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Home My WebLink About1025 . ; ! • ~ . ' , ' l.eader's written sgrament or applicabb law. 8orrower shaU pay the smount o[ all moitgs~e uuuranoe premium~ in the ; mant~er provided unde~ paraaaph 2 heroof. ~ Any amou~ts disburaed by I.ender pursua~t to th~ parag~aph 7, with iaterest thercon. shall become additional ~ indeb~ednas of Bonower secured by ~his Mortgage. Uoless BoROwer and Lender agroe to othe~ tenns of paymen~ such # amounts shal) be psyabk upoo ~~ice from i.ender to Bonower roquesting payme~t thercot, and shall bea~ interest fmm the ~ date of disburaemm/ at the nte abk from time to lime on aitstandin ' pay g principal under the Nde unless paya~a~t ot interat at such rate would be rnntrary ta applicabk law, in which event such amounts shall bear interest at the hi~l~st rate pertniuibk under applicabk law. Nothi~~ contained in this parasnph 7 shall require Lender to incur aay expeese or t~lce any action hereunde~. . S. I~eetio~. i.ender may make or cause to be made rcasonabk entries upw~ and inspections of the Property. providod that l.eode~ shall give Borrawer noticc prior to any s~kh inspectian spocifying reasonabk cause therefo~ related to Lrnders intercst in the Property. ; < Co~de~wqHow. The proceeds of any award or claim for damages, direct or consequenti~l, in connectiot~ with a~y condemnatwn or dher taking af the Propetty, or pa~ tliereci~ or for conveyance in lieu of coodemnation. are hereby assigned and shall be paid to Lender. ~ ° Tn the event of a tot~l taking of the Propetty, the praceeds chall be applied to the sum's s~curcd by this Mortgage, ~ with the excess, if a~y, paid to Borrower. in the event af a partial taki~g of the Property. unless Borrower and I.ender ; otherwise agree in writing.~here shall be applitd to the cums secured by this Mortgage such proportion of the proc~eods ~ as is equal to that proportion vehich the amount of ~he sumc secured by this Mortgage immediately prior to the date of t takin6 bears to the fair market value of the Propcrty immediately prior to ihe date af taking, with the balanoe of the pmceeds ~ paid to Borrower. , { if the PropeMy is abandoned by Bor:ower, ar if. after notice by Lender to Bortower that the condemnor offers to malce 9 an award or settle a claim far dam•rges. Borrower fails ta rcs~nd to I.ender withirt 30 days after the date such notice is ~ mailed, I~nsler is aathoriud ta collect and apply ~he proceeds, at l~nder s option, either to ratoration or repai~ of the , Propeny or to the sums securcd by ~his Mor~gage. ~ Unless I.ender and Borrower othervvice agree in W~ritmg. any such application of proceeds to principal shall not extend ~ or postpone the due date of the monthly installmcnts rcferred to in paragraphs 1 and 2 hereof or change the amou~t of = such installments. ~ 10. Borrower Not Released. Extension of the ~ime for payment or modification of amortization of the sums secured by this Mo~tgage granted by l.ender to any cucees.cor in interest of Borrower shall not operate to rclease, in any manner. the liability of the original Borrowcr and Bc.rrower s sikcessc~rs in inte.rost. i_e~der shall not be rcquired to commence proceedings against such successor or refuse to ertenJ time for payment or otherwise modify amortization of thr .ums secured by this Mortgage by reason of ~ny demand made b~ Ihe ori¢inal Borrawer and Borrower s successors in interect. ~ I1. Forbearance by Leader Not a Watver. Any forF~earancc hy i.ende: in exercising any right or remedy hercunder, or ~ othervvix afforded by applicable law, shall not be a waiver of or preclude tlx exercise of any such right or rcmedy. The procurement ot insurance or the payment of taxes or other liens or charges by T_ender shal) not be a waiver of I~nder's ~ right to accelerate the maturity of the indebtedness cccured hv thic Mortgage. ~ l2. Remedka Camnhti~e. All remedies provided in thic Mortgage are distinet and cumulative to any other right or rcmeciy under this Mongage or afforded hy law or equity. and may be exercised concurrently, independently or si~ecessively. . ' 13. Srcceswra aad Assi~os Downd:.Joiol aad Several I.iaM'lffy; Csptions. 