Loading...
HomeMy WebLinkAbout2569 ' , Lender's written agreement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the manner provide) under paragraph 2 hereof. Any amounts dishttrscd by Lender pursuant Iu 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 he payable upon notice from Lender to Borrower regtresting payment thereof, and shall hear interest from the date of disbursement at the rate payable from time to time an outstanding principal under the Nate unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall hear interest at the highest me permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. hotspectioa. Lender may make ar cause to he made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Coademnatbn. The proccedc of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part t?rercof, or for conveyance in lieu of condemnation, are hereby assigned anti s:iall l?c paid to f.endcr. In the event of a totrl takin¢ of the Property. the pn?ceeJs shall 1?e applied to the sums secured by this Mortgage, with the excess. if any, paid to Borrower. In the event +if a partial taking of the Property, unless Borrower and Lender otherwise agree in writing. there shall he applied to the sums secured M• this Mortgage such proportion of the proceeds as is equal to that proportion which the amount +?f the sums secured by this Mortgage immediately prior to the date of taking hears to the fair market value of the Property immediately prior to the Jale of taking, with the balance of the proceeds paid to Borrower. if the Property is abandoned by Bor:ow•cr. or if.:+ftcr notice by l.cndcr to Borrower that the condemnor offers to make an award ar settle a claim for damage.. B~?rn.wer fail. to respond to tender within 30 days after the date such notice is mailed. Lender is authorized tni collect and apt?ly the proceeds. at Lender's option, either to restoration or repair of the Property or M the sum. secured by this Morteagc. Unlecc Lender and Borrower otherwise agree in writm~. any etch applicatic.n of proceeds to principal shall not extend , or postpone the due date of the monthly inctallmcntc referred to in paragraphs 1 and 2 hereof or change the amount of , such installments. 10. Borrower Not Released. Extension of the time far payment or modification of amortization of the sums secured by this Mortgage granted by 1 enter h• goy succecu?r in interest of Harrower shall not operate to release, in any manner. the liability of the original Borrower and Harrower's successors in interest. 1_ender shall not he required to commence proceedings against such successor or refuse to extend time far payment or otherv?•ise modify amortization of the sums secured by this Mortgage by rcas+~n of :rot: Demand m;+Je by the c.rieinal Borrower and Borrower's successors in interest. 11. Forbearance by Lender tiot a Waiver. :1nv fortxarance M Lender in eyercicing any right or remedy hereunder, or otherwise afforded by applicable law. shall not tx a waiver of or preclude the exercise of any such right or remedy- The procurement of insurance or the payment of lases or other liens ur charges by Lender shall not be a waiver of Lender s right t+. accclcratc the maturity of the indchtedness secure) by this '4lortgagc. 12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or afiordcJ M• law or equity, and ma>' he escrcis~d concurrenth•. independently or successively. ' 13. Successors and Assigns Bound:.loins and Se.eral Liability; ('spoons. The covenants and agreements herein contained shall hind, and the rights hereunder shall inure to. the rccpective successors and assigns of Lender and Borrower. u+bject to the provisions of paragraph 17 hereof. All cos•cnantc and agreements of Borrower shall he joirU and several. The captions and headings of the paragraphs of this Mortgage are far convenience only and are not to he used to interpret ar define the previsions hereof. 14. itlotiee. Except for any notrce require) under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage sh,rll Ix given by mailinc such notice by certified mail addressed to Borrower at the Property Address ar at such other address as Harrower may designate by notice to Lender as provide) herein, and (h) any notice to lender shall hw given he certified maul. return receipt requested. to 1 enders address stated herein or to such other address as Lender may dccignate M• notice t+. Hormwer as pmvided herein. Any notice pmvided for in this Mortgage shall he Jeemcd ti• have been crs•en M Born?wer or Lender when given in the manner designated herein. 15. Uniform Mortgage: Governing f.aw: Severahilih~. "This form of mortgage rnmbines uniform covenants for national use and non-uniform crnenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall tx guserneJ by the law of the jurisdiction in which the Property is located. in the event that any provrsiun ar clause .?f this Mortgace ur the ?dote conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage ur the Nu1r which can he given effect w•ithota the conflicting pmvician, and m this end the provisions of the Mortgage and the mute arc decl:?red to he ccverahle. 16. Borrower's Copy. Harrower shall F?e furnished a conformed cop.: of the Nate and of this Mortgage at the time of execution or after rea+rdation hereof. 17. Transfer of the Propert~~: Assumption. if ali ~~r env part of the Property or an interest therein is Bald or transferred € by Borrower without Lender's prior written consent. escluding tat the creation of a lien or encumbrance subordinate to t this Mortgage. Ihl the creat+an of purrh.?se n?~•ncs security interest her household appliances. Icl a transfer by devise. r descent or by operation of law upon the death ut a n~~r?t tenant ur td~ the grant of any leasehold interest of three years or less not containing an option to purchase. 1 ender ma}.:?r I tinder's option. declare all the sums secured by this Mortgage to be 4 immediately due and payable. Lender shall base ++:nvcJ sn~h aptrun u? accelerate if. pricer to the sale or transfer. Lender and the person to wham the Property is tx~ F?r .ol,l or transferred reach agreement in writing that the credit of such person € is satisfactory to Lender and that the interest pay:?hle on the sum, secured M• this Mortgage :hall he at such rate as l.cnder 3 shall request. If 1 ender has waived the aptua? to :+c~rter,~te prrn•ided in this paragraph 17, and if Bormweri successor in 4 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 accelerrte. I enter shall mail Borrower notice of acceleration in accord:+ncr ++ith paragraph 14 hereof. Such notice sh:dl provide a period rf nut less than 30 days from the date the notice is mailed within which Borrower may pay the sums JeclareJ due. If Harrower fails to pay such some prior to the expiration of such peri+xl, Lender may. without further notice ur demand on Born?wer. invoke any remedies permitted by paragraph 1 R hereof. a _ Nox-UNtroxM Govt=~~NTS Harrower and Lender further covenant and agree as follows: 18. Acceleration; Remedies. Fxccpt aF prosided in paragraph 17 hereof. upon Bonov?er's bnaeh of any covenant or agreement of Borrower in this ?11ortRage. including the covenants to pay when due any sums second by this MortRsge. f,endtr =g prior to acceleration shall mail nolicc to Borrower as provided in paragraph 14 hereof specifying: (1) the bnaeh;121 the action s required to cure such bnaeh; (3) a date. not less than 30 days from the date the notice is mailed to Borrower. by which such bnaeh mast be cured; and (4) that failure to cure such breach on or before the date specified in the notice may recall in acceleration of the sums secured by thtc Mortgage. tonclocure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the fonclpsun pr+octedisg the non-existence of a defauk or env other defense of Borrower to acceleration and foreclosun. If the breach is cwt cured on or before the date specified is the notice, lender al l.ender'c option may declan aB of the sums second by this Mortgatt to be immediately due and payable without further dem=+nd and may foreclose This Mortgage by judicial proceedirtt;. fender shall be entitled to collect in such proceeding all axpensec of fnreclocun. including, but twt limited to. reasonable att.,rnc:'s fees. and costs of uuco~trentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstandmf Lender's acceleration of the sums secured by the Mortgage, Borrower shall have the right to have any prcxeedmc, lx?un Lender to enforce this Mortgage discontinued at any time a S'~C! 3U7 +'a~: 25US