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HomeMy WebLinkAbout1664 ~ agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph Yhereof. Any atnounu disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional in- i tlebtedness 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 Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal ut?der the Dote unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or caux to be made reasonable entries upon and inspections of the Property, pro- vided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to I Lender's interest in the Property. 9. Condemnation. The praeeds of any award or claim for damages. direct or consequential. in connection with any condemnation or other eking of the Property, or part thereof, or for conveyance in lieu o[ condemnation, are hereby as- signed and shall be paid to Lender. In the event o[ a total taking o[ the Property, the proceeds shall be applied to the sums xcured by this Mortgage. with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwix agree in writing, there shall be applied to the sums xarred by this 3ortgage such proportion of the proceeds a; is equal to that proportion which the amount o[ the sums secured by this Mortgage immediately prior to the date o[ taking bears to the [air market value o[ the Property 'immediately prior to the date o[ taking, with the balance of the pro- i ceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offer to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed. Lender is authorized to collect and apply the proceeds, at Lender i option, eithet to restoration or repair of the Property or to the sums secured by this mortgage. Unless Lender and Borrower otherwix agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification o[ amortization of the sums secured by this Mortgage granted by Lender to any successor in interest o[ Borrower shall not operate to releax, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise m«lify amortization of the sums se- cured Iry this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Wailer. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by 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 o[ taxes or other liens of charges by Lender shall not be a waiter o[ Lender s right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Gtirmulative. All remedies provided in this Mortgage are distinct and cumulative to auy other right or remed)• under this 1ltortgage or afforded by law or equity, and may be exercised coucurrenth•. independently or successively. 13. Succtsson and Assigns Bound; Joint and Several Liability; Captions. "I-he covenants and agreements herein contained shall bind, and the rights hereunder shall inure- to, the respective success.ns and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and ses•eral. The captions and headings bf the paragraphs o[ this Mortgage are for com•enience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) an}• notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at dte Property Address or at such ocher address as Borrower ma}• designate b)• notice to Lender as provided herein, and (b) any notice to Lender shall be 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 ac provided herein. An}• notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for na- • tional ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This ~(ortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or claux of this Mortgage or the \ote conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which eau be given effect without the conflicting provision, and to I this end the provisions of the >iortgage and the Note are declared to be severable. i 16. Borrower's Copy. Borrower shall be furnished a conformed cop)• of the \ote and of this Mortgage at the time ~ of execution or after recordation hereof. 17. Transfer of the Property; Assumption. If all or any part of the Propern• or an interest therein is sold or trans- - ferred by Borrower without Lender's prior written mnsent, excluding (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 transfer by devise, `s 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 s less not containing an option to purchase. Lender may, at Lender s option. declare all the sums xcured by this Mortgage to i 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 tnns[etred reach agreement in writing that the credit of such person r ~ is satisfactory to Lender and that the interest payable on the sums xcutrd by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing b)• Lender. Lender shall release Borrower from all obligations under this `iortgage and the Note. i If Lender exercises such option to accelerate, Lender shat! mail Borrower notice of acceleration in accordance with paragraph 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 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. NON•UNIFOR~t CovFtvw.~rrs. Borrower and Lender further covenant and agree as follows: 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement o[ Borrower in this Mortgage, induding the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (I) dre breach; t (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may rearlt in acceleration of the sums secured by this Jortgage, foreclosure by judicial proceeding and sale o[ the Property. The ~ notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-euistence b[ a default or any other defense o[ Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclox this Mortgage by judicial proceed- ing. Lender shall be entitled to collect -in such proceeding all expenses of foreclosure, including, but not limited to, reason- . abk attorney's fees, and costs of documentary- evidence, abstracts and title reports i ao~~ 3t~6 ~~E 1663 ? _ _