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Home My WebLink About0137 ~ . . k. . 1 ~ ~ 1 ' _ ` ~ l~~ ~W t.eader'a writteo agoocment or applicabb low. BoROwer shaU pay the snwuM ot a1i mortgagc inswaaa pcaaiums in tbe maaner provided undc~ paragraph 2 heroof. Any amounts disbursed by I~nckr pursuant to this paragraph 7, with interest therean, shal) become sdditional inJeb~odnexu of BoROVrc~ socured by ~his Morigage. Unless BoROwer a~d t.eodei agoec to other tera~s ot paym~eM. such amounts shall be payabk upon noticc frc~m I.cndcr ta Borrowcr rcquesting payment theroc~t. and shall bea~ intcrcst trom the date ot disburacmcot at the rate payabk f~om timc to time on aUstar~ding principal under the Note u~kst payment ot interat at such rate would be contrary Ia applicabk law, i~ which event such amounts shall bear interest at the highest nte ~ permissibk under applicabk law. Nothing contained io lhis paragnph 7 shall rcquire Lende~ to ir~cur any expease or take i a~y action hereunder. t a. Iot~ecflow. t.ender may make or cause to !ie made reasonabk entries upon and inspections af the Property. providod ~ that l.ender shall give Borruwer notice prior ta any such inspection specitying reasonabk cause theretor related to I.enders ~ intcrest in the Pruperty. i 9. Cowde~os. The proceeds of any award cx claim for damages, diroct or cansequential, in eonnoction with any ' condemoation or other taking af the Propehy, ar patt thercof, or for ccu~veyance in lieu of condemnation, are hereby assig~od and shall be paid to Lender. ~ 1n the event of a total taking of the Propeny, the procecds shall be appliai to 1he. sums secured by this Martgage. ~ with the cxcess, if any, paid to Borrowe~. ln ~he cvent of a partial taking af the Praperry, unkss Borrower and I.e~der othervvise agr+oc in writing, thcre shall be applied to the sums secured by this Mortgage such proportion of the prooeods ~ ~ as is equal to that proportion~which the amount of. thc sumc sccurcd by this Mortgage immediately prior to the date of taking bears to the fair market value of thc Pmpeny immediately prior to the date nf taking, wi~h the balaoce of the procoeds ~ paid to Bornowcr. ~ 3 . If the Property is abandaned by Borrower, or if, after notice by i.ender to Born~wcr that the condemnor otfera to mate an award or xttk a claim far damages, Borrower faih ~c. respe~nd to [_ender withio ~o aan aiter the date such notice is maikd, Lender is authorized to colkct and apply the procceds, at I.ender's option, eithtr to restontiori or cepair of the Prope~y or t~ the sums secured by this Martgage. _ ~ . Unless l.ender and Borrower atherwixe agrce in writing. any such application of prnceeds ta principal shall not extend ~ or postpcme thc duc date af the monthly installmcnts rc(crrcd to in paragraphc 1 and 2 hereaf or change the amount of . a,uh i~stallme~ts. • . 10. Eorrower Not Rekased. Extension of the time for payment or modification of amortization of the sums secured b}' this Mortgage granted by Leoder to any succecu?r in interect of Borrower shall not operate to release, in any ma~ner, the liability o~f the original Borrower and &?rrawer's succesu~rs in. interest. l.enikr shall nat be requireci to cr.mmence proceedings against such succe~ssor or reflise to e~tenJ time for payment ar otherwise mc~dify amortization of the .su'ms secured by this Mortgage by reason of any demanci made by 1he original Borrawe~ and Bo~rowers succescors in interesl. 11. Forbearance by I.ender Not a Wairer. Any forMearancc by I.cnder in c~ercising any right or remedy hereunder, or - otherwise afforded by applicable law, shall ~t E~e a waiver of or preclude the eaercise of any such right or remedy_ "fhe procurement of insurance or the paymeot of taxes or ather liens or charges by I_ender shall not he a waiver of Lender s , right to accelerate the maturity of ihe indehtedness cecured hy this Mortgage. ~ ~2. Remedjes CemuWire. All remeclies provided in this Mortgage are distinct and cumulative to any o~her right or remedy under this Mortgage or afforded h~• law or equity, and may be exercised concurrently, independently or succeccively_ 13. Saccessors and As~os Bound; Ioiot and Sereral I.iaM'liry; Captions. 'I~e covenants and agrcements herein contained shall bind, and the rights heneunder shall inure-to. the respective succec~~rs and ascigns of Lender and Borrov?