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Home My WebLink About0415 . ~ ~ ~ ' v l.~nder's written agr+cemcnt or spplicabk law. Bormw~r sha11 pay the amouM o[ all moK~age insurarwe Qc+emiw~u in the manner provided undcr pa~ag~aph 2 hereof. Any amounts disbuned by I.c~der pursuant to thi~ paragraph 7. with inte~est thareon~ shal( become ~ditioaal indebtedness of Bwrowcr secucod by ihis Mangage. Unlecs Bonower and Lendlr af~+to other ttrms of payment, such amouots shal) be payabk upcM notice f~om 1_ender to Borrowe~ requesting psyment thereof, and shall bea~ intercst trom the date of disburstment at the nte payahk from time to time on witstandi~g principal under tM Note unk~s payma~t of interest at such rate would be contrary to applicable law, in which eveot such amounts shall bear interost at the hiahest rate permissible under applicable iaw. ~voti~ing rnntained in ~nis pareg~a~i ? stu.ti ic~ui~ i.:.~~ ::,r t~ ::t.:.:r sr~y =s~.+r!*x ~ 1~te any actiort her+euader. S. l~ectio~, t~nder may make or cause ta be made rcuonabk entriac upon and inspections of the Property. pmvided that I.encler shall give Borrower notice prior to any such insprrtian specifyi~g reasonabk cause therefor related to I.ender's interest in the Property. . 9. Cowde~naatb~. The proceeds of any award or claim for damagea, diroet or consequential. in co~noction with any condemnation or other taking af the Propeny, ar psrt thereof, o~ for convey~nce in lieu of condemnation. are hereby assi6ood and shall be paid ta i~nder. In the event of a total taking of the Propeny. thc praoeeds chal! be applied !a the sums securcd by this Mortgage, with the eacess, if any, paid to Borrc?wer. In Ihe cvent of a partial taking af the Ptoperty. unless Borrower and Lender otherwise agrce in writing, there shall be applied to the sums sec~~red by this Mongage such pmportion of the proaeds as is equal to that proponiao Which Ihe ama~nt of the sumc secored by this Mortgage immediatety prior to the date of taking btars to the fair marictt value of the Property immedi~tely prior ta the date of taking, with the bala~ce of the proceeds paid to Borrower. 1f the Property is abandoned by Borrower, or if. after natice by i.ender to Bomower that the rnndemnor otfers to make an award or settle a claim for damages. Bor~ower fails to respond to L.ender within 30 days after the date such notice is maited. Lender is authorized to c~llect and apply t?~e proceeds, at T.ender's option, either to ratoration o~ ~tpair of the Propeny or tn thc sums secured hy this Mor~gaRe. Unless l.ende~ ar~d Borrower otherwice agree in writinR. any such application of prcueeds to principaT shall not extrnd r_~nci~~e ~h~ due date of the monthly inslallments referrcd ta i~ paragraphs 1 and 2 hereof or change the amount of such instailments. le. Eorrower Not Rekased. Extensian pf the time for payment or modificatio~ of amortization of the sums securcd by this Mortgage granted by I_ender to any ~uccessc~r in interest of Borrower shall not operate fo retease, in any manner, the liability of the original Borrower and Bormwer's successorc in intercst. Lertder shall not .be required ta commence proceedings against such saecescor or refuce to ertend time for payment or othenviu modify amortizatian of thr_ ~~~ms secured by this Mortgage by reason of aa~ demand made by the ori4inal Borrower and Borrowe~ s successors in interect_ 11. Forbesranee by Lender Not a Waiver. Any fc?rbearance by t.ender in exercising aoy right or rcmedy hereunder, or otherwise afforcied by applicabk taw. shalt not be a waiver of or preclude the exercise of any such right or remedy. 7?~e procurement of ihsurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indehtcdneu secured hy thic Mortgage. 12. Remedks Camnlati~e, All remedies pr~vided in this Mortgage are distinct and cumulative to any other right or rcmedy under this Mortgage or affarded hy law or equity, and may be exercised concurrently, independently or successively. ' 13. S.cceswrs and Assi~as $ound: Jaat and Sereral I.iaMilify; CAptions. The coveoants and agreements herein contained shall bind, and the rights hereunder shall im~re to. the respective successors and assigns of i_ender ac~d Borrower. subject to the provisions of paragraph 17 fiereof. All covcnants and agreements of Borrower shall be joi~ and several. . The captions and headings of the paragraphc of thic Mortgage are for convenience only and are not to be uad to ~ interpret or defin~ the provisions hereof. ' 14. Notiee. Except for any notire rcquired under applicable law to be given in anot6er manner, (a) any notice to Borrower provided for iR this Mortgage sball be given hy maiting such notice by certified mail addressed to Borrower ai the Property Address or at such cNhcr address as Borrower may designate by notice to i_ender as provided he~ein, and (b) any ~otice to Lender shall he given hy certificd mail, return receipt req~ested. to I.ender s address stated herein or to such other address as Lender may decignate by notice to Barmwer as provided herein. Any notice provided for in this Mortgage stiall be deemed to have becn given to Bc~rrower or I_ender when g+ven in the manner designated herein. 