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HomeMy WebLinkAbout2181 . _ _ " ' ~ ..1-... . . . _ . ~ . • • ' • ~ ~`J . • ` i / • 1 ~ ~ Lender's writtea a`reement or appiicabk law. Borrowe~ shall pay the amount ot all mort~a~e iasurana premiumt ia the maaner providod under pu~raph 2 hereof. Any amounts disbuned by I.~nder punuant to this paragraph with interest thereon. shall becorr~ additionsl indeb~edness of Borwwer securod by this Mortgage. Unless Borrower and Lender a~ree to othe~ terms of payanent. such amou~ts shdl be payabk upon rwtice from Lender to Bormwer requ~sting payment thereot. and shsll beu interest troai the date of disbursemeot at the nte payable from time to time o0 ountandin~ principal under the Note unless psyma~t ot interat at such rate would ba contrary to aPplicable law, in whish event such amount: shall bear ieterest at the hiahdt nte - permissibk under applicabk law. Nothing contained in this pangraph 7 shall require I.ender to incur any eapetae or take any action hereunder. a. laspectlo~. Lender may make or cause to be made reasonabk entries upon and inspections of the Property. pro~ided that Lender sh~ll give Borrow~r notice prior to any such inspection specifying reasonabb cause thercfor rclated to Lender't intercst in the Property. 9. Cosaem~stbu. The proceeds of any award or claim fo~ damaga, direct or conseqoential, in rnnnection with any condemnation or other taking of the Property. or part thercof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Ler~der. in the event of a total taking of the Propeny, the procads shall be applied to the sums securcd by this Mortgage. with the excest. if any. paid to Borrower. ln Ihe event of a partial taking ot the Property. unless Borrower and Leoder otherwise agra in writing, there shall be applied to the sums securcd by this Mongage such propottion of the procads as is equa! to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair muket value of the Property immediately prior to the date of taking, with the balance of the pcoceeds paid to Borrower. If the Property is abandoned by Bonower, or if, after notice by Lende~ to Bomower that the condemnor oRen to malce an award or settk a claim fo~ damaga. Borrower fails to respond to Lender within 30 days after the date soch notice is mailod, Lender is authoriud to collect and apply the proceeds, at Lender's option. either to restontio~ or repair of tbe Property or to ~he sums securcd by this Morigage. Urtless Lender and BoROwer otherwise agroe in writing, any such application of proceeds to principal shall not extend or postpcxu the due dste of the monthly installments referrcd to in par~graphs 1 sod 2 hereof or change the amount, of such inst,111meuts. . 10. Dorr.~wer Nat Reka+cd. Extension of the time for payment or modiflcation of amortization of the sums secur+ed by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to nlease, in any maoner. the liabiliry of the original Borrower and Borrower's successors in interest. Lender shall ~ot be requircd to commenoe proceedings against such succasor or nfuse to extend time for payment or otherwise modify amortiution of the sums secured by this Mortgage by reason of any demand made by tfie original Borrower and Borrower's successors in interest_ 1l. Forbearance by I.emler Not s Wairer. Any forbearance by Lender in exercising any right or rcmedy hercunder, or otherwise afiorded by applicable law. shall not be a waivet of or proclude the exarcise of any such right or nmedy. The proci~rcment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiveF of Lender's right to accelerate the maturiry of the indebtedness securcd hy this Mortgage. l2. Ren~edies C~rnnlst~e. All remedia provided in this Mortgage arc d'utinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exetcised concurnntly, independently or succeuively. 13. Sueeessors aad Assi~as Sound; Joiet and Serenl t.iabiliry; Capfbas. 'i~e covenants and agreements herein contained shall bind, and the riRhts hereunder shall inurc to, the respective successon and assigns of Lender and Bomower. subject to the provisions of paragraph 17 hereof. All covenants and agrcemeats of Borrower shall be joint _ and sevenl. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or deflne the provisions hercof. 