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Home My WebLink About0239 LenJer's writtcn agreement or applirable law. I3o~rovvcr shall pay the amuu~t of au ~a(tgage in~tuatlcc premiums in the man~er provided under paragraph 2 hereof. Any amounts dichursed by Lende~ pur.uant to this paragraph 7. ~~ith interest thereon, shall become additional inJebtednrss of E3orrowcr secured hp this Alartgage. Unlecs BorroHer and I en~er agrre to other tertnc af payme~t, such amountt shall bc payahk uFxm notirc from I.cnder to Bormwcr requesting papment thereof, and ~hall hca~ interest from ihe date of disbursement at the rate papahle fmm t~me.to time oo autstanding principal under the Note unles~ payment of interest at such rate would be contran• ~o appiirabk law, in which event auch amounts shall hear interest at 1he highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require I.ender to incur any e+~pense or take any action hereunder. ~ 8. laspection. I_ender may make ar cause to be made re~conable entriec u~+on aod inspectionc of the Property, provided that I.ender shall gi~•e Borrower notire priar to any such inspection specifying reasonable caux therefor related to I.ender's interest in the Property. _ 9. CondemnaNoo. The prcxeedc of any a~~ard or claim for damages, direct ar consequential, in rnnnection with any condemnation ar other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hercby assigned and shall be paid to I_ender. 1n the event of a total taking of the Amper~y, the prcxeeds thall he applied to the sums secured by thic Mortgage. w~ith the ercess, if any, paid to Borrow~er. In the e~•ent ~f a partial taking of the Propcrty, unlecs Borrower and I_ender otherw•ise agree in writing. there shall hz applied to the sums securcd by this Mortgage such proportion of ihe proceeds as is equal to that proportion which the amount of the sumc secured by this Mortgage immediately prior to the date of ~ taking bears to the fair market valuc of the Propcrty immediatel}• prior ta the date of taking, with the balance of the proceeds paid to Borrow~er. If the Property is abandoned b~• Borrow~er. or if. after notice by l.ender to Barmwer that the condemnor offers to make an aw•ard or settle a claim for damages, B~xrower fails to respond to l.ender within 30 da~•s after the date such notice is mailed, I.ender is authorized to collect and apply the proceeds. at 1_ender c option. either to restoration or repair of the Propetiy or to the sums sccured by this 111ortgage. . . Unless Lender and Borrow•er othen~•ice agree in w~riting, am• such application of proceeds to principa) siial) not extend '.dr postpone the due date of the monthlti• installments referrcd to in paragraphs 1 and 2 hereof ar change the amou~t of such inat}}l~ents: 10. Bbrrower Nof Released. Ertension of the time for payment or modification of amortization of the sums ucured hy t~is~l~tojtgage granted b~~ I.ender to am• ~uccessor in interect of Borrower shall not operate to release, in any manner. the%li4b~(jh`~bf ~he original Borrow•er and Borrow•er'~ su:cestort in interest. l.ender shall not he rcquired to commence prc?ceedings against such succecsor or refuce to ertend time for payment or otherwise modify amortization of the sums see~+red hy thic M~rtgage b~• reacun of an~• demand made b~• the oriqinal Borrower ~nd Borrower s successors in interest_ ~ ti. Forbearance by I_ender Not a Wai~•er. Am~ f~rbearance b~• I.ender in exercising an~- right or remedy hereunder, or othervvise afforded by applicable law, shall not he a waiver of or preclude the exercise of an~• such right or remedy. The procorement af insurance or the payment of taxes or other liens or charges by Lender shall not be a w•aiver of Lender s right to accelerate the maturity of the indebtednecs cecured hy thic Mortgage. 12. Remedies Cumulative. All remedies provided in this 1~lortgage are distinct and cumiilative to any other right or remedy under this Mortgage or afforded hy law• or equit~•. aod ma}• he exercised concurrenUy. independentl}~ or successively. 13. Succeswrs and AssiRns Bound; Joint and Se~•eral 1.iability; Captions. The covenants and agreements herein contained shall bind, and the riRhts hereunder shall im~re to: the respective successors and assigns of Lender and Borrower. subject to the provisiorh of paragraph 17 hereof. All co~•enrnts and agreements of Borrower shall be joint and several. "R~e captions and headings of the paragraphc of thic Mortgage are for rnnvenience only and are nat to be used to inte~pret or define the provisionc hereof. 