15. Uniform MortR~e: Governin~; Iavr: Ss.•er~bility. This form of mortgage combina uniform covenants for national use and non-uniform covenants w-ith limited variations by jurisdiction to constitute a uniform security instn~ment covering real property. This Mortgage shall be govcrned by the law of the jurisdiction in which the Property is. located. In the - event that any provision or ctause of thic Mortgage cr the Note conflicts with applicable law, such conflict shall not atTect other provisions of this Mortgage or the Note which can be given effect without the conflicting pmvicion, and to this end the provisions of the Mortgage and the ?~Iote are ~leclared to be severable. 16. dorrower's Copy. Borrnwer shall bc furnished a con(ormed copy of the Note and of this Mortgage at the time of execution or after rccordation herrnf. 17. Traosfer of tbe Tropettv: Assumption. If all or any part of the Pre~perty or an intrrest therein is sold or transferred by Borrower wilhout Lender's prior writtrn ~onsent. excludiog (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creat~on of a purch:,ce m~•ne4• ~ecurity interest for household appliances, (c) a~ransfer hy devise. descent or by operation of law upon 1he dcath ot a jo,nt ~enant or (da the grant of any leasehold intercst of threc pcars or less not containing an option to purchase. I.ender may. at l.ender'a option, declare all the sums secared by this Mortgage to be immediately due and payable. [_ender shall havc N ~ived such option to accelerate if, prior to the cale or transfer. I.ender and the person to whom the Property ic to be .o1J ~,r transferred reach agreement in writing that the credit of such person is satisfactory to Lenckr and that the inten.~ payable on the sums secured by this Mortgage shall be at such rate aa I.ender shall request. if I_ender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by [_ender, Lender shall release Borrower frorr~ a!! obliaations under this Mortgage and the Note. If Lender exercises such option to atce{erate. Lender shall mail Borrower notice of acteleration in accordanc~ i~h paragraph 14 heroof. Such notice shall provide a periad af not less than 30 days from the date the notice is mail~d within which Borrower may pay the sums declared due. ~f Borrower tails to pay such sums prior to the exPiratien of cuch period. [.ender may, without furiher notice or dcmand on ~iorrower. invoke any remedies permitted by paragraph 18 hereof. :~3~::-~;:;€c~~: ~.^~~a~!~~r~. &?~c+w~r ~nd l.ender furthcr covenant and agree u follows: 18. Aectlcratioa; Rea~edies. Excep as provided ie Pan~nph 17 hereof. dpon Ewrowers bresr6 of ser co~ewnt or a~reemeet of Eorrower In tbis Matga~e. ieclodi+~ tbe co~cnams to pay nbee dne say soa~s sec~red by t6is Mort~p~e. I.eader prior !o scceleration sbaH m~ii notke to dormr?er as provided is para6raph 14 6ereof specNyia~: (1) tAe breach:/2) tbe scfion reqnired to core srcb breach; (3) s date. aot kss than 30 days from the date tbe aotke Ls ~8ed to aorror?er. by r.hk6 wc6 breac6 mmt be esre~; aad (4) Idat failors to cnrc sach bre~cb on or beforc the date spect6ed fw tbe notice may nsult ia sccelenKon o~ ~e auas secund by thts Mortss~e. torecfosun by judicial pmeeedi~ a~ sale of tbe Property. 71~e aotice sball fartber Iwfona dorrowe~ of the ri~M_ to reinstate after accek~atioa aad t4 ri6bt lo atse~t i~ tbe foreclosorc ~roceediq tLe noe-existeace d a defaok or any otber detepse of Borsov?er to scceleratbn and foreclosurs. it the 6rracM is sof cue+cd ow ~ or before the dste specified is t6e ~otice. [.emkr at t.ender's optbe a~ar declue sA of tbe soe~s sea~rei by tl~is Mort~aRe to be irawediately d~e sed ptyabk witbort furlher dcmand and may forecbst tbi~ Mort~e by judkial proceedinR. i.ender chaq be eolitled to colled iw s~ai proctedin` all ezpeases of toreclosure. iacludia~. bN ~ot lisited to, ~easo~abk stt.,rney's fees. aed cods ot docoie*tary e~ideece, s6strac~s and titk repo~s. 19. EorroweK's Rj(bt to Rei~fate. NMwithstandinR t.ender s acceleration of the sums ucured tiy th~s Mortgage, Bornower shall have the right to have any proccedings hegun hy lxnder to enforce this Mongage diuontinued at any time 90GN 293 ? ~,~f 415 : _ - - - - - - - - ~ - - ~ za . ~ ~ F +?l 'ro~ & _ Y ~ ~i: . a . T' ,s-,~.-'i-.,~ ~ ~is/ ~ ~~~~d~ _ ~~'~~`K^.'+~~~ ~