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Home My WebLink About0789 _ ~ . .t;~ . 1 ~ ; ~ • ~ l.e~de~'s writteo agrcement or applicable law. Borrower shall pay the amount of all mongage insurance premiunu in the ~ manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, wilh interest thereon, shail become additiaoal , indebtedness of Bo~rowe~ securcd by Ihis Mortgage. Unless Borrower anJ I.cnJcr agrcc ta ather ternu ot payment. such ~ amounts shall be payabk upon notice from I.ender ta Borrowr~ requesting paymcnl thercaf, and shall bear interest from the date of disbursement at the rate payahk from time to time on outstanding principal under the Note unlesi payment of ioterest at such rate would be contrary ta applicable law, in which event such amounts shall t~ear ioterest at the highest nte permissibk under applicabk law. Nathing contained i~ this paragraph 7 shall rcquire I_e~der to incur aay expense or take any action hercunder. 8. Isspectioa. ~ender may make or cause to t+e made reau~nable entries upon and i~spectiotu of the Property, pmvided that t.ende~ shall give Borrower ootice priar to aoy such inspection specifying rcasonable causo therefar rclated to T.ende~'s i~te~est in the Property. - 9. Co4demnatba. 'il~e proceedc oi any avvard or claim fo~ damages, diree! or concequential, i~ connection with any condemnation or other taking of the Property, ar patt therrnf, or for canveyance in lieu of condemnation, arc hereby auigned and shall be paid to i.ender. 1~ the event of a total taking af the Property. the prcxecJs chall bc applied ta the sums secu~ed by this Mortgage. with the excess, if any, paid to Borrower: In the cvent• of a partial taking of the Property, unlets Borrowe~ and I.ender o~herwise agrce in writing, ihere shall be applied to the sums secureJ h~~ this Mortgage such proportion of ihe proceeds as is equal to that proporlion which the amount of the sum~ secured b~ this Morigage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, wilh the balance of the proceeds paid to Borrower. ~ _ 1f the Property is abandoneci by Borrower, or if. after notice by I.ender to Bormwer that the condemnor offers to make _ - . an award or settle a claim for dan~ages, Bormwer fails to rcspond to [.ender within 30 days after the date such nMice is mailed. Lender is authonzed to collect and apply ~he proceeds, at I.ender's aption, either to rtistoration or repair of the Propeny or to the sums secured by this Morlga~ee. Unless l.ender and Bormwer otherwi~e agree in ~•ritine. anv such applicalion of proceedc to principal shall not exttnd or postpone the d~ie date of the monthly inslallments referred to in paragraphc 1 and 2 herrnf or change ihe amount of such installments. ~ ~ 10. Borrower Not Rek~ed. Extension of the time for payment or modification of amonization af the sums secured - by this Mortgage granted by i_ender tc? any succecsor in intere~t of Borrower ~hall not operate to rckase, in any manner. the liability of the original BorroN~er and Bc~rrov?er'c succesu,R in interest. I.ender shall not he mquired to commence proceedings against such successor or ~refuse to ertend time for payment or otherwise modi[y amortization of ~hr s~~ms secured by this Mongage by reasan oi any demand made b~• the original Borrower and Borrow•er s succescorc in interest. ll. Forbearance 6y Lender Not a Wai~•er. Am~ fofiearancc by l.cnde~ in exercising anv right or remedy hercunder, or otherwise atiorded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or ather liens or charges by I_ender shall not be a waiver of I_enckr s right to accelerate the maturity of the indehtednecs cecured hy this Morlgage. ~2. Remedks Comulatire. All remedies prmided in this Mortgage are distinct and cumulative to any Mher right or reme~;y under this Mortgage or atforded hy law ar equity, and may~ be ezercised concurrently. independently or succecsively. 13. Successors and A~~ Bound; ]oinl aad Se.•eral i.iaM'lity; Captions. "il~e covenants and agreements herein ~ cont~.ined shall bind, and the rights hereunder shall inrire to, the rcspective succesu~rs and assigns of I.ender and Borrower. subject to the provisions af paragraph 17 hercoL All covcnants and agreementc of Borrovrer shall be jaint and se~eral. 'Il~e captions and headings of the paragraphs of this-Mortgage are for Convenience anly and are nat ta he uced to ~ ~ interpret ar deBne the provisions herec~f. 14. NMice. Except for any notice rcyuired under applicable law to be given in another manner. (a) any notice to Borrower provided for in this Mortga¢e shall he given by mailing such notice by certified mail addressed to Borrow~er at the Property Address or at such othcr addres.