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HomeMy WebLinkAbout0163 _ _ ~ , ~ , , ~ . Lendcr': written a~tament or applicab{e law. Borrower afial) pay thc amount of ail mort~a~e insurance prcmiums in the manner p~ovided u~de~ para~~aph 2 hercof. Any ama~nb disbursed by I.cnde~ punuant to tha paragraph 7. with interat thereon. shall become additionsl ~ inikb~ednas of Borrower securcd by lhis Mort~age. Unless Borrower aod I.enJer agr+eo to other tetms of payment. such ; amou~ts shall be psyabk upoa notice from I.ender to Borrower requesting payment thereof, and shall bear interest trom the ~ dAte of disbursemeot at the rate payabk from time to timc oe out~tanding p~incipal under the Note unkss p~?yment ot interest at such rate wontd be contrary to applicsble law. in which event such smounts shall besr intere~t at the highest rate j permiuibk under applicabb law. Nothing contained in this paragnph 7 shali rcquir+e Lender to incur a~y expense or take } any sction hereunde~. } S. iwt~ecdoe. Leader may make or cause to be made reasonable entriec upon and i~spections of the Prope~ty, Q~ovided that Lsnder shall give~Borrower notice prior to any such inspection specifying rcasonabk cause thercfor related to Ler~der's ~ interest in the Froperty. 9. Co~de~ansfioe. 71~e procced~ o[ a~y award or claim ~or damages, dircct or consequentia{, in connection with any condemnation or dher taking of the Propeny, or part thereof, or tor conveyance in lieu of condemnation, Are hereby assigned and sfial( be paid to l.endcr. irt tl+e event of • to1a1 taking of tfie Fropor~y. tfie proceeds sha11 !x applied to the cums secured by t?~is Mortgage. ~ with the czcess. if any. paid to Borrovrcr. In the event of a partial taking ut the Property. unless Borrowe~ and Lender otherwise agree in writing. Ihere shall be applicd to the sums secured by this Mortgage such propoMion of the proceeds ~ as.is equa{ to that proportion which the amount of the sums securcd by this Mongage immediately prior fo the date of ~ taking bears to the fai~ ma~ket value o! the Property +mmcdiately priar to the date of taking, with thc balance of tfic proceeds paid to Bornower. If the Property is abandoned by Bonower, or if, after notice by I.ender to Bornower thit the con&mnor oBen to make an award ar settk a claim for damages, Borrower tails to respond to I_ender within 30 days after the date such natice is . mailed, Lende: is s~uthoriud to colkct and apply the proceeds, at I.ender's optian, either to ratoration oT npair of tfie Propeny or to the sums securcd by this ~Mortgagc. = Unkss Lende~ and Borrower othenvise agrce in w•riting. any such application of p~oceeds to principal shall not extend or postpone the due data of the monthly installments nierrcd to in paragraphs 1 and 2 hercof or change the amount of such . instal lments. . 10. Sorrower Nof Rekased. Extension of the time for payment or modiflcation of amortization of the su~1s securcd by tfiis Martgage granted by Lender to any successor in intcrest of Bc~rrower shall not operatc to oelease. in any manner. ihe liability of the o~iginal Borrovrer and Borrower's succescorc in interest. Lender shali not be rcquired to commence proceedings against such successor or refusc ta extend time for payment or otherwise modify amonization af the suttu secured by this Mortgage .by reason of any demand made by the oriqinal Borrower and Borrower's successors in intercst. ~ 11. Forbeat~ce bp I.eader NM ~ Wairer. Any forhesrance hy I.ender in exercising any right or remedy herounder, or _ otherwise aRorded by .applicable law, shall not be ~ waiver of or preclude the exercise of any such right or remody. The procurement of insurance or the payment of taxes or other liens or charges by I.ender shall not be a waiver of I.ende~s ~ right to accelerate the maturity of the indebtednesc cecurcd hy thic Mortgage. 12. Remedks Comalsthe. All nmtdies pmvided in lfiis Morigage arc distinct and cumulative to any other right or rcmeJy ur~der this Mortgage or afTorded by law c~r equity, and may t~e exercised concurrently, independent{y or successivefy. 13. Ssecessors and Assigns Dound; lofal and Se~erd t.iability: CapHons. The covenants and agreements herein cootained chali bind, and the ri~thts hereunder shall inure to, the rcspective succeuors and assigns of Lenckr and Borrower. subject to the provisions at paragraph 17 hereof. AI{ covenants and agreementc of 8orrower shall be joint and several. The captions and headings of the paragraphc of this Mortgage arc for conve~ieace only aod are not to be used to interpret or define ihe provisior~s hereof. 