14. Notice. Except for any notice required under applicable law• to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrow-er at the Property Address or at such other address as Bormw•er ma~• decignate b~• notice to (_ender as provided herein, and (b1 am• notice to [_ender shall he given hy certified mail. retum reeeipt reque~ted, ro Lender'c addresc stated herein or to such other address as l.ender ma~• decignate hy notice to Bormu~er as prrn•ided herein. Any notice prmided for in this Mortgage sha71 be deemed to have been eiven to Bormw•er or Lcnder a•hen given in the manner designated herein. ; 15. Uniform 1ltorfRaRe: Gocernin~ I.aw•: Se~~erabilit}•. This form of mortgage combines uniform rnvenants for national ~ ose and non-uniform cc.~~enants w•ith limited ~•ariations b}• junsdiction to constitute a uniform security instrument covering , rea) property. This Mortgage shall be governed b~~ the law• of the juricdiction in which the Propert}• is located. In ihe ~ event that any provision or claute of this Mortgage ~u the tiote rnnflicts ~ith applicable law, such conflict shal) not affect ~ other prrn•isionc of this MortQage or the Note ~hich ran be civen efiect without the conflicting provision. and to this i end the pro~isions of the Mortgage and thc `otc are dcclared ta be severaMe. ~ 16. Borrower's Copy. Borrower ~hal~ be furni~hed a conformed copy of the Note and of thic Mortgage at the time of execirtion or after recordation hereof. ~ 17. T~ansfer of the Property; Assumption. If aU or am• part of the Propcrty or an interest therein is sold or transferred ~ by Borrower without Lender's prior written consent, e~cluding lal the creation of a lien or encumbrance subc+rdinate to ~ this Mortgage, (b) the creation of a purchace mone~• cecurit~• ~nterest for household appliances. fe) a transfer b~• devise. descent or by operation of law• upon the death of a i~~nt tcnant ~r (d? the grant of an~~ leasehold interest of three ~ears or less ~ not containing an option to purchase. Lender ma}•. at Lender't option, declare all the sums secured by this blortgage .ta be > immediately due and payable. I_ender shall ha~•e wai~•ed ~uch option to accelerate if. prior to the sale or transfer. Lender and the person to ahom the Property ic to be sol~i or transferred reach agreement in w-riting that the credit of such person is satisfactorp to I_ender and that the interest pacable on the sums secured b}~ this Mortgage shall be at such rate as Lender r shall request. If [.ender has waived the option to accelerate provided in this paragraPh 17, and if Barrower's successor in ~ interest hat executed a written assumption agreement accepted in K•riting b~~ I_enJer. Lender shall release Borrower from all ~ obligations under this Mortgage and the Note. ' ~ If I_ender exercises such option to accelerare. I.ender .hall mail Bormu~er notice of acceleration in accordance with paragraph 14 hereof. Such notice chall provide a period of n~~t Iess than 3Q day~ from the date the notice is mailed within which Borrow•er may a? the cums declared due. If Borro~er f~ils ro a~ tuch sum~ rior to the ex iration of such nod, ~ P.' P.' P P Pe ~ t.ender may. without further notice or demand on Horruwer, im~oke an~~ remedies permitted by paragraph 18 hereof. ~ ~ Nox-UN~FOR~?t Covex~rv-rs. Borrower and Lender funher covenant and agree as follows: 4 18. Accelerat'ao; Remedies. Except s~ provided in pars~raph 17 hereof. upon Borrower's breach of any covenant or _ agreement of Borrower in this Mortgpge, including tht co~enanls to pay when due any soms securcd by this Mortgage, Leader _ prior to accelerataa shall mail notice to Borrower as prorided in parograph 14 hereof specifying: (l) tbe bnac6; (2) the action requlred to cure snch brtach; (3) a date, not less than 30 days from the date the notice is maikd to Borrower. by whk6 such breach must be cnred; and (4) that failurc to cure such breach on or beforc tbe date specified in the notke may resnlt in accekration of t6e snms securcd by this Mortgage. forcclosure by judicial proceedina and sale of tbe Pmperty. 'I7~e notice ~ sball furtber inform Bormwer of the right to reinstate after acceleration and the right to assert in the foreclosnre proceediag ~ the oon-exa~tence of a defauh or any other defe~ae of Borrower to accderation and foreclosure. If the breach is not cnred oa or before the date specified in the ratice. Lender at Leader's option may declue all of the soms secarcd by th~s Mort=age b be immedlatdy due and payable wit6out furt6er demaod and may foreclose thts Mort~age by judicial proceedio~. Leoder shall be entided to coBect ln wch proceeding all expeoses of foreclosure. including~ but not limited to, ressonabk attorney's fea. ~ and costs ot documentary evidence, abstracLs and titk nports. u 19. Borrower's Rigbt to Reinafate. Notwithstanding Lender's acceleration of the sums securcd by this Mortgage. Borrower shall have the right to have any proceedings hegun by Lender ro enforce this Mortgage discontinued at any time ~ ~90 ~A~E 239 ~z - - _ - - - - - ~5.,.~ ; . - ' s- r~ '~y`. ~ ~.„,^-t^"`r-~- ^1 v~ ,~zx ~ S ~ z~*`~ _ ~ ~~7~.~+~~ ~~.Cr~''~"r~ . _ ~ _a. :c__~ ~ ~ N - ;a~ - sr.-.~,.. ~r%.,'ibw ~