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Home My WebLink About0413 i ' h Lepder's written s~reeune~nt or applicable law. Borrower ahall pay lhe unouM of ap mort6ag0 inwrano0 pltimiumt ia tbe ag maaner provided under puag~aph 2 heoeot. Any amounta disbunad by I,ende~ punuant to th~ patagnph 9, with iaterest theroon. shall become additional ~ ~indeb~ed~as ot Borrowc~ secured by lhis Mongage. Unkss Borrower and Leode~ agroe to other terms of payaa~M, such amounts shall be payabk upon nc~tice frc~m i.ender to Borrower requestio8 paymeot thercof, arxf shall bea~ interat traa the ~ date of disbursanent at the ratc payabk hom time to time on aU:tanding principal under the Note unkss payme~t of ~ inte~est at such rate would be contnrv to applicabk law, in which event such smounts shall bear interest at the hi~ rate perntissibk ur~der appiicabk law. Nothing contained in this pa~agrsph 7 sha11 require I.ender to incur aay expetaa ot take ! any action hereuntkr. # S. in~ecfio~, i.ender may make or cause to be made roasonabk cntries upon a~d i~spections of the PrapeRy. prorided i that Lende~ shall aive Horrower nWice prior to any such inspection specifying reuonsbk cause therefor relatod to i~a~der's ~ intercst in the Property. 9. Coode~Niow. The proceeds of any award or claim for damaga, direct or conxquential. in connoction with any ' ca~demeation or other taking of the Propeny, or pa~t tAereof, or for conveyance in lieu of coodemnatior~, are hercby usigned ~ and shall be paid to Le~der. ~ in the eveot of a total taking of the propcrly, Ihe p~oceeds shall be applied to the sums secured by this Mortgage, ; with the excess, if any, paid to Borrawer. In the cvent of a pattial taking of the Propetty, unlcss 8orrower and L.eoder utherwise agree in writing, there shall be appliat ta the sums secured by this Mortgage such proportion of the pr+uoea4 ~ as is equal to that proportion r?hieh Ihe amount of the sumc secured by this Martga~te immediately prior to the dite of ; taking bears to the fair market value of the Propcny immediately prior to the date of taking, with the balanoe of the pmceeds paid to Borrower. . if the Property is abandoncd by Borrower, o~ if. after notice by I_ende~ to Borrower th~t the condemnor oPfers to make ; an award or settk a claim for d~mages. $c~rrower fail~ to respond to ~ender within 30 days after the date such twtice is mailed, Leoder is auth~rized. to callect aod apply Ihe procecds. at I.ender's option, either to restoration or repair of the Propeny or to the sums securcd by ihis Mortgage. ~ . . Unless ~e~der and Borrower othenvice agree in writing, any such application of prnceeds to principal shal) not extend or postpv:~e the due dat~ af the monthly installments rcferred to in parag~aphs 1 and 2 hereof or change the amount of such installments. 10. son+uwer Not RNe~ed. Extension of the time for payment or modification of amortizatian of the sums securcd by this Mortgage grar~ted by i.eeder to a~y succecsor in interest of Bc~nower shall not operate to release, in any manner, the liability of the original Borrower and &~rrower's successors in interest. I_ender shall not be requircd to commence proceedings against such successor or refuse to ertend time for payment or otherwise modify amortization af the ~ums stcured by this Mortgage by rcason of any demand made b~• the oriqinal Borrower and Borrowers successon in interc~st_ l1• Forbearance by I,ender NM a Wsiver. Any fs?rhearanrc by 1_ender in exercising any right or rcmedy hereunder, ~r otherwix afforded by applicable law, shall not t~e a waiver of or preclude the exercise of any such right or remedy. The procurement of insarance or the payment af taxes or other liens or charges by I_ender shalt not be a waiver of Lender's right to acceierate the maturity of the indtbtedness secured hy this Mortgage. l2. ReMSdies Cemnhti~e. All remedies pro~ided 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, indepentlently or successively. 13. Seccessora and Assi~as Hound; .Jant aad Serenl i.iaM'Hty; CapBons. The covenants and agreements herein contained shall bind, and the rights hercunder s~al! inure to. the respective successors and assigns of Lender a~d Borrower. subject to the provisions of paragraph 17 hereaf. All covcnants aad agreements of Borrower shaQ be joiry .and several. The captions and headings of the paragraphc of this Mortgage are fo~ convenieoce only and are not to be uud to interpret or define the provisions hereof. _ 14. Notiee. Except for aey natice reyi~ired unckr applicable law to be given in another manner. (a) any notice to Borrowe~ p~ovided for in this Mortgaee shall be given by mailing such notice by certitied mail addressed to Borrower at the Property Address or at such ather address as Bormwer may designate by notice to T.ender as provided herein, and (b) any notice to Lender shall he given hy certified maiL return receipt requested, to I.ender's address stated herein or to such ot?