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HomeMy WebLinkAbout1580 • ~ ; agreement or applicable law. Borrower shall pay the amount of all mortgage utsurance premiums m the manner Pr tded under paragraph 2 hereof. - Any amounts disbursed by Lender pursuant to this paragraph with interest thereon, shall become additional in- debtedness of Borrower secural 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 wuler the Note unless pa}•ment of interest at such rate would be contrary to applicable law, in which event such amounts shall hear intereu at the highest rate prrmissible under applicable law. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any action hereunder. 8. Irtspeetion. Lender may make or cause to be made reasonable entries upon slut inspections of the Property, pro- vided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders interest in the Property. 9. Condemnation. The proceeds o[ any award or claim for damages, direct or consequential, in connection with any condemnation or other taking o[ the Property, or part thereof, or for conveyance in lieu of condemtation, are hereby as- signed and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied the sums secured by this Mortgage, with the excess, if any, paid to Borrower. ]n the event o[ a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds i as is equal to that proportion which the amount o[ the sums secured by this Mortgage immediately prior to the date of taking bean to the fair market a•alue o[ the Property immediately prior to the date of taking. with the balance o[ the pro- coeds paid to Borrower. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the condemnor offer to make an award or settle a claim [or damages, Borrower fails to respond to Lender within 30 days alter the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option. either to restoration or repair of the Property or to the sums secured by this Mortgage. - Uttlcss Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend nr postpone the due dace of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. i 10. Borrower Not Released. Extension o[ the time [or pa}•ment or modification of amortization o[ the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors iu interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization n[ the sums se- cured by this Mortgage b}• reason of any demand made by the original Borrower and Borrower's successors in interest. ll. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waia•er r.f or preclude the exercise of an}• such right or mmed}•. The procurement of insurance or the payment o[ taxes or other liens or charges by Lender shall not Fx• a waiver of Lender's tight to accelerate the mantrity of the indebtedness secures[ by this \iortgage.~ 12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and ntmulatiwe to aua• other right or remedy under this Mortgage or afforded by law or equity, and may he exercised concurrently, independently or successively. 13. Successor 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 respectiae succeswrs and assigns of Lender and Borrower, subject to the pma•isions of paragraph 17 hereof. :111 coaertants and agreements n( Bonoaver shall be joint and seaeral. The captions and headings of the paragraphs of this Mortgage are for cona-enience only and are not to he used to interpret or define the proaisions hereof. - 14. Notice. Except for any notice required under applicable law to be gia•en in another manner. (a) any notice to Borrower proa•ided for in this Mortgage shall be given by mailing such notice bw certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate ba• notice to Lender as proa•ided 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 as proa•ided herein_ Any notice pma•ided for in this \lortgage 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 o[ mortgage ombines uniform covenants for na- tional use and non-uniform coaenants with limited variations be jurisdiction to con. itute a uniform securita• instrument cowering real property. This Mortgage shall be governed by the law of the juriulicti~ ~ in which the Propertw is located. In the event that any provision or clause nt this Mortgage or the \ote conflicts with a ~licahle laas•. SUCK conflict shall not affect other provisions o[ this Mortgage or the \ote which can be given effect without cr conflicting provision, and to this end the provisions o[ the Mortgage and the '_~'ote are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed cop}' of the Note and of this ~tortRage at the time E n( execution or after recordation hereof. 17. Transfer of the Property; Assumption. I[ all or arc part o[ the Property or an interest therein is sold or trans- ferred by Borroaer without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money securih- interest for household appliances. (c) a transfer by devise. descent or b}• operation of law upon the death of a joint tenant or (d) the grant of arc leasehold interest of three }•ears or ( less not containing an option to purchase. Lender may. at Lender's option, declare all the sums secured b}• this Mortgage to ~ be immediately due and payable. Lender shall haa•e 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 credit o[ such person is satisfactory to Lender and that the interest payable on the sums secured by this ltortRaRe shall be at such rate as Lender shall request. If Lender has waived the option to accelerate proa•idcd in this paragraph 17. anti if Borrower's successor in interest has executed'a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with i paragraph 14 hereof. Such notice shall proa•ide a period of not Less than 30 da}•s (mm the date the notice is mailed within which Borrower may pay the sums declared due. if Borrower (ails to pa}• such sums prig to the expiration of such period. Lender may, without further notice or demand oft Borrower. inaoke any tmedies permitted by paragraph 18 hereof. NOX-U\IrOR>t COVexwtrrs. Borrower and Lender further covenant and agree as follows: i 18. Acceleration; Remedies. E:cept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement o[ Borrower in this :lortgage, including 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 spxcifying: (1) the breach; (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 result in acceleration o[ the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower o[ the right to reinstate after acceleration and the right to assert in the foreclosure S praeeding the non-existence of a default or any other defense of 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 t Mortgage to be immediately due and payable without further demand and may foreclose 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- r able attorney's tees, and costs of documentary evidence, abstracts and title reports. ~o~ ~7 15~ - - -