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Home My WebLink About0247 Leader's writ~rn asroe~nent or applicabb l~w. Bomnwer shall p~y the amount o[ ap mort~s~se insuranca1ptemium= in tba manner p~ovided under p~ragnph 2 heroot. . ~ Any amounts disbursed by Lende~ pursuant to thit pana~aph 7. with intee+est thereoa. shalt becoma additional inckb~odne:s o[ Bormwer aecurod by this Mongage. Unless Borrower and LenJer agree to othe~ tenns of paymeM. such _ amou~ts shall be payabk upo~ natice from Le~de~ to Bomowrr requesting paymeM the~eof, and shall bear interdt fmm the date of disburaement at the nte payabk Roh~ ~ tim~ to time on outstanding principal under the Note unlas paymant oi intercst at such rate would be contnry to applicabk law, in which event such amounts shall beu interest at the hi~st rate permirn'bk unde~ applicabk law. Nothin~contained in this paragnph 7 shall require i.ender to it~cur any expea~e or take any actiot~ hereuader. ' - S. I~ecNo~. Cender may make o~ cause to be made rcasonabk entries upan and inspections of the Property. provided that Lender shall give Borrowe~ notice prior to any such inspoction specifying rtasonabk cause therefo~ related to I.enders interest in the Propetty.~ 9. Co~deu~~atb~. The proceeds of any award or claim for damages: dircct or consequential. in connection with any condemnation or other taking of the Propeny, or paK thercof. or for conveyance in lieu of condemnation. are he~eby assia~ed and shall be paid to ~ender. . ` Tn the eveot of a total taking of the Propeny, the proceeds chall be applied to the sums securod by this Mortaage. with the excess, if any, paid to Borrawe~. In the event af a partial taking of the Property, unkss Bomower and L~ende~ ~ otherwise agree in writing, therc shall be applied to thc sums sxurcd by this Mortgage such proportion of the pr+oceeds ; as is equal to that proportion v?hich the amount of the sums securcd by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balanoe of the proceeds paid to BoROwer. Yf tht Property is al~andonal by Borrower, or if. after notice by Lender to Bomower that the condemnor oHers to mate ? an award or settk a claim for damages, Bc~rrower fails to rcspond to l.ender within 30 days after the date such notice is } mailed, Lender is authoriud to colkct and apply ~he procceds. ar i.ende~'s option. either to restoration or repair of the ~ Propeny or to the sums secured by /his Martgage. ~ ; Unless Lendtr and Borrower othenvice agree in writing, any such application of procetds to principa) shall not extend ` or postpone the due date of the monthly installmc~ts rcferred to in paragraphs 1 and 2 hereof o~ change the amount of tuch installmcnts. i 10. Do~rower Not Rekased. Extension of the time for payment or moditication of amortization of the sums securcd by this Mortgage granted by I.ender to any cuccecsor in interest of Borrower shall not operate to releau, in any man~er, the liability of the original Borrower and &•rrower'c successors in interest. Leoder shall not be requircd to commence proceedings against such successar or rcfuse to e+ctend time for payme~t or othetwise modify amortization of the ~ums secured by this Mortgage by nason of an~ demand made by the oriqinal Borrower and Borrower's u~ccenors in interect. 11. Rorbearance 6p I.ender Not a R?sirer. Any f~rhearance by Lender in exercising any right or remedy hereunder, or othervvise afforded by applicable law. shall not he a waiver of or preclude the exercise of any such right or remedy. 'i?~e procurement of insunnce or the payme~t of taies or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturiry of the indehtedness secured hy this Mortgage. l2. Remcdks Cbmulati~e. AI~ remedies provided in this Mortgage arc distinct and cumulative to any other right or rcmedy under fhis Mortgage or afforded hy law or equity, and may be exercised concurrently, independently or successively. ' 13. S~cce~ors and Assi~ws Eonnd; Joint aad Several i3abil~ly; Captioas. "It~e covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender ai~d Borrower. subjoct to the provisions of paragraph• 17 hereof. All covenants and agrcements of Bonower shall be jcurM and s~veral. 