~ as Borrower ma~• designate by notice to T_ender as provided hercin, and (b) any notice to Lender shall be given by certified mail, return receipt reyuested. to l.enders address stated hercin or to such other address as I_ender may designate by notice to Bormwer as pr~vided herein. Any notice pmvideJ for in this Mortgage shall be deemed to have been given to Borrower or Lcnder.when given in the manner designated herein. 15. Uniform MortRs~e; Goveraiu~ iaw; Se.•erability. This form of mortgage combines eniform cc~venants for national use and non-uniform covenants with limiteci variations by jurisdiction to constitute a uniform security insUument covering rea) property_ "Il~is Mortgage shall be governed h~~ the law of the juri~iction in which the Property is located_ In the event that any p~ovision or clause of this Mortgagc or the Nate conflicts w~ith applicable law, such conflict shall not affect ~ other provisiQns of this Mortgage or the Note w~hich can be given •efTect without the conflicting provicion, and to ihis ` end the provisions of the Mortgage and the Note arc dcclared to he severable.~ ; 16. Eorrower's Copy. Borrower shall be furnished a conformed copy of the Note and of thic Mortgage at the time E ~ of execution or after recordation hercof. . ~ ~ l7. Trantfer of t6e Property; Assumption. If all or any part of the Property or an interest thercin is sold or transferred ~ by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumhrance suhorJinate to this Mortgage. (b) the creation of a purchace money security interest-for household appliances, (c) a transfer h~~ devise. descent or by operation of law upon lhe death of a joint tenant or (dl the grant of any leasehold interest of threc yea~ or lesc not containing an option to purchase, t.ender may, at Lender'~ option. declare all the sums secured by this Mortgage to be immediafely due and payable. Lender shall have w-aived such option to aocelerate if, prior to the ~ale or transfer. [.enckr and the person to whom the Property is to be solJ or transferred reach agreement in writing that the creJit of wch person is satisfactory to I.ender and that the interest payable on the sutns secured by this Mortgage shall be at siMh rate as I_ender shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower ~ suceessor in - interest has executed a written assumption agreement accepted in writing by 1_encier. Lender shall release Borrower from all obligations under this Mortgage and the Note. • ~ if Lender exercises such option to accelerate, LenJer shall mail Bonower notice of acceleration in accordance w•ith paragraph 14 hereof. Such notice shall provide 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 sums prior to the expiration of such period. ~ Lender may, without further notice or demand on t3orrowcr, invoke any remedies permitted by paragraph 18 hercaf. Now-UHtFatt?t Covex~rt7's. Borrower and Lender further rnvenant and agm as follows: t 18. Acceleratio~ Re~ed~es. Escept as provided ia ~rsp6 I7 bereof, Roa aorrowe~s 6reac` of aor co~e~aut or ~ ~ aereea~t af Dorrower L tYis Mo~a~e, ~q~ tbe co•eoasts to pay wbsw d~e say s~~s sccored Iry t6is Mort6a~e, I.e~der a ree ~ prior to accdera8o~ s~ae ~a~ ~otke to dortower as provided io para~rap6 14 6ereof s~eci[y~: (1) tre beacr: (2) tbe sdioa ~ reqdre~ fo c~e s~ iRSCb; a d~te. sot less traw 30 days fro~s ttie date ti~e rMke i~ ma~ to eorrower. b!' whk6 ssc` ~ b~+eae~ ~o~t be e~rei: a~d trat fa~sre b earr sacb bresc~ o~ or befa+e tbe date speciied i~ tre nMice ssr resdt is z sccekratio~ d tl~e a~ ~ec~ed by tlds Ma1;a6e. foreclosore b7 jadicial lroceedie~ a~d ~sale of tbe Pr~operty. 1be eotice siiaB frrt6er ieforo dorrower of tbe ri~W to reiwstate sNer accekratio~ awi tLe ri~t to aMed i~ ti~e forec{o~ere poeeedi~ ~ tbe ooe-e~etesce d a dets~lt or aoy otber defe~se of Eorrawer to ~rcderMio~ s~d forecloare. H tl~e breacl~ is oot c~ea o0 or before We da~e specKc~ ~ ti~e sotke, I.ender st Leade~s optba way deehre all of ttie su~ secrrei by tris Mwt~e b be imaedi~td~ d~e aad pyable witboat fertber demand aad msr taeclose t~ M~ b 3~ !~'~~~R. Lender slnD ~ be ~ to cdket i~ s~ proceedi~ d ezpeases of forecbsare, iacledi~, b~t ~ot iieitd t0. ~ea~o~aae attoney's fees. = ai eats d roc~~eatary e~ide~ce. abetrseb aed tide reprls. ~ 1!. fornuwer's Ri~t to Ret¦Nata Notwithstanding Lende~s xaleration of the swns socured by this Mortgage. ~ Borrower shall hsve the rig6t to have any.proceedings begun by Lender to enforce this Mortgage discon6nued at aay time ~ ;~~~28? ~ 7 ~ ; ~ . - ~ _ _ y . ~ _ - - _ _ ~ ~ ~ _ ~y~, ~ _ ~ . . ~ _ ~ _