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HomeMy WebLinkAbout1304 r tt 3 Lender's written agreement or applicable Mw4t borrower sttW pay the amount of all mortgage insurance prcmiuna in the manner provided unckr parsgraph 2 hereof. j Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon. shall become additional indebtedness of Borrower secut+ed by This Mortgage. Unks< Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from fender to Borrower requesting payment thereof. and shall bear interest from the date of disbursement, at the rate payable from time to time on arbtatrding principal utrde: the Note unless payment ~ interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest ralet permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur gay expense or tape' any action hereunder, Itt~ecfiaw. Lender may make or cause to be made reasonable entries upon and inspediona of the Property. provided f that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's } interest in the Property. _ , Cewiewrnaaow, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigtred and :hall be paid to tender. t in the event of a total taking of the Properly, the proceeds chsfl be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Larder otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is egwt to that proportion which the amount of the sums scarred by this Mortgage immediately pray to the data of taking bears to the fair market value of the Property immediately prior to the date of taking. with the balance of the proceeds paid to Borrower. ~ Tf the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor oRets to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed. Lender is authorized to cdkct and apply the proceeds. at Lender's option. either to ratoration or repair of the °roperty or to,the sums second by this Mortgage. Ltnletu I.+endei and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend or postpone the doe date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the tunount o[ such installments. ifl. 1QorrowK Not Rekaud. Extension of the time for payment or modification of amortizatron of the soots secured by this Mortgage ,ranted by Lender to any cucceswr in interest of Borrower shall not operate to release, in any manner. the liability of fire original Borrower and Borrowers successor in interat. Lander shall not be tYquired to commence . proceedings agaitat such successor or refuse to extend time for payment or otherwise modify amortization of the sums t secured by this Mortgage by reason of any demand made by-the original Borrower and Borrower's successors in interest. i l 1. Forbearawee b Lewier Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or. otherwise; :}Forded by applicable law, shall oat be a, waiver of or prcelude the exercise of any such right or remedy. The procurctnent of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lsnder's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Reweaics CtanhNre. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or wooatively. ' 13. 9weeewrs acrd AssiRua tetrad: Joint acrd Several i.iabiWf; Captiews. The covenanb and agrcenrenb herein contained shall bind, and the rights hereunder shall intrrp to. the.rcspective successors and assigns of Lender and Bonovrer, subject to the provisions of paragraph 17 hereof. All covenants and agreentenb of Borrower shall be joiry and several. The captions' and headings of the paragraphs