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Home My WebLink About0810 Lender's written agreement or appticable law. Borrower shali pay the amount of all mortgage insurance pr~miums in the j manner provided under paragraph 2 heroof. , ' Any amounts disbursed by l.ende~ pursuant to this paragraph 7, with interest thereon, shall become additional ~ indebledness of Borrovrer secuoed by this Mohgage. Unless Borrowe~ and I.enJer a~rce to other ternu of payment~ such ' amounts shall be payabk upon notice tram I.ende~ to Borrower reques~in6 paymeot thereat, and shall bear interest fmm the ~ date of disbursement at the ratc payabk from time to time o0 outatanding principal under the Note u~less p~yment of interest at such rate would be conirary to applicabk law, in which event such amounh shall bea~ interest at the highest rate permissibk under applicabk law. Nothi~g contained in this paragraph 7 shall require I.ender to incur any expense oc take ~ any action hereunder. ' S. Iwspectlo~. i.ender may make or cause to be madt reasonabk entries upon and inspections of the Property. pmvided j that l.ender shall give Borrower nMice p~ior ta any such inspection specifying reasonabk cause therefor rclated to Lrnder's ; interest in the Property. . • F ~ 9. Coadanealba. The proceeds vf~any avvard o~ claim fo~ damaees, direct or consequential, in con~ection with any condemnation or other taking of 1h~.Property, or pa~t thercof, ar forcanveyance in lieu of candemnation. an hereby assianed and s:~all be paid to I.ender. Tn the event of a total taking af the Pmpehy, the proceeds chall be applicd to the sums secured by this Mortgage, ~ with the exceu, if any, paid to Borrower. in the cvent of a partial taking af the Property. unless Bartawer and I.ende~ otherwise agroe in writinR, therc shall be applied to the sumx securcd hy this Mortgage such proportion of the proceeds as is oqual to that proportion v?hich thc amoum ~f ~hc sumc cecured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Pmpcrty immediatety prior to the date of ulcing, with the balanoe of the proceeds paid to Borrower. ~ if the Properly is abandoned by Bor:ower, or if. after notice by i.ender to Borrower that the condemnor offen to malce an award or settle a claim for damages. Borrower fail. !o resaond to l.ender within 30 days after the date such notice is mailed. Lender ic authorized to collect and apply the proceeds, at l.ender's option, either to restoration or repair of the ProFerty or to Ih~ sums secured hy this M~rt~tage. Unless l.ender and Borrower olhenvise agree in wriUne. any s~~ch applica/ion of proceeds to prineipal shall not extend or postpone the due date of lhe monthly ioslallmcots rcfcrrcd to in paragraphs 1 and 2 hereof or change the amount of ~ch installments. I0. Borrower Nof Rekased. Exten~ion of the Iime for payment or modification of amortization of the sums secured by this MoAgage granted by I.encier to any ~uccecsor in interc~ct of Bo?rower chall nc~t ope~ate to release, in any manner. the liability of the original Borrawer a~d Borrower s succescors in interest. Lender shall not be required to commence proceedings against such successor or refuse lo ertenJ time for payment or otherwise modify amortization of ihe ~i~ms secured by Ihis Mortgage by rcason of any demand made by the orieinal Bormwer and Borrower s successors in intercu. ll. Forbearance 6y Lender Not a Wai~•er. Any forhearancc hy l.rnder in exercising any right or remedy hercimder, or othenvix aRordod by applicable law, shall not he a waiver of or preclude the exercise of any such right ar rcmedy_ The procurement of insurance or the payment of 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 ~ecured hy thic Morl~ealte. 12. Remedies Cnmulatire. All remedies ~rovided in this Mortgage are distinct and cumulative to an~ other right or remedy under this Mortgage or afTorded by law or equity, and may be erercised concurrently, independently or successively_ ' 13. Saccesso~s and Assi~os Bouad: ,loinl aad Se~•eral I.aM7ity; Captions. 'i1~e covenants and agreemen~s herein contained shall bind, and the rights her~under shall inure to. the rcspective successors and assigns of Lender a~d Borrower. subject to the provisionc of paragraph 17 hereof All covenanls and agreements of Borrower shall be joiry and several. 'Tlx captions and headings of the para¢raphc of thic M~rtgage are for convenience only and are not to be uced to interpret or define the provisions herc~f_ ld. Notice. Except for any notice rcyuired under applicable law to be give~ in another manner. (a) any notice to Borrower provided for in this Mortga¢e shall he given hy mailing such notice by certified mail addressed to Borrower at the Property Address or at such othcr addresc as Bormw•er ma~• designate b} ootice to I.ender as provided herein. and (b) any notice to Lender shall he givcn by certified mail. return receipt requested. ~o t.ender s address stated herein or to ' such other address as Lender may decignate hy n~tice to Bormwer as provided herein_ Any notice pmvided for in this Mortgage shall be .'.eemed to havc becn Fivcn to Bormwcr or 1_ender when given in the manner designated herein_ lS. Uniform Mort~aRe; Goverain~; iaw~; Severability. Thi~ form of mortgage combines uniform covenants for national ; use and non-uniform co~•enantc with limited variations h~~ juricdiction to constitute a uniform securiry instrument covering j real propeny. This Mortgage shall be governed bv ~he law• of the jurisdiction in which the Property is located_ In the event that any provision or claute of thic Mortga¢e ~~r the Note rnnflicts w~ith applicable law, such conflict shall not atiect i o~her provisions of this Mortgage or the N~~tr ~hich can be given eBect without ~the conflicting provision, and to this i end the provisions of the Mortgage and the ~Iote arc dcclared to he severable_ ` ~ 16. Borrower's Copy. Borrower shall Fx furniched 5 conformed cop} of the Note and of thic Mortgage at the time ! of execution or afrer recordation hereof. ~ 17. Tra~fer of the Properly: Acsumption. If all ar an}~ part of the Pmperty or an interest therein is sold or transferred ~ by Bonower without Lender's prior wrinrn ronsem. c~cluding lal the creation of a lien or encumbrance subardinate to this Mortgage. (bl the creat~on of a pur.:h~.c mimr~~ tecurit~• interest for household appliances, (c) a transfer by devise. descent or by operation of law• upon the ckath of a i~~int tenant or (c1~ the grant of any leasehold interest of Ihrec years or less not containing an option to purchase. Cender may. at I_ender't ap~ion, declare all the sums secured by this Mortgage to be immediately due and payable. I_ender shall have Nah•rd s~ich oplion to accelerate if, prior to the cale or transfer. I_ender and the person to whom the Property i~ ta bc .ol.l or trancferred reach agreement in writing that the credit of ~uch person ~ is satisfactory to Lender and that the interc~t pa~~able on the sums secured by this Mortgage shall be at such rate a~ I.ender r shall request_ If l.ender has waived the op~ion to accelerate provided in this paragraph 17, and if Borrower's successor in ~ interest has executed a written assumption agreement accepted in writing by 1_ender, Lender shall release Borrower from all ~ obligations under this Mortgage and the Note_ ~ If Lender exercises such option to accelerate, I.enJe~ chall mail Borrower ndice of acceleration in accordanc~ ith ~ paragraph 14 hereof. Such notice sha11 provide a pericxf of not lesc than 30 days trom the date the notice is maited w•ithin ~ which Borrower may pay th~ sums declared due. If Borrow~er fails to pay s~ich sums prior to the expiration af cuch peri~xi. Lender may, without further notice or demand on Bc?rrower. invoke any remedies permitted bY paragraph 18 hereof. ~ Notv-UN~FOrttrt CovENeHrs. Borrower and Lender further covenant and agree as follows: : l8. Acceleration; Remedks. ~xcep as prorided ia paraRnp6 19 bereof. npw Eo~ower's breacM of a~y corensnt or 3 a6reemeot of Borrower in this MortgsRe. includi~ the co~eeants to psy wheo dne aay sams secured by this MortRa~e, Lender ~ prfor to accekratbn sball mail notice to domo~+er s provWed ia pars~uaph 14 hereot specityio~: (1) the Meach:121 the action t required to cnre soc6 6rescb; (3) a date, not kss t6an 30 daYs from tbe date tbe eotice is a~kd to ~ormwer. by whicb suc~ s breac6 m~t be cared; and (4) that failnre to cure wch brrach on or before t6e date specified in tbe notke may rccult in ~ accekratios of tbe s'a~s secwed by this Mort~a~e. forecbsurc by jndkial proceedi~ aad sak ot t6e Pmperry. 'tl~e notice ; ~ shall further inform Borrowu of tbe rigM lo reinstate afler sccekration and tbe ri~ht to usert in the foreclosuro proceedi~ F ~ t6e aon-exasteace of a defanN or ~ny other defense of Borrower to accekntion and forecbwrs. If the brtxb is not cortd on _ ~ or before the date specified in t6e notice. i_ende~ at t.rnde~'s optios may declur ~ of tbe snms secnred by tbk Mart~a~ e to be _ ~ immediately due and psysble wiflwnt furiher dem~nd and may forecbse M.ts Morf;a~e by jndicial proceediu~. I.ender chall ~ be eutitled to cdkct in sac~ procecdinR a~ e:penses of foreclosere. inclndi~. bnt ~ot liaiited to. reasonsbk rttnrnr~'s fees. ~ and costs of.~wc:~oeatary evideace. abstracts aod ~itk reports. E ~ 19. Eorrowe~'s R~6t to Reinstate. NotK•ithstanding l.ender s accderation of the sums securcd by ~h~~ Mortgage, ~ Borrower shall have the right to have any procecd~ngs hc~un ~y 1_ender to enforce this Mortgaqe discontinued .~t an~• time F ~ ~ f p ~ SL'P~, cK1~ rAfE OVa7~ ~ - - ~