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HomeMy WebLinkAbout0266 .i ~ l.ender i written agreeme~t or appiicabk law. Bo~rower shall pay the amount o[ all mortgage insurance prcmiums in the mannc~ provideJ under paragraph 2 hereof. Any amounts disbuned by 1_codet pursuant to thia paragraph 7, with interest thercon, shall become additio~al indebtedness of Borrower securcd hy this Mor~gage. Unlcss Borrower and I.enJer agree to othe~ tertns of payment~ such amounts shall be payabk upn~ notice from i.ender to Borrowcr requesting payment Ihercof, and shall bear interest fmm the date of disbursement at the rntc payahk fram timc to time an outstanding principal unde~ the Note unkss payma~t ot interest at such rate would be contrnrv to applicable law, in which eve~t such amounts shall bear interest at the highest rate permissibk under applicabk law. Nathing containtd in this pa~agraph 7 shall rcquit~e i.ender to incur any expease or talce any actio~ hereunder. s. Iwspeclio~: l.ender may makc or cause to 1+e made rcasonabk cotriec upon and inspections of the Property. providod that l.eoder shall give Borrower ncuKe prio~ ta any s~~ch inspection specifying reasonabk cause therefor related to Lende~'s interest in the Property. ~ 9. Coademaatioa. The proce~ c~f any award or claim for damages, direct or consequential, in connoction with any condemnation or other taking of the Property, or part tfiercof, ar for a~nveyance in lieu of condemnation, are hereby assigned and shall be paid ta I_ender. ' In the event of a total taking of the Propeny, the proceeds ~hall be applied to the soms secured by this Martgsge, with the excess, if any, paid to Borrower. in the event of a partial taking of the Property. unkss Bomower and Lender otherwice agree in writing. there shall be applied to the sums secured by ihis Mortgage such proportion of the proceeds as is equal to that proporiian w•hich the am~~uM i~( the 3umc secured 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 balance of the ptuceeds paid to Borrower. if tht Property is ahandoncd by Borrower. or if. after nntice by l.ender ta Bormwer lhat the condemnor ol[ers to malte an award or settle a claim far damages. B~rrower fail. to res~nd to t_ender within 30 days after ihe date such notice is mailed. Lender is authorized to collecl and apply the proceeds, at I.ende~ s option, either to restoration or repair of the Property or to the sums secured by this Mor~gagc. ' Unlesc I_ender and Borrower otherwice agree in u•riting. any xuch application of proceeds to principal shall not extend or postpone the due date of the monthly installmcnts re(errcd to in paragraphs 1 and 2 hereof or change the amount of such instaliments: - -10. Borrower Not Rekssed. Extension of the time for payment or modificatior of amortization of the sums secuttd by this Mortgage granted by I.ender to an<< cuccecu~r in interett af Borrower shall nat operate to release. in a~y manner. the liability of the original Borrower and Bc~rrower'~ succesu~rc in interest. l_enekr shall not be required to commence proceedings against such successor or refuce to ertenJ time for payment or otherwise modify amortizat~on of thr wms secured by this Mortgagt by rcason of any demand made by the ori~inal Bonower and $orrower s successon in interect. I1. Forbearance by Lender Not a yVaiver. Any f~~rhearance by 1_ender in exercicing any right or remedy hereunder, or othetwise afTordtd hy applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment oi taxes or other liens or charges by I_ender shall not be a waiver of Lender's right to accelerate the maturity of the indebtednecs cecured h~• thic Mortgage. 12. Remedks Cumulati~e. All remeclies pro~•ided in thic Mortgage are distinct and cumulative to any other right or remedy onder this Mortgage or aftorded hy law or equity. and may be exercised rnncurrently, independently or successively. ' 13. Successors and AssiRns Bonnd: .7ant and Se~•eral i.iaM'lity; Captions. 'T~e covenants and agreements hercin contained shall bind, and the righls hercunder shall inurc to. the respective succecsors and assigns of Lender apd Borrower. subject to the provisions of paragraph 17 hercof. All covenants and agreementx of Borrower shall be joiry and several. 'il~e captions and headings of the paragraphc of thic Mortgage are for convenience only and are not to be used to interpret or define the provisionc hereof. Id. Notice. Except for any notice rcyuired unckr applicable law fo be given in another manner, (a) any notice to Borrower provided for in this Mortgaee shall he given by mailing such notice by certified mail addressed to Borrower at . the Property Address or at such other addre~c as Borr~v?