'il~e captions aad headings of ihe paragraph~ of this Mortgage arc for convenience only and art not to be osed to interpret or define the provisions hercoG 14. Notke. Except for any notice rcquired under applicable law to be given in another manner. (a) any notice to ; Borrower provided for in this Mortga¢e shall be given by mailiog sach ootice by certified mail addressed to Borrower at the Property Address or at such o~hcr address as Bormwer may designate by notice to T_ender as provided herein, and (b) any notice to Lender shaU he given by certifieJ mail. retum rcceipt requested. to i.ender's address stated herein or to such other addras as Lender may decignate by notice to Borrower as provided herein. Any notice provided for in. ihis Mortgage shall be deemed to havc been given to Bc~rmwer or Lender when given in the manner designated hercin. IS. Uaiform Mori~~e: Governio~ I.aw; Serenbility. This form of mortgage tombines imiform covenants for national : use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propeny. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the ~ event that any provision or clause of thic Mortgage or the Note conflicts with applicable law, such conflict shall not affect ` other provisions of this Mortgage or the Note which can be given effiect wilhout the conflicting provision, and to this ~ end the provisions of the Mortgage and the Nc~te are ileclarcd to be severable. ' 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time ~ of execution or after recordati~n hereof. ~ 17. Trassfer of t6e Property; Assumption. if all or any part of ihe Property or an intercst thercin is sold or transferred I by Borrower without I.ender s prior writtrn conscnt. excluding (al the creation of a lien or encumbranct subordinate to # this ~Viortgago. (bl the creahon of a purchace money cecariry interest for household appliances, (c) a transfer hy devise, - ~ descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intercst of threc vcars or less ~ not containing an option to purchase, Lender may. at Lender c option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have w•aived such option to accelerate if, prior to the sak or transfer. I_ender and the person to whom the Property i~ t~~ be co1J or transferred rcach agreement in writing that the credit of such percnn is satisfactory to I~nder and that the inter~~t payable on the sums secured by this Mortgage shall be at s~ech ra~e ac i_ender shall rcquat. If Lender 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 txnder, Lender shal) rclease Borrower frnm all obligations under this Mortgage and the Note. ~ - If Lender exercixs such option to accelera~e. Lenckr shall mail Borrower ~otice of acceleration in accordancr ~~~~~h paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailcd within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of cuch pericxi, ~ L.ender may, without further nrnice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. ~ Now-UHtFORwt CoveN~rrrs. Borrower and Lender further covenant and agrce u follows: ; ~ ls. Aecderatioe; Remedies. Bscept as Provided Ia p~~raph 17 6ereof, ep~ Eorrower's bracti of ~uy core~awt or ;4 a6reemewt of Borrower h tYis Mortta`e. includin~ tbe co~eaafs to p~y wbe~ dne soy mais sec~red by t6k Mort~a~e. I.eadc~ ~ prior M seceleratfoa sba8 mail notiee to sorrower as pro~ided ia para~rap6 14 aereot spec~~Mis (1) He breacb: (21 tbe sction required to core src~ bresc~; (3) s date, ~ot less tban 30 days frae tre date ttie aotlce b~ to Eo~rower. 67' whic6 sacb ~ 6~+each eYd be c~u+ed; asd (n thaR faflt~re to crre spcl~ breacM o~ or before tre date speci6ed ia tbe notice a+ay resWt iw r accekntiw~ oE 1tie s~ass secrnd by tl~k Mort~e..torectosnre by ~odicisl proceediua awd sale of the Property. The notice ~ sha8 farthcr iaform Sorruwer of tre ria1N to reiastate dter sccekrNion swd tre ri6b1 to a~sert is tbe foreclosnre ~ ~ t6e noa-exisfepce ot s defsdt o~ sa~ ot6er defense of sorrower to sccekrMbs and foreclos¦re. If the bresel~ is not curcd ow ~ ~ or before tbe dsle ~peeife~ iw the sofice. Lender at i.ender's o'tbA n~ deciare a0 ot dle s~ms sec~red by tlds Mort~a~e b be ima~edbtely dne ani payable witbort t~rther demand and may forecbse tMM Mort~e by jndicW ~oc~. [.ender chall ~ be eetided to colleet b~ s~ proceedie6 a0 e:peoses of forrcbwre. iacl~. br[ Aot li~sitea tq. rtawasbk attorney's fees. asd costs of docr~e~tuy eridesce. abst~acts s~d titk rcpor~. ~ 19. sorrower's Ri~bt fo Reiostafe. Ne+twithstanding l.ender s acceleration of ihe sums securcd by th~s Mortgaae, ~ Borrower shall have the right to have any proccedings hegun hy l~nder to enforce this Mortgage discontinued at _any time : ~ ~ aL RI~ ~Q5 PACf 246 ~ ~ t = .LL - r - - - - _ ~ ~ ~ _ - ~t . ~,~~~x~ m~~: