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HomeMy WebLinkAbout2696 ' . ~ Lender's written agreement ox applicable law. Borrower shall pay the amount of all iriortgaje.iasuranoe premiums in fife manner provided under paragraph 2 hereof. Any amounts disbursed by lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrov~er requesting payment thereof, and shall bear interest tray the date of disbursement at the ate payable from time to time on out:landing principal under the Note unless payment o[ _ interest at such ate would be contary to applicable law, in which event such amounts shall bear interest at the highest rate permi:sibk under applicable law. Nothing contained in this paragaph 7 :hall require i.enoler to incur say expeme or take any soften hereunder. R Irpecliw. Lender may make or setae to be made reasonable entries upon and inspections of the PropeAy. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to t.atdet's interest in the Property. • f • tag ~ t s•- Coaietwastba, The pt3ocecds of'any award•or claim for damages, direct or consequential, is connection with say condemnation or other taking of the Property, w pare thereof, or for conveyance in lieu of condemnation. are hereby ttaigtted and shall be paid to Lender. in the event of a total taking of the Property, the proceeds Shall be applied to the sums srcur+ed by this Mortgage. with the excess, if any, paid to Borrower. In the event of a partial taking of the~Froperty. unless Borrower and Leader otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the data o[ taking bears to the fair market value of the Properly immediately prior to the date of taking, with the balance of the procaedt paid to Borrower. , If the Property is abandoned by Borrower. or it. after notice by Lender to Borrower that the condemnor oQeo to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the data such notice is mailed, Lender K authorized to collect and apply the proceeds. at Lender's option, either to restoration or reek of the Property or tot the sums secured by -this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extad or postpone the due date of the monthly installmrnts referred to in paragraph: 1 and 2~hereof or change ;lee amount of such installments. 10. tterr~ower Notf Released. I:actension of the time for payment or modification of amortization of the somas secured by this Mortgage gaoled by Lender to any successor in interest of Borrower shag not operate to release, in say manner. the liability of the original Borrower and Borrower s successors in interest. Lender shall not be required. to commentx proceedings against such successor a refuse to extend time for payment or otherwise ntotdify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. I1. Forbearance b Leader Not s waive!. Any forbearance by Lender in exercising any right or remedy herantder, or otherwise afforded by applicable law, .shall rat be a waiver of or procludc the exercise of any such right or remedy. The procurement of insurattx or the payment of taxes or other liens a charges by Lender shall not be a waiver of Latch's right to sccekate the maturity of the indebtedness secured by this Mortgage. It Res~eiiea CtratndNve. All remedies provided in this Mortgage are dtstittct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, iitokpettdently or sttecessively. ' 13. Soceesaora sssi Assigns >forrwi: Joint aai Several i.isbiftyt Captive. The covenants and agreements herein contained shall bind, and the rights hereunder shall inuug to, the.resptxtive successors and assigns of Lender and Borrower. subject to the provisions of paragaph 17 hereof. Atl covenants and agreements of Borrower shall be jary and several. The. captions' and headings of the paragraphs of this Mortgage arc for convrniettce only sad are not to lk used to interpret or define the provisions hereof. 14. Nottke: Except [or any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be givrn by mailing such notice by certified mail addressed to Borrower at the Property.Address or at such dher address as Borrower may designate by notice to Tender as provided herein, and (b)~ any notice to Lender shall he given by certified mail, return receipt requested. to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower- as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. ls. Uaitot~ Mortgage; t,.oiveraitpt Law; Serersbility, This form of mortgage combines uniform covenants for national use and rton-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering teal property. This Mortgage :!tall be governed by the law of the jurisdiction in which the Property g located. In the event that any provision or clause o>F this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be givrn effect without the conflicting provision. and to this end the provisions of the Mortgage and the Note arc declared to be severable. lfi. Itorrswers Copt. Borrower shall be furnished a conformed copy of the Note sad of this Mortgage at the time of execution or after recordation hereof. 17..Tratrter of ere )roperty; Aswatptiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien a encumbance subordinate to f this Mortgage, tb) the crcat~on of a purchase money security interest for household appliances. (c) a tansfer by devise. ~ descent or by operatan 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 ail the sums secured by this Mortgsge to be ~ immediately due and payable. Lender shall have waived arch option to secekrate if. prior to the sale a transfer. Lender artd the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waived the option to accelerate provided in this psagaph 17, and if Borrower s succeiwr in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obl~stioas under this Mortgage and the Notc. If Lender exercises such option to scceknte, Lender shall mail Borrower notice of sccekation in aceordancr with psagaph 14 hereof. 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 wms declarttd due. if Borrower tails to pay such sums prior to the expiation of such period, Lender stay. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NoN•Ut+ttrottnr Covt=.Hatrrs. Borrower and Lender further covenant and ap+ee as foBarns: s 1=. Aeeelesattsst: Resaedfa. Except sti proviisc ir, Nesga'r 17 itereot. upon >fornwes'a 6rteaeti of say covetwit K agreetsteat of >Mrs+swer r tris Mostlgage, laeltifrtg ere teveasrtls b !n' whet. tae •l' stnas seewtei ti Nei 1ltsrtxage. Crater M aeeeleratisa srsR aWl wetke to ionswer st: provliN r paapslr 14 teasel geeYyisgt (1) ere rssaer; ere setMa spti~ei 1a etrre s¦ei iseae~ t3) • dale, slot less Bart 3i days trttas ere date !tie aatiee r t~aisi M •serawer. b wrfeti stet lsaaeti ttsrtst re estrs~ sail (4)ltiat laWrtt N ease veer rreser oss or relerc Ire date .~erei r ere aetiee ~ resrrM i• stceeleradtru of Ire stir aeesrsd b ~ Moslgsge. fiseclawre b jniieW psoesaiiag aai sale aft Nee ho*erty. '!tie ashes sW Mrer intort• lostrawer et Ire rlRrt N seiaslalt liter tiecdesMfou aai trs rlgrl 1o sasert is !tie toaelawe prse~ee~ttg Itie pots:iM~etate st a defs>.If or aq otter defense of ioerowetr to scteiesafieu anti tareelowre. B Nee re~caer b cwt csrei Mt t ~ ar rsleese Ire late ysciiei fi ere aotke. Leveret at I.eaier's optiow say ieelase sit et ere nws seswsi b fris 1Mest;alpe to k i~ttlteiiaky itre rani eyrie .rilrott ttsrlrer demand aai .fay rreeio.e Iris Mssesage b 1ti+kW rmaee+VR. Leader .rail ~ ra esitidsi N eatleet V nor pseeeeii.g ar e:'eases of f~reclesttrq tacirii.g, rut oaf Itttsitsi fe, reaaaaarle s+ttwaer's Eves. sssi esNs at ist:atteatary eviissce. arstrseb sssi Title reMrb. € 1!. lisssowa'a Rijn a Reishfe. NotwithstandinE Leaders atxekrstion of the swrts secured by thn Mortgage, 4 Borrower shall have the right to have any proceedings beEun by Lender to enters the Motngage discontinued u any time BOOK t~lJt~ PIICE~i7~ r. x ~ - _ -