•er mav designate by notice to I.ender as provided herein, and (b) any notice to Lender shall be given by ceFtificel mail. retum receipt requected. ~o I.ender s address stated herein or to such other address as Lender ma?~ deai¢nate by n~tice tc• Borrower as provided herein. Any notice pmvided for in this Mortgage shall be deemed to havc t+een givcn to Borrowcr ar I_cnder when given i~ the manner designated hercin. 1S. Uniform Mort~a~e; Gor•ernin~ Iaw•: Se~~errbilit}•. This form of mortgage combines uniform covenants for national use and non-uniform rnvenamc with limited variations h~~ juricdirtion to constitute a uniform security instrument covering ; real property. This Mortgage shall t~e governed hv the law of the jurisdiction in whith the Property is located. In the event that any provision or clauce of thi~ Mortbage e.r ~he Note conflicts with applicable law, such conflict shaq not affiect ! other provisions of Ihis Mortgage or thr N~~te which can be given efiect wilhout the conflicting provision, and ta this ; end the provisions of the Mortgagc and the V.,te arc Jeclared to he severable. l6. Borrowe~'~, Copy. BorroK•er shall t+c furni~hed a conformed copy of the Note and of this Mortgage at the time ' of execution or after recordation hereaf_ ! 17. Transfer of the Propertv: Ascumption. If alf or am• part of the Property or an interest therein is sold or transferred ~ by Borrower without Lender's prior writ~rn concent. extluding lal the creation of a lien or encumbrance subordinate to ~ this Mortgage. (b) the creat~on of a purcha.e mi~nr~• ~ecurit}• interest for household appliances, (c) a transfer hy devise. descent or by operation of IaN~ upon the death ~~f a ja~nt tenant or (d? the grant of any leasehold imerest of thrcc ~~ears or lect not containing an option to purchase. Lender may. at t_ender'~ option, declare all the sums secured by this Mortgage to be ' immediately due and payable. Lcnder shall have N;~i~~rd ~urh option to accelerate if, prior to the ~ale or transfer. I.ender ~ and the person to whom the Property i; t~. be :olJ ~?r ~ransferred reach agreement in writing that the credi~ of wch person ~ is satisfactory to Lender and that the interc.t pa~•able on the sums secured by thic Mortgage shall be at such rate a~ I_ender ~ shall request. If l.ender has waived the option to accelerate prrnided in this paragraph 17, and if Borrower's successor in ~ 3 interest has executed a written assumption agreement accepted in writing by I.ender, [.ender shall release Borrower from all ~ obligations under this Morigage and the Note. a If Lender exercises such option to accelerate. I.ender chall mail Borrower notice of acceleration in aeeordanc~ ~.•~th _ ~ paragraph 14 hereof. Such notice shall provide a pericxi of no~ lesc 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 soms prior to the expiration of wch pericxl, ~ Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 1R hereof. ~ 3 NoN-UN~FORnt CoveN~tv7s. Borrower and Lender further covenaot and agree as follows: x 18. Acceleratba; Remedies. E:cept 9s pm~ided in paragnph 17 bereof, npoa Eorrower's breacb of any coveaaat or y agreemeat of Borrower ia tbis Mortgage. includia~ the corenants to pay when due any snms secored by this Mortgage. I.ender prior to sccekntbo shall mail notice to Borrower as provMcd In paragraph 10 hereof specityioa: (1) the bresch:/2) the action required to cure such brrac6; (3) a date. not less than 30 days imm the date t6e notice ~S mafkd to Eorrower, by whicl~ wch breach mwt be cored; and (4) that faiiure to cure such breach on or beforc the date specified io ehe notice may recult ia accekration of the waRS secured by this Mortgage. toreclosure bY judicial proceedi~ and sak of the Property. 77ie notice I - shap further inform Sorrower of the rqsbt to ninsfafe after sccekration and the ~ht lo assert in the foreclosure proccedit~ 1 - t6t non-e:istence of a defauif or any other defense of Borrower to scceleration and forecbsure. If tbe brcach is not cnred o~ ~ _ or before the date specified in the notice. I.ender at I.rnder's oplion may declsre sq of the sums secnred by this Mortga~e to be i immediately due and payabk without further demand and may foreclose th~ Mo~a~t by judicial proetedin~. Lender chall be eotitltd to rn0ect in sach proceeding all e:penses nf foreclosure. includiog. but aot limited to. reasonabk s~t~,rnev's fees. ~ and cosLs of documentary evidenct, ab~stracts and title reporis. ~ l9. DorrowePs Ri6ht to Reinstste. Notw~ith~tandin~ Lender's accekration of the sums securcd by th~s Mortgage, i y E3orrower shaU have the right to have any proce~ding, he fun ~y t.ender to enforce this Mortgage discontinued at any time I ~ ; BooK 301 PA~ 26~ ~ ~ - _ - _ ~ ` ~4v~:~~~~ ~ ~ , _ ~~T~~~... . , ~ - ~ ~ ~ ~ ? _~a = _