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HomeMy WebLinkAbout0550 .S . . y Lender's written agceement or applicable law. Borrowcr shall pay the amount of all morigage inswaace premiums in the maaner provided under paragraph 2 hertof. Any amounts dis~ursed by Lender pursuant to tha parag~aph with interest thereon. shal) become additional indebtedness of Borrower securcd by this Mongage. Unless Borrowe~ and Lender agcoe to other tecros of payment. such amounts shall be payabte upon notice from Lender to Borrower requesting payment thercof. aad shall bear interest fm~n the date of disburseme~t at the rate payabk f~om time to time on outatanding pri~cipal ~nder the Note unless payment of interest at auch rste would be contrary to applirable law, in which event such amounta shall bear interest at the highest rate permissibk unde~ applicabk law. Nothing contained in this paragraph 7 shall require Lender to inrur any expense or take any 'on henunder. . Ia~ecdw~. Le~der may make or cause to be made reasonable eotries upon and inspections of the Property. provided der shall give Bo(rower notice prior to any such inspectio~f apeCifyin~ reaaonabk cause thenfor related to Lender': inte in the Property. ~ ~ 9. Condemasdoo. 71~e prceeeds of any award or claim for damages. diroct or consequential, in connxtion with any condemnation or other taki~g of the Prope~-ty. or part thercof, or for eonveyance in lieu of condemnation, are hereby assigned ~ and shall be paid to Lender. In the event oE a total taking of the Propeny, the proceeds shall be applied to the sums secured by this Mongage, with the exoess, if any, paid to BoROwer. In the event of a partial taking of the Property, unless Borcower aod I.ender othervvise agree i~ writing, there shall be applied to the sums secured by this Mortgage such proportion of the proaeds u is oqual to that proportion which the amount of the sums secured by this Mortgage immediately p~ior to the date of taking bears to the fair market value of the Property immediately prior to the date of aking, with the balance of the proceeds paid to Borrower. If the Property? is aba~doned by Borrower, or if, after noticaby Lender to Borrower that the condentrwr otiera to make an award or settk a claim for damages, Borrower fails to rcspond to Lender within 30 days after the date such notice is mailed, I.~nde~ is authoriud to rnllect aod apply the proceeds, at Lender's option. either to ratoration or npair of the Pmperty or to the sums secured by this Mort~tage. Unleas Lender and Borrower otherwise agree in writiog, any such application of proceeds to principal shall not extend or postpon, 1he due date of the monthly installments referred to in paragraphs 1 and 2 hereof or chang~ the amount of such instaHmenu. 10. Horrower Not Reka~ed. Extension of the time for payment or modiflcatio~•tif amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to rekase, in any manner, the liability of the original BorcovYer aod Borrower s successors in interest. I.ender shall not be required to commence proceedin~ against such successor or refuse to ettend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Bonower's successon in interes~ l l. Fo~ai~nce by Lender Not a Wdver. Any forbearance by Lender in exercising any right or remedy hereunder, or othenvix aftorded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. The praurement of iruuraace 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 indebtedness secured hy this Mortgage. l2. Rea~edks Cemuhti~e. All rcmedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mongage or atforded by taw or equity, and may be exercised concurrently, independently or successively. l3. 3eccessors aad Assigas aonwd; JoMt aad Serend i3ability; Captbns. The rnvenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Bomuwer, subject to tha provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mongage are for convenience only and are not to be usod to interpret or deRne the provisions htrcof. 11. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Addrcss or at such other address as Borrower may designate by notice to i~nder as provided herein. and - (b) any notice to Lender shap be given by certified mail, retum receipt requested. to Lender's address statcd herein or to such other address as Lender may designate by notice to Borrower as provided her~ein. Any notia provided for in this Mortgage shall be deemed to havt been given to Borrower or Lender when given in the man~er designated herein. lS. Uniform Mortgs~e: Governing I.aw; Severabil~ty. This form of mortgage combines uniform covenants for national I use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument oovering = real propeny. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In t6e ~ event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not aHert other provisions of this Mortgage or the Note which can be given efiect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared ta be severable. G 16. Bomuwer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time ~ of execution or after recordation hereof. 17. Transfer of t6e Property: Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without I.ender's prior written conse~t, ezcluding (a) the creation of a lien or encumbrance subordinate to ~ this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfcr by devise, ~ descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less ~ not containing an option to purchase, Lender may. at Lender's option. declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that- the c~edit of such penon is satisfactory to I.ender and that the interest payable on the sums secured by this Mortgage shall be at such rate as I.ender shall request. if I.ender has waivod the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has eaecuted a written auumption agreement accepted in writing by Lender. Lender shall reiease Borrower from all obligations under this Mortgage and the Note. If Lender ezercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hercof. 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 declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. ~ Norr-UrrtFORt~c Covex~wrs. Borrower and Lender further covenant and agree u follows: ~ ~ 18. Accdee~ioo; Remedia. Fscept as provlded ta paragraph 17 hereof, upoo Eorrower'~ breac6 of aay eo~eomt ot ~ a~reea~ent of Eorrower M thk Mort~a~e,ladodi~ t~e coveaaAts to pay wbee dee aay sams sa~red br t6is Mort~a~e, Lender ~ Prior to accderatfo~ sbsll mail notke b sorror?er a~ pro~ided ia p~n~raph l4 bereof spccifyia~: (1) ttie breacl~: t2) tbe sctioe ~ reqotred to care soc6 breacly (3) a date, not las t1~an 30 daya Eram tLe date tbe notke b waDed to Dorro~vu, by w~i soc? - ~ breac6 mo~t be cured; aod (4) tbat hilore to cnre soc6 bresch on or before t6e date spcci6ed ie tbe notke ~ea7 radt b ~ secderaioo ot tbe soms iecued by this Mortsa~e. forecbwre by jadkia! proceediu~ a.d sak ot tbe Property. 'Itit ootke ~ s~al1 fart6er iaform Dorrowa of the ~6t to reinstate dter accderstbo aad tLe ri~6t to a~eN ia tYe for+eclos~e ~ ' tLe noo-~ideoce of ~ deh~k or aay otaer defea~e of Borrower to accekratbo aad foreclosare. U t6e 6rescl~ i~ aot cared oe j ~ or before the date spec~ed io t6e notice, I.ender at i.eader's optba~may declare aH of t6e sams sa~tued by thk Mort~a~e tio be ~ ia~medhtdy dae and p~yabk wit6oot fort6er deaiand aod may forecbae t~ts Mortta~e b~ ~ndicial peocee~. I.~adN s6aY ' be ~ to eollect ie sacr proceedin` aB e:pe~a of foreclosnre, iacludias, 6ot oot Wnited to, ra~sooabk attoroe~'t fea, ' ~ aad cab ~ docameatary e~idence. sbdracb asd dtle reports. 19. dorrower's Rt~ht to Rel~tate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. ~ Bonower shall have the right to have any proccedings begun by Lender to enforce this Mortgage discontinued at any time g~~K3U~ 550 . ~ y ti W ~y,. 'r^~ l't r ~ ~ . 'a . ,y~s, ~ - ~ ~ s~ a .t ,