~er addrtss as Ltnder may deci¢nate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Bc~rmwer or Lender when given in the manner designated herein. IS. Uniform MoM~a~e; Governin~ i,a..; Sererability. 'i~is form of mortgage combines uniform covenants tor national use and non-uniform covenants with limited variaticx~s by jurisdiction to constiterte a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in -whieh the Propeny is located_ In the event that any provision or clause of thic Mortgage or the Note rnnflicts with applicable 1aw, such conflict shall not afiect other provisions of this Morlgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to he sevtrable. 16. Borrowe~s Copy. Borrower shall bc furniched a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. ' 17. Tn~sfer of t6e Property; Assumplion. If all or any part of the Property or an interest therein is sold or transferred ~ by Borrower without Lender s prior written ronsent_ excluding ta) the creation of a lien or encumbrance subordinate to this Mortgage, ~b) the creahon of a purchace. moncy cecuri~~~ interest for household appliances, (c) a transfer hy devise, - descent orby operation of law upon the cieath of a joint tenant or (dl the grant.of any leasehold interest of threc years or iess not containing an option to purchase, Lender may, a~ i.ender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have v?•;?i~~ed such option to accelerate if, prior to the sale or transfer. I_ender = and the person to whom the Property ic to be co1J or transferred reach agreement in writing that the credit of such percon F is satisfactory to Lender and that the intcrr~t papable on the sums secured by this Mortgage shall be at such rate as Lender shall rcquest. Tf Lender has waived the option to accekrate provided in this paragraph 17, and if Borrower's successor in j inte~est has extcuted a written assump~ion agreement accepted in writing by Lender, Lender shall releau Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. Lender chall mail Borrower notice of accelerateon in accordancc H~~~h paragraph 14 heroof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums doclared due. If Borrower fails to pay such sums prior to the expiration of cuch pericxl, [.ender may, without further notice or demand on H,orrower, invoke any remedies permitted by paragraph 1 R hercof. Notv-Ux~FOg~?t CovErr~rrrs. Borrower and Lender further covenant and agree as follows: ~ 18. Acctkratlos; Ren~edks. E:cep as provided io para6npA 17 bereof. npos dorrower's breac~ of s~ co~eeaat or a`recmest of Eorrower ia t6is Mort~e, includi~ tbe co~cnsats fo psy wAe~ due any sams secored 6r t6is Mort~a~e, Lender j prior to accderatba sball mail aotjce to Qorrower as provWed la para~rapA 14 hereof spc~if~: He M~eacA: (2) tl~t sction req~ir~ed to c~tne srcA brrac6: (3) a dah. not less than 30 days !rom tbe date the notke b rndled to Eorrower. bp ~+hk6 suc6 ' breath ramt be cored; ~d (4) that faildre to cnre sacb breuh o0 or before t6e date speci6ed h the uotiee may resdt ia accekratio~ of tbe sre~ secared by tbts MortaaRe, to?ecln6ure by jndicial proceedi~ and sak of tbe Property.. 71~e aotice " sh~ further i~fona Eorrower of t6e ri6M to reinstate after sccekration aad t6e riaht to as~ert je tLe forecbsrre poeeedl~ ' t6e now-existtaee of a de[sulf or anr dber defen6e of Borrower to accek~ation and foreclosore. If tbe breacM [s nof emed oa • or betore the date :peci6ed ht the notice. i.ender at I.ender•s option may declare all of the snms sec~ued bp t6ls Mort~aRe to be i~amediatdy dne and paysbk witboet fnrther demand and may foreclose th[s Morfas`e ~ jadicW pnacee~Ue~. i.endcr chall be eafided to toUcet i~ soci proceedia~ slt expenses nf foreclosere, iacladiu`, bot oof BmNed to, r~oeabk atturn~y's fees, and costs of docoa~eNary eridence. sbstrscls snd Iitk roports. 19. donower's Ri`bt to Reiaqate. Ncnwithctanding l_ender s accekration of the sums securcd by th~s Mortgage. Bonower shal! have the right to have any proccedings hegun hy [.ender to enforct this Mongage discontinued.at any teme B~RK295 ~12 . = - _ _ _ _ ~ _ _ - -