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HomeMy WebLinkAbout0757 . 1 , I.eader's writtea atreeaaeAt or appticabk law. Borrower shall pay thc amount ot i~ Aiongage inwranoe prtmiums ia tha maane~ providod under pu~~ 2 hereot. ~ Any anwunts disbunod by Lender punuaru to th~ pang~sph 7, with intetest thereon, shall become additional indebtodness ot Borrovrer secured by ~his Monp~e. Unless Borrower and Leoder agra to other tertns of payment, such ----+~ts-sial~-~pay~{? upo~wetio~-t~aw-~,M~-~o 8ossewos-s~qu~c~+t~g-~aY~?t aMr~otr ar~d slwll-b~ar-ialsr~st-~~a?-tht _ _ _ . _ date of disbuna~x~t at the nte payabk f~om time to timc oe out:ta~ding principal under the Note unless payme~t ot interest at such rate would be contrary to spplicabk law, in which ev~en~ wch ~m~pnt: shall bear interest at the highest rate permist~'bk w~der applicabk law. Nothina cootained in this paragraph 7 sha1) tequir+e Lender to incur any eacpense or take any action hereunder. i. t~eeMa~. Lender msy make or cause to be msde reasonabk entries upon and inspections of the Prape~ty, providcd that I.ender shall tive Borrower notice prior to any such i~spection specifyins reasonabk cause therefor related to Lender's ' interest in the Property. ~ 9. Cowiewnds~. The proceods of any award or claim for dam~ga. diroct or consequential. in •connection with any cond~mnation or other takin~ of the Pr~operty. or pa~t thercof. or for conveyance in lieu of condemnatior~, are hereby sssigned ar~d shall be psid to Lender. _ ~ . In the eveot of a total taking of the Propeny, tho proceeds shall be applied to the sums securcd by this Mortgage, with the exau. if any, paid to Borrower. In ~he event of a partial takin~ of the Property. unless Borrower and I.ender otherwise saree in writing, there shall be apQlied to the sums securcd by this Mortgage such pr~oportion of the prooeeds as is eqwl to that propo~tion which tbe amount of the sums secured by this Mortgage immediately priar to the date of taking bcars to the fair muket value of the Property immediately ~uior to the date of taking, with the balance of the proceeds paid to Borrow~er. ~ I[ the Properly is abandoned by Borrower, or if, after notice by Lende~ to Bo~row~~ that the condemnor ofters to make - an award or settk a claim_ for damaga, Borrower fails to respond to Lender within 3b days after the dat~ such notice is . maikd, Leoder is authorixed to cdkct and appiy the proceeds, st Lender's option, either to restoration or repair of the Propeny or to the sums socured by this Mort~tage. Unless Lendet and Borrower otherwise agrce in writing, any such apptication of procads to principal shall not extend or postpone the due date of the atonthly installments referrcd to in paragraphs 1 and 2 hereof or change the amount of siich installments. - ~ IA. fa~+ower 1Vof Rekasea. Extension of tha time for payment or moditication of amortization of the sums secured by this Mortgage aranted by i.ender to any successor in interest of Borrowe~ shall not operate to release, in aay manner. ~ the liability of the original Borrovrer and Bc+rrower's successors in interest. Lender shall not be roquired to commenc~e proceedings sgairat such successor or refuse to extend time for payment or otherwise modify amortization of the sums securcd b~? this Mortaage by reason of any demand made by the original Borrower and Borrower's successors in interat. 11. Forbea~asce y I.eeier NM a Wd~er. Any forbearance by i.ender in exercising any right or rcmedy hereu~der, or otherwise affordod by applicabk law, shall not be a waiver of or preclude the exercise of any such right or remedy. Tt~ procureroent of insuranoe or the payment of taaces or other liens oc charges by L.ender shali not be a waiver of Lender's right to accekrate the mamriry of the indebtedneu secured hy this Mortgage. 12. Re~eiia C1~~Wi~e. All.remedies provided in this Matgage arc distinct and cumulative to any other right or rcmedy u~der this Mortgage or ~tforded by law or equity, and may be exercised concurrently, independently or successively. 13. S~eee~sots ai As~as Jdet awd Several i.iab~; Cspdons. The covenants and agreemenis herein contained shall bind, and the righu heceunder shall inare to, the respective successon and assigns of Lender and Bomower, . subject to the pravisio~s of pangnph 17 hereof. All covenants and agreements of Borrower shall be joint and several. 'Il~e aptions and headings of the paragnphS of this Mortgage are for conve~ience only and are not to be used to interpret or define the provisions heroof. 