14. Notke. Except for any notice requircd under applicable law to be given in another manner. (a) any notice to Borrower providcd for in this Mortgage shall be given by mailing such notice by certilied mail addressed to Borrower at the Property Addrcss or at such other addrcss as Borrnwer may dtsignate by notice to i~nder as provided herein. and (b) any notice to Lender shall be given by certified mail, retum receipt rcquested, to t_ender's address ststed hercin or to ; such other address as Lender may designate by notice to Borrower at provided here+n. Any notice provided for in this Mortgage shall be dcemed to have been given to Borrower or Lender when given in the maru~er designated henin. I lS. Uaiform Mori~a~e; Go~crniug Law: Sevenb~ity. This form of mortgage combenes uniform covenants for national uu and non-uniform covenams with limited variations by jurisdiction to constitute a u~iforry security instrument rnvering real property. .'fl~is Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicabk law, such confliM shal) not affect other provisions of this Morigage or the Note which can be given efiect without the confticting provision, and to this ~ end the provisions of the Morigage and the Note are declared to be severable. 16. Eorrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time ~ of execution or after rocordation hereof. 17. Trnoster of the Pro~erty: Aswmption. If all or any part of the Property or an interest thercin is sold or transterred by Borrower wiihout Lender's prio~ written consent, 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, descent or by operation of law.upon the death of a joint tenant or (d) the grant of any leasehold intercst of three'yean or kss not containing an option to purchase. Lender may, at Lender's option, declare all the sums securcd by this Mortgage to be immediately due and payable. Lender shall have waived such option te accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is to be sold or transfe~red reach agreement in writing that the credit of such person ~ is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as I.ender shall rcquat. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in ~ interest hu executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all ~ obligations under this Mortgage and the Note. If Leoder exercises such option to accelerate, t_ender shall 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 Bonower fails to pay such sums prior to the expiration of such period, ~ ~ Lender may, without furiher notice or demand on Borrower. invoke an}• remcdia permitred by paragraph i 8 hercof. ~ ~ NoN-UN~FOat?i CovExerrrs. Borrower and Lender funher covenant and agree as follows: ~ ~ 18. Acctkratbo; Remedia, E:ceq ac provided io paraRrsph 17 henof. upoa Sorrower's breacl~ of any coreoant or ~ as~eemeot ot Borrower in thts Mort~s„e. inclndir~ tbe rnvenaMs to pay r?hea dne ~or sums secnnd by t6k Mort~qe, Lender ~ I prbr to sccekntion s6aA mail aotke to Eorrower as prorided in para=nph 14 hcreof specityiaa: (1) the brescb; (2) tbe acdon ~ required to cure sncb brcacb; (3) a date, not less tban 30 days fmm tl~e dde the nodce d maqed to Sorrower, by ~+6kb soch ~ ~ breach mmR be cnrcd; and (4) t6at fnilure to cure such breach on or before the due specised fo the ootlce may ra~lt h~ ! e ~ ~ccekratbn of tbe sos~s secured by t6b Mort=ase, torecbsure by jndiciai proceedi~ aod sak of t6e Property. 7tie sotice shall further tnform Sorrower of t6e ri`bt to reiastate after accskratbo and t6e rigbt lo bse~t io t6e torecloa~s proceedl~ the ooa-e:istence oE a defsnlt or aay other detense ot ~orro.?er to scce{entioa and Eorecbsure. It t6e brescl~ is oot cured a i or before tl~e dste speciRed in tbe notict, Lender at Leode~'s option may declars all of tbe snms secsrcd by t6is Mort=a~e to be ' immediately dee asd payabk witbont further demaad and may foreclose thi~ Mort~e by judkid procee~. Leader sha0 ` be eotided to colkct ia socY proccedin6 afl expenses ot toreclosore, iaclndin~, bet not Umited to, reawaabie attorec~'s fea, ; and cods oE docomeatary erideoce, abstracb aad tide reporls. ~ 19. lbrrower's Ri~6t to ReiaNate. Notwithstanding Lender s acceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proccedings bcgun by Lender to enforce this Mortgage discontinued at any time ~ f! P. ? ~ '`63~2 ~~~E 21~9 Bo~K ~19 ~E-24? i~~: "?r. ~e•Fecord _ . _ _L~..~...-~~L_«.~ d]=~-~ -