~er, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall f+e joint and ceveral_ 'Il~e capfions and headings of thc paragraph~ of thic Mortgagc are for convenience only and are not to be used to . interprct or define the provisions hereof. ' 14. Natiee. Except for any nMice required under applicable law~ to be given in another manner, (a} any notice to Borrower provided for in this Mortga¢e shall tie given by mailing such notice by certified mail addresced to Borror~~er at the Property Address or at such other addrec~ as Bormwer ma~~ de~ignate by notice to I.ender as provided herein, and (b) anp notice to Lender shall he given by certificd mail, irtum receipt requected. to I.ender s address stated herein or to such other address as Lender may designate b~• ru~tice to BorroWer as provided herein. Any nolice provided for in this ' Mortgage shall be deemed to have been givcn t~i Borrow•er or Lrnder when givcn in the manner designated herein. ~ I5. Unifortn Mort~a~e; Govemin~ Iaw: Se~•erability. This form of mortgage rnmbines uniform covenants for national use and non-uniform covenan~s with limited variations hy' jurisdiction Lo constitute a uniform security instrument covering ; real. property. This T?ior~gage shall be governed h~ the law of the juri~dicticui in w~hich the Property is located. In the E event that any provision or clause of this Mortgage ~.r the Note contlicts a~ith applitable iaw, such conflict shall not afiect ~ ° other p~ovisions of this Mortgage ~r the Note which can he gi~•en ef~ect wiihout the conflicting provision, and to this ~ end the provisions of the Mortgage and the Notc arc dcclared to t~e severable. - ~ 16. Borrower's Copy. Borrow~e~ shall t?e furni~hed a conformed copy of the Note and of this Mortgage at the time ' of execution or after recordation herenf. ~ 17. Transfer of tht Property; Assumplion. lf ali or am- part of thc Pr~~perty or an interest therein is sc~d or transferred by Borrower without Lender's prior written consent. excluding lal the crcation of a lien or encumbrancg suborJinate to ~ this Mortgage. Ib) the creation of a purchace money u;curit}~ interest for household appliances. (cl a transfer bt• devise. ~ descent or by operation of law upon the dea~h of a j~~int tenant or (d! the grant of am• Ieasclmld interest of threc }~cars or less not containing an option to purchase. I_ender may, at I.ender's opt~on, declare all the sums secured by this Mortgage to be ~ immediately due and payable. [.ender shall ha~•e w~;~i~•ed such option to accelerate if. prior to the cale or transfer. I.ender ~ and the person to whom the Property is to be solJ or trans(errcd reach agreement in writing that the credit of such person ~ is satisfactory to LenJer and that the interect pa)•able on the sums secured by thic Mortgage shall be at such rate as I.ender ! shall request. 1f Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower ~ successor in ~ interest has executed a writte~ assumption agreement accepted~n writing by I.enJer. Lender shall release Borrow~er from all ; obligations under this Mortgage and the Note. F ~ If Lender exercises such ~ption to accelerate. Leixler shall mail Borrower notice of acceleration in accordance with t ~ paragraph 14 hereof_ Such notice shall provide a pericxi of not less thao 30 days (rom the date the natice 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 Borrower. invoke any remedies permitred by paragraph 18 hercof. s ~ NoH-UNtFORUt CoveN~xTS. Borrower and I_ender further covenant and agree as follows: IS. Acceier~ioo; Remedks. Excep as provided in pa~raph 17 hereof. upon 8orrowet's breath of aey rnveeaot or i - sq~reemeot of BoROwtr ie this Mortg~e, incloding t6e coveoants to pay wtaen doe any sams secured 6y t6is Mort~a6e. I.eeder ~ : prbr lo accderatb~ sbaB mail ootice to Borrowcr zs provided in paragraph 14 bereof specNyi~: (1) tbe bresc6; (2) t6e setioe E ~ reqeired to can sac~ ~r+escb; (3) s dNe, aot. less than 30 days from t6e date t6e notice is maikd to Benower, by wAicM secl~ ~ b~+esc6 mmt be cored; aod (4) t6at faile~e to cure soch brcach oa or before tbe date speci6ed io t6e ootice mar resolt in aecekration ot tbe-sa~s ~ecared by t6is Mortgage, foreclowrr bl' judicial proceedioa ~d sak of ibe Pmperty. 't~e ootice shall fartber iaEorm Borrower of t6e ri6bt to ninstate after sccekratioa and the ri66t to assert in t6e foreciowre pnueee~ ~ t6e aon-e:isleeee of a dehWt or any otber defense of Borrower to accekntioa and torecloSnrc. if the brescb is nof cmtd on ~ ~ or befors the date speci6ed ia tbe notice. Leader at Lender's option may declarc aD of the sn~ securcd by this Mort~a~e to be $ ~ bn0ediately dae a~d payabie w~idwnt fnrtber demand and mav forecbse tbis Mort`a6e by judkW proeetdia~. Leoder s~a0 ; be eotitled to cdiect fe sac6 proceediu6 a@ e:peoses of foreclosere, iocladio=, but not Iimited to, reasooabk sttorse~'s iees, ~ and casts of doeementary e~idence, s6stracts aod title roports. ~ ~ 19. Borruwer's Rt~6t to Re~date. Notwithstanding Lender s acceleration of the "sums secured by ihis Mortgage, ~ Borrower shall have the rigt~t to have any prceeedings hegun by Lender to enforce this Mortgage discontinued at any time ~ UR ~ . aouK z89 PA~ 137 ; f - 4 ~ _ . _ _ _ ~~.s - _ _ ~ ) t~.r ~-y- . J . FL . . ~"'~a~-r~'" ~ ~~~7.£' $ ~ +k~~: ~ . "n 'ti ~i'~ i ~ ' ~ i~'F},y--itil' ~F+€~~_ _ ~ in ~,yj ~ 'r _ J~PB s" i~ t~` :3' e~ ' - ^ ^ . r.~z