11. ~Notke. Facept for any notia requircd under applicable law to be given in another manner, (a) any notice to Borrow~e~ pr~ovided for in this Mongage shall be given by mailing such notice by certified mail addrcssed to Borrower at the Property Address or at such other address as Borrower may designate by notice to 1_ender as provided hercin, and - (b) any notice to Lrnder shail be given by certified mail, ret~~rn receipt rcquested, to l.ender s.address stated hcrein or to such other addreu as LendEr may designate by notice to Borrower u provided herein. Any notice provided for in this Mortgage shal) be docmed~ to have been given to Borrower or I_ender when given in the manner designated herein. 1S. Uotforw MoA~a~r; Go~ereia~ Law; Severability. 'i?~is form of mortgage combina uniform covenants for national ; use and non-uniform rnvenants with limited variations by jurisd'ection to constitute a uniform security instrument covering real property. This Morigage shall be governed hy the law of the jurisdiction in which the Property is located_ In the event that any provision or clause of this Mortgage or the Note conflicts with applicabk law, such conflict shall not affect I other provisions of this Mortgage or the Note which can be given effect without the conflicling prnvision, and to this ~ end the provisions of the Mortgage and the Note are declared to be severable. ~ 16. Sonower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time ~ of eaecution or afttr recordation hereof. 17. Tra~ter of ttie Pro~erty; Asaumption. 1f all or any part of the Property or an interest therein is sold or transferred ~ by Borrovrer without Ltnder s prior written consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by opetation of law upon the death of a joint tenant or (d) the grant of any leasehold intercst of three years or less not rnntaining an option to purchase, Lender may, at Lender's option, declare all the sums sec~red by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sak or transfer. Lender and the person to whom the Property is to be sold or transferrcd reach agreement in writing that the credit of such person . is satisfactory to Lender and that the interest payabk on the sums socured by this Mortgage shall be at auch rate az Lender shall requat. If Lender has waivod the option to accelerate provided in this paragraph 17, and if Borrower's successor in interat has executed a written assumption agreement accept~d in writing by Ltnder. I.ender shall release Borrower from all obliguions under this Mortgage and the Nota - if Lender exet~cises such optiun to accelerate, Lender shall mail Borrower notice of acceferation in accordance with paragraph 14 hercof. ~ch notioe shall provide a period of not less than 30 days from the date the notice is mailed within which Borrnwer may pay the sums doclared due. If Borrower fails to pay such sums prior to the expiration of such period. ~ Lender may, without further ootioe or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Nox•Ut+tFae~r CovexAxrs. Borrower and Lender further covena6t and agroe as follows: ls. Aeeek~atio~; Re~eiies. R.xce~t as rrovided ia parasrapL 1'f bereof, aPoe dorrower's breacti ot ay co•eaaut ot a~reese~ of D~n~awer L t~is Mort~a~e, bdediu` tbe co~caants fo p~y whew due aey soms secnrcd by th4 Mor1iK~. ~ prior a aecelera~s. s~i ~.oeice iu fon~ower as provided ln par~rapb 14 bereot specif7ies: (i) tbe breac6; (2) cbe aabn rsqdroi b e~re wei ireack s ire, ~ot Ins tbae 30 days trom t6e date t~e sotke is ma~ed to Eorrowu, by ericl~ sac~6 6nacY ort bt eare~ a~i t`aR taY~ee to c~ue sach breach os o~ 6efore tre date ~peclied ia ti~e ootke sq raait iw aeoderatio~ ef Ire ~t iec~rei b9 tl~is Mortsa~e. toreelowre by judkial proce~diu~ aoi sak ot tbe P~+uperty. 'Ibe aotke sha/ t~rt~u idor~ iorrawer d tre r~ to rehMah aher sccek~sdoo aad the ri~6t to awert L~ t6e foreclow~+e p~oc~e~ tie ~o~-e~teace aE a iefsdt or aq ottierdefew~e of ~orwwer to accekratloo a~d torscloae~e. If fbe 6ceacb M oot c~ed oa or be~ore Ire d~le s~eeilkd i~ tie ~otke, Le~der at I.eoder's optbn mq declare a9 of tl~e wws secared dr this Mort~e b be iseeiis•df ~t ae~ ~~aYe wMi~o~t furtlkr dee~aod aod may toreelose thb Mo~a~e by jadicW procted~• Le~der ahaA be MWei b eoBeet L s~i ~ a1 e:pessa of torecbwee. ioch~dia;, b~t aot li~Nei to. reaweabk atior~e~a Eas, a~d eo~t~ d ~ot~rp e~iic~ce, al~Irscb a~d tWe ~epor~s. 1!. >enowe~'s lt~t to Rel~ate. Notwithstanding Lender s acceleration of the sums secuad by thia Mortgage. Borrawer shaU have tbe rigbt to have any ~oceedings begun by Lender to e~force this Mortgage discontinued at any time 3Lux ~89 ~A~~ 748 ~ ~ ~ ~ "r ~ ~ , - ~ ~ ~ _ *x~-~ ~ , ¢ c . ~f~ ~-r x ' r~„ ~ :.s~~~ ? ~ aT•*'. ;~r ~ - .t- p~ i - ~ ~