereunder. 8. Inspectioa. Lender may make or cause to be made reasonable entries upon and inspections ot the Property, pro vidcd that Lender shall give Borrower notice prior to any such inapertion specitying rcacouable c~use theretor relatcd to Lender's interest in the Property. 9. Condemaation. The procetds ot any award or daim tor damages, dirat or conscquential, in connection with any condemnation or other aking of the Property, or put ~hereof, or (or con~•e~~ance in lieu ot condemna~ion, are hereby as- signect and shall be paid to Le~der. In the event o[ a total taking oE the Property, the praeeds shall be applied to the wms securcd by this Atortqage. with the excess, if any, paid to BorroNer. In the e~•ent of a partial taking ot che Propertp, unless Bo~roMer and Lender F otherwisc agree in writinq, there shall be applied to the sums secured by this ~tortgage wch proportion of tht ptoceeds t a~ is equal to that proportion which the amount o[ the sums secured by this ~fongage immediatelY prior to the date of taking bears to the iair market ~alue of the Propeny immediatelp prior co the date ot taking, with [he bala~~ce oE the pro- ceeds paid to Borrower. I[ the Propertr is abandoned by Borrower, or if, a[ter notice by Lender to BorroMer tha[ the condemnor oE(en to make an award or settle a claim for damages, Borroreer fails to respond to Lender within 30 davs a[ter the date such notice is mailed. Lender is authori:ed to collecc and apply the praeccls, ac Lendei s option, either to restontion or repair ot the ~ Property or to the sums secured by this ~tortgage. Unless Lender and Borrower oiherwise agree in writing, any such applicacion of pr«ceds to principal shall not extend or postpone the due date oE the monthly installments re[erred to in paraqnphs 1 and 2 hereo( or chany,e the amount of such installments. 10. Borrower Not Rekaxd. Extension oi the time for pa?inent or modi[ication of amortiration oE the sums secured b} this ~tortgage granted by Lender to any successor in interest of BorroMer shall ~wt operate to release, in any manner, the liability ot the oriqinal Borrower and Borrovrer's successors in in[erest. Lender shall not be required to commence proceedinRs aRainst suth successor or refuse to extend tifae for pa}ment or otherMise mocii[v amortintion of the sums se- curecl by this ~iortqaRe by reason ot auy demand inade b} the oriqinal Borrower and Borror.er s successors in interest. 11. Forbtarance by Lender Not a Wairer. Any forbtarance by lxnder in exrrcising any right or mmedy hereunder, or othenvisc atfotded by applicable law, shall not be a wairer or predude the exercise o( any such right or mmedv. The procurement of insurance or the payment o[ taxes or other liens or charRes b~ Lender chall ~~ot be a waicer o[ Lendei s riRht to accelerate the mamrity oF the indebtedness secured bv thic ~(origaRe. l2. Remedies Cumulatire. All remedies pm~•ided in this \tort~a~{c are distinct and cumulati~•e to an~• other riRht or rcmedy undcr this \fort~{agc or a[forded by laM or eyuit~, and ma~• bc cxercised concurrentla•, indepeudenth• or suaessi~~el}. 13. Succes~on and Assigns Bound; Joint and Sereral Liabilit~; Captions -I'he coceoants and aRreements herein containeci shall bind, and thc riRhts hcreunder shall inure to, the respecti~e wcceswrs aud assigns of Lender and Borrower. - subject to the provisions o[ para~{raph 17 hereoL All coeenants and aRreemrms o( Borro..er shall be joint and se~•eral. The ca~tions and headings ot the paragraphs o( this \iortgay,e are for com•enience onl~ and are not to be used to interpret or de(ine the ptovisions hereof. - 19. 11Totice. Except for any notice required under applicable la~r to be y,iaen in another manner. (a) an~• notite to ~ Borrower pro~•ided Eor in this ~tortgage shalt be gicen by mailut~ wch notice by cereiEied mail addressed to Borrower at ; ~ the Property Address or at such othet address as Borrower ma}• design~ce b~ notice to Lrnder as pro~•ided herein, and (b) ' k any notice to Lender shall be gi~•en b~ certified mail, return receipt requ~sted. to Lendrr i address stated herein or to such j other address as Lender may desiqnate by notice ta $orrowrer ac prorided herein. :~m notice pro~-ided (or in this ~tortga~e _ ~ shall be deemed to ha~~e been qieen to Borrower or Lender ~.hen qicen in'the~manner designated herein. j 15. Uniform Mort~,nge: Go~erning I.aw: Sevenbility. This torm of mortgaRe combines uni(orm cm~enants for na- ~ tional use and non-uniform co~•enants with limited ~~ariations by jurisdiction to constitute a uniform securitc instrument ~ co~•erinR real propert}•. This \(ortgaqe shall be governed by the law ot `the jurisdiction in ~+hich the Propertc is located. In the ever~t that any pro~•ision or dause ot this ~tort~{a~e ot the ~ote conflicts ~.ith applicable laN•, such contlitt shall not ~ ~ a(fect other pro~•isions of this ~(ortRaRe or the :~ote Mhich cau be Ri~•en ettect ~rithnut the conFlictin~ pro~•ision, and to this end the pro~•isions of the ~Iort!{aqe and the Note are declated to be se~•erable. 16. Borrower's Copy. BorroMer shall be furnished a conformed cop~ of the \ote and o( chis ~(orcRaqe ac the cime of execution or after recerdation hereoL 17. ?ranater of the Propertv; A~umption. If all or an~ pan of the Propert~• or an interest therein is sold or trans- ferred by Rorrower without Lender's prior Nritten consent, excludinR (a) the creation ot a lien or encumbrance subordinate to this ~(ortgaRe. (b) the creation of a purcha~e money securit~ interest tor household appliances. (c) a transfer b} de.•ise. descent or b} o~~eration of 1aw upon thc death o( a joint tenam or (d) the Rrant of am~ leasehold interest of three )ean or less not containing an option to purchase. Ixnder ma}•, at Lenders option. declare all the sums sectired by this ~iortgage to be immediately due and payable. Lender shall ha~e Mai~ed such option ~o acceleraee if, prior to ehe sale or transfer. Lender and ihe person to whom the Property is to be v~ld or trans(erred reach aRreement in ~+riting that the credit of such person is satisfactory to Lender and that the interest pa~~ablt on the sums secured br this \tortga~e shall be at such rate as Lender shall request. IF Lender has Mai~~ed the option to accelerate provided in this paraRraph 17, and i[ Borrower's successor in ~ interest has execuced a written assumption aRreement accepeed in h-rieinR bv L.ender. Lender shall ydease Borrower from all obligations under this ~fortgaqe and the \ote. ~ IE Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with Y paragraph 14 hereof. Such notice shall pro~~ide a period of not less than 30 da~~s from che date the notice is mailed within = which Botrower may pay the sums declared due. It Borrovrer (ails to pac wch wmt prior to the exPiration o[ such period. ~ Lender may, without [urther nocice or demand on BorroMer, im•oke an~ remedies permitted by paraRraph 18 hereof. ~ Nox-UrtFOR~t CovEtvw~-rs. Borrower and Lender further covenant and agree as follor.s: ~ IS. Accelmtion; Remediet Exctpt as provided in paragraph 17 hutof. upon Borro~rtt's brac6 of any rnvenant or x agreement of Borrower in this Mongage, induding the corenants to pay ~c6en due anf sums ~ecured b~ t6is Afortgage, ~ Lender prior to accelention ahall mail notice to Borrower u pro~ided in pangraph 1~ 6ereof specih•ing: (I) the breach; , the action required to cure auch brach; (3) a date. not kes ihan 30 davs from ehe daee ehe notice is mailed co Borrower, _ ~ by which such breach must be cured; and (9) t6at failure to cure such breach on or beforc the date spetitied in the notice may ~ result in aceeleration o[ the wns secured by this Nortgage. (orecMsurc bp judicial praeeding-abd aale of the Propertp. The notice ahall [unher in[orm Borrower oE the right to rrinsute a(ter accekntion and tbe right to a~ert in t6e Eoreclosun : praeeding che nomtxistrnce oi a detault or any other deten~e of Borro~?er to xcrleraeion and toredosurc. If the brtach is j ~ not cured pn or betore the date specified in the notict. Lender a~ Lender's option mas dedare all of the sums secured br this • ~ Mort~e to be immed'utely due and payable withont furtLer demand and mar foreclose this NorySage bv judicial proceed- ~ in[~. Lender shall be entitled to colltct in such proceeding all ezpenses o( [oreclowre, including, but not limited to, reason- ab4 attornty's [ees, and costs o( documentary e~idrncr, absuacts and title rc e~ ~ ~uCK PAGE J~ ~ . ~