71~e covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of t.ender aod Borrower. ~ subject to the provisionc of pa~agraph 17 hereof. All covenants and agreements of Borrower shall be joiry and ceveral. _ The captions and headings of the paraR~aphe of thic Mongage are for convenience only and are not to be used to ; interpret or define the provisions hereof. ~ 11. Notke. Except for any notice rcyuired under applicable law tc? be given in another manner, (a) any notice to j Borrower provided for in this Mo[tga¢e ahal) be Riven by mailing xuch notice by certified mail addressed to Borrower at ' i. the Property Addrcss or at such whcr addrecs as Bormwer may designate by no~ice to Lender as provided herein, and g (b) any notice to Lender shall he give~ hy cer~ified mail. retum receipt rcquested. to I.enders address stated herein or to ~ 'I such other address as [_ender may deciqnate by n~tice to Bo~mwer as ~srovided herein. Any notiee pmvided for in this ~ ! Mortgage shall be deemed to havc t~ecn givcn to Borrower or 1_ender when given in the manner designated herein. ' 1S. Unitorm MortRaRr. Governin~ Iaw: Sererabilily. This torm of mortgage combina uniform covenants for national - use and non-uniform covenams with limited variations hy juri~diction to constitute a uniform security instri~ment covering j f real property. This Mortgage shatl be governed hv the law of the jurisdiction in which the Property is located. Tn the ~ event that any provision or clause of thic Mortgage or the Nate conflicts w~i~h applicabk law, such conRict shall nol affect other provisions of this Mortgage or the Nc~te w•hich care t~e given eBect without the conflicting provision, and to this ~ ~ end the provisions of the Mortgage and the !VMe arc ~kclared to he severable. i ~ 16. Eorrower's Copy. Borrower shall bc furni~hcd a conformed cop}' of the Note and of this Mortgage at the time s ~ of execution or atter rccordation herrnf. i ~ 17. T~er of tbe Property: A~umplion. If all or an}~ part of ~he Property or an interest thcrein is sold or transferred t $ by Borrower without Lender's prior wrinrn cuncent, e~cluding (al the creation of a lien or eneumbrance subordinate to ~ this Mortgage. (b) the crcahon of a purch~ce mone~• ~ecurit~• interest for household appliances, fcl a transfer h~• de~ix. ~ deseent or by operation of law~ upon the ckath ot a j~+nt tenant or fd~ the grant of any ieasehold interest of three ~eaR or ie~c ~ not containing an option to purehase, l.ender may, at I.ender's option, declare all the sums seaired by this Mortgage to be ¢ immediately due and payable. Lender chall .have v?:uved such option ta accelerate if. prior to the ~ale or transfer. I.ender ~ ~ and the person to whom the Properly ic t~~ t?e +oIJ or transferrcd reach agrcement in writing that the credit e•f wch person is satisfactory to Lenckr and Ih•rt Ihr iMrr~.1 pa~ab(e .,n the sums sceurcd b) this Morlgage sfial! E~e at st~ch rate a~ ~ ender ~ shall rcquest. tf I.ender has waived the option to accelerrte provided in this paragraph 17, and if Borrower ~ successor in ` interat has eaecuted a written as.tumption a~reement accepted in writing by I.ender. Lender shall relcase Borrower from all ~ ~ obligations under this Mortgage and the Ncue. ~ if I_ender exercises such option t~ accelerale. I.ender ahall mail Borrower notice of acceleration in accordanc~ ~th ~ paragraph 14 hereof. Such notice shall provide a period of not less than 30 days trom the date the no~ice is mailed within which Borrower may pay the sums declared due. lt Borrower fai{s ~o pay soch sums prior to the expiration of cuch peric.d, ~ Lender may, without (urther aotice or demand an Horrower. invoke any remedies permitted by paragraph IR hercoL ~ ~ NoN-UHtFORM Coverrerr'rs. Borrower and Lender further covenant and agrce as follows: ~ 18. Acceleratioe; Rea~edks. Excep as provided in para~raph i7 hereot, apoa ~rower's breac~ of aay co~eaanl or a~reee~eat of Eomowcr In t6ls Mortaa~e. inclndin~ tbe co•enaets to pay r?beo due say su~as secored by this Mort~a~e. Lender ~ prbr to sccekratbs sha~ mail aotice to Eorrower as prorided in ~ratrsph 14 Uereot specKyioe: (1) tbe bresch: (2) the sction ~ reqnircd to cm web 6reach; (3) a dste, not less thsn 30 days trom ti~e date t6e notke b a~ed to Sorm~+er. by whicb wcl~ ~ breacM mu~t pe c'red; aod (4) IAat failurr lo cnre sYCM bresch oa or 6efore tbe date s'tci8ed ia the aotke may recWt in ; acceleratbw of tfe sn~us secored 6y tMis Mo~s~e. torcclowre by jndkial proceedin~ aad sale of tbe Properry. The notke z sbaY f~rtber inform Eorrawer of tbe ~bt to reiastate dler secekration and tbe ri~kt fo ~sert io tbe foreclosnre proctedi~ ~ tbe wow-e:feteace d a ieEarlt or a~ other dcfense o~ Borrower to accekrstion and fonclowre. It the breac6 ts eot cared ou ~ or betore the dsh speci8cd ~ tbe eotke. I.ender at I.ende~'s op~ion msy declare sq of tbe ma~s secrred by tl~fs Mort~ape to be ~ immediatdy d~e and pysbk withoot forther dem~nd and tnay forecbse t6k Mort~~e by j~dicial proteediu~• i.ender chall ~ 6e eatitled to cdkct is sre6 proceedin~ aM e:peuses of foreclosure. iaclndio~. b~f ~ot ifmitd t0. n~p~ ~~~rnr-r's fea. a~d costs d doc.we~Naq erideeee. abstrrrts sad fitk repoNs. ; a 19. dornowe~'s Rl~iit to Re~tate. Nc~withstanding I.ender s acceleration of the sums stcurcd by thr M.~ngage. ~ Borrower shall have the righl to have any proceedings hc~~~n ~y I_ender to entorce this Mortgage discontinued at an}• time { _ ~ kK ~11 ~a ; ~ JE~024