14. NMice. Except for any notice rcquircd under applicable laa• to be given in another manner. (a) any notice to Rorrower provided [o~ in this Mortgage shall be given bY mailing such notice by certified mail addressed to Borrower at the PropeRy Addrcss or at such other address as Bormwer may designate by no~ice •to I.ender as provided herei~, and (t~l any notice to Lender shall be given by certifiecl mail, retum receipt requested. to l.ender s address stated herein or to such other address as Lendefi may designate by notire to Borrow•cr as provided herein. Any notice provided for in this . Mortgage shall tx deemed to have been give~ to Bo~rower or t.ender when given in the manner d~signated herein. 1S: Uaiform Mo~fAsse; Go~erni~ Law: Severnbility. This form of mortgage combines uniform covenants for national _ use and non-uniform covenants with limiteJ variations by jurisdiction to constitute a uniform security instrument rnvering real prapeny. This Mortgage sfial{ be governed hy the law of the juriuiiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note coaflicts with applicable law, such conflict sha11 not aftect other provisions of this Mortgage or the Note which can be given effec~ wi~hout the conflicting provision. and to this end the provisions of Ihe Mortgage and the Note are Jcclargd to be severable. 16. Bomowe~'s Copy. Bormwer shall bc furnished a conformtd copy of the Note and of this Mortgage at the time of eaecution or after recordation hereof. 17. ~ansfer ot tLe Propet~fy: Assumptbo. lf all or am• part of the Property or an interest therein is sold or transferred by• Borrower without L,ender's prior written consent, excluding (al ti~e creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for housefiofd appliances. (c) a transf~r by devise. descent or by operation of law upc~n the cieath of a joint tenant or (Jl the grant of any leasehold interest of three years or less not containing an option to purchase, I_ender may. at Lender's oplion, declare all the sums secured by this Mortgag4 to be ~ immediately due and payable. i.endtr shall have waived such option to accekrate if..prior to the sale or transfer, Lendet and thrpenon to whom the Property is to be sold or trans[er~ed reach agreement in writing that the credit of sucfi person i is satisfactory to I.ender and that the interest payable on the sums secured by this Mortgage shall be at such rate as I.endet i. shail rcquest. If Lender has waived the option to accelerate ~provided in this paragraph 17, and if Bonower's successor in ~ interest haz executed a written assumption agreement accepted in writing by I~nckr, l.enckr shall release Borrower from all ~ obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. I.enckr shall mail Borrower notice of acceleration in accordance wilh. paragraph 14 hereof. Such notice shall. providt a period of not less than 30 days from the date the notice is mailed within ~ which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. £ Lender may, without further notice or demand on E3orrower, invoke any remedies permitteci by paragraph 18 htrcof, r ~ Norr-UNtfortM CovEH~rrrs. Borrowet and f_ender furifier ~covenant and agrce as followa: ~ 18. Accelentioo; Remedia. Escept as pmrided ia paraRrsp6 ll bcred, ~rpon sorrowe~s breach ot anr coreaast or - ~ a~reement ot Eorr+ower fa thi~ Mwt~e, inclndlrg the coveaAets to pay wbeo dre aay sums secu~ed by thk Morts~ge, Lendu pdor to accderatbn s~dl mail uotke to Borrower a~ prorWed Is puaRrspl~ 14 benof specN~: (1) the b~+eachi t2) t0e actioa reqaired b cnre sach breacb; t~ a d~a not le~ tbaw 30 days from the date the aotfce M a~ailed to Borrower, by wblc6 sneb breacb mmt be crned; aad (1) that failere eo cnre sacb bresch oa or before tl~e date specf~ed is tae notke ~y raoh h sccdentbo ot tbe snois mQred by t`b Mort~e, foreclosure b~' jndkW ProceedloR aad sak of the Prope~. 1be aotice shaq tnrthe~ iaform aorrnwer of the ri~4t to ninstate dter sccekr~tion aad tbe risbt to areA h tbe to~tcbwro pracee~ 1Ye eon-existesce of a det~~dt or ~oy dber defeme oi E~ower to acceknidioe and toreclowre. K the breacb is oot cored ou or 6efore tbe dste s~eciSed fe tbe notke. Leader at Leader's optbs decbre aq of tbe saaws secored by tl~is Mort`a~e to be im~tely dne srrd psya6k ..itboot farl6er demaod and may fmticlwe r6b Mort~e by ludlcW p~oc~. i.euder s6aN be eotitled to colket is socb proceedla` all espe~es ot toreclosare, ioclndEnj. bat ~ot 1i~ked to, reaeoeabk ~tiorsef's fees, ~ aei coits ot doc~meatary eridence, abstrscb aod tiNe, rePuMs. ; l9. Sorrower's Ri~t to ReieNate. Notwithstanding Le~der s acceleratioc? of the sums securcd by this Mortgage, ; Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time ; ~ ii ~ ~ ~~~~~9 ~ ~ _ - _ ~ ; - . . . _ . _ m_