Loading...
HomeMy WebLinkAbout2508 ! I.eader's writtea a~rament or applicable I:w. Borrower shali pay the amount of all mort~s~e is~surance pcemiumt in the maa~er provided unde~ pa~agnph 2 heroof. Any amounts disbuned by Lender pursuant to tha pa~agraph 7, with intecest theroon. shall bocomo additional i~debtedneas of Borrower secured by tfiis Mortg+~0•- .Utd~ss Bocrower and Lenckr agree-to other ternts of paymen~ auch unounts shall be payabk upon notice ~rom Lende~ t~•~rtower roquesting payme~t theroof. and ahall bear ~nterest fcom the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless psymd~t oi interest at such rate would be contnry to applicabk taw, in which event such amounts shall bear interest at the highest nte permiuibk under applicablc law. Nothing c~ntained in this pangraph ? shall require Lender to incur any expense or take any action hereuadet. e. Idpecfioa. Lender may make or cause to be made reasonable entries upon and inspaKions of the Property. provided . that Lende~ shatl give Borrowe~ notice prior to any such inspection spocifying rcasonabk cause therefor related to Lender'a intercst in the Property. ~ 9. Coadeawtbn. The procaeds of any award or claim for damaga, direct or consequential. in connection 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 Lender. In the event of a total taking of the Propeny, the proceed: shall be applied to the sums secured by this Moctgage, with the eacas, if any, paid to Borrower. in the event of a partial taking of the Property. unless BorroM?er and Lender othenvist agree in writing, there ahall be applied to the sums secu~d by this Mortgage such proportion of the proceeds i as is equal to that proportion which the amount of the sums secured.by this Mortgage immediately prior to the date of ; tylcing bean to the fair matket value of the Pmpeny immediately prior to the date of taking, with the balanve of the pmcuds + paid to Borrower. If the Propeny is abandoned by Borrower. or if, afte~ notice by Lender to Borrower that the condeannor o~en to make an awa~d or settle a claim for damaga, Borrower fails to respond to Lender within 30 days after the date such notice is ~ mailed, I.ender is authorized to collect and apply the proceeds. at I.ender's option, either to restoration or npair~ of the : Propeny or to the sums securcd by this Mortitage. Unless Lender and Borrower otherwise 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 pangraphs 1 and 2 hereof or change the amount of such installments. • ' 10. Sorrower Not Rekased. Extension of the time for payment or modification of amo~tization oi ttie_suins'ae"cured 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 in interest. Lender shall not be requircd to commence proceedings against such successor or rcfuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrowe~ and Borrower's successors in interest. il. Forbarmce by Lcnder Not s Wd•er. Any forbearance by I.ender in exercising any right or remedy hereunder. or otherwise afforded by applicable law, shall not be a waiver of or prcclode the exercise of any such right or remedy. The procurcment of'insuraoce or the payment of taxes or other liens or charges by L.ender shall not be a waiver of Lender's right to acceltnte the maturity of the indebtedness secured hy this Mortgage. l2. Remedia Cannlati~c. All rcmedies provided in this Mortgage are distinct and cumulative to any other right or rcmedy under this Mortgage ar afforded by 1$w or equity. and may be exercised concurrently. independently or successively. 13. Srcceseo~s and A~s Eound; 7dut and Serenl i.isbNity; Capdons. 'i'he covenanu and agreements hercin contained shall bind, and the rights hereunder shall inure to, the rapective succassors and assigns of Lender and Borrower, ; subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borcower shall be joint and several. 71~e captions and headings of the paragraphs of this Mortgage sre for convenience only and are not to be used to interpret or define the provisions hereof. f 14. ~otice. Except for any notice required under applicable law to be given in another manner. (a) any notice to ~ Borrower provided for in this Mortgage shall be given by mailing such notice by certifled mail addressed to Borrower at the PropeRy Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, retum receipt requested. to i.ender s address stated hercin or to such other address as Lender may designate by notice to Borrower as provided herein_ Any notice prov~ded for in this i Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. ; 1S. Unifona Mortgage; Goverai~ Law: Severabi~ity. "il~is form of mortgage combines uniform covenants for natioaal , ~ use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering { real proQerty. This Mortgage shall be governed hy the law of the jurisdiction in which the Property is located. Tn the { event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect ~ other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this ~ end the provisions of the Mortgage and the Note are declared to be xverable. 16. Sormwer's Copy. Borrower shalt be furnished a confotmed copy of the Note a~d of this Mortgage at the time ~ of execution or after rocordation hereof. 17. Tnasfer of t6e Property; A~umption. If atl ar any part of the Property or an interest thercin is wld or transferred by Borrower without I,ender's prior written conunt, excluding (al the creation of a lien or e~cumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interut for houuhold appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) tho grant of any leasehold interat of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to 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 Propeny is to be sold or transferrcd reach agreement in writing that the credit of such person is satisfactory to i.ender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall reque.tt. If Lender has waivod the option to accelerate provided in this paragraph 17, and if Borrower i successor in interest has exocuted a written assumption agrcement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. If I.ender exercises such option to accelerate, I_ender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not ]ess 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, ~ ~ender may, without further notice or demand on Borrower, invoke any remedies permitted by parag~aph 18 hereof. ~ ~ Nor~-UHiFO~e~s Covexerrrs. Borrower and Lender further covenant and agree as follows: ~ 18. Aeceleratbo3 Remedies. E:cept as pmrided is p~n~raph 17 hereot. npoa Eon~ower's breacti ot aey co~eaaat or a`reement of Eorrower in this Ma1ss`e, faclodin6 tbe co~eesnts to pay wheo dae aay wms secored by tbb Mo~s~C. La~der ~ priQr to accdeMb~ s6aB raail notlce to Sorrower a~ provWed ia pua~~sp6 14 bereot specKyfoi: (1) tbe M~eac6: (2) t6e action ~ reqair+ed to cdre s~c~ breac6: (3) a dde, eot las thtn 30 daps trom tbe date t6e ootice it ma~ed to Borrower. bq w6k6 sec6 ~ breac6 mmt be cared; a~ (4) t6~ fa8an to core sech breacb on or betors tbe date s~ecl8ed is t6e aotice a~ay radt ~ secderatio~ ot tbe sams iec~erd by tl~ Mortsa~e. tonclowre by jadkW proccedioa imd sale d t6e Pr~perly. 'ILe aodce ~ s6aU tartber iafam Eorrower oE t~e ri~6t to reiadate after sccderatios aad tbe ei~ht to a~ert le tbe toreclowre N~oceei~ tbe ooa~esl~tesce d a detadt or a~y other deleere of Dorrower to sceckratio~ and foreclosore. It tbe breac6 i~ oot csred aa or befors We dste speei8ed i~ tb~ ootice. Lender at Le~dePa option may decUre ~ ot tbe sums rec~rcrl bl'tMis Mo~t~s~e to be immedittdy d~e a~i payabk wit~oot fmt6er demaaa asd msy foreclwe f6b Mort~e b7 jndkW Procee~. I.esder ~6aB be e~tltled to edkct ia ~ proceediHt d ~acpe~a of toraios~re. isch~pt+ bat aot limited t0. rearowsbk attorse~'s ta+, sad cos4 ot doc.e~a~ry t~Weoce, sbtr~cb asd ti~ie repord. 19. dorrower's R1~6t to Reimtate. Notwithstanding Lender s accekration of the aums secured by this Mortgage. Borrower shall bave the rig6t to have any proceedings begun by i.ender to enforce this Mortgage discontinued at aay time d:~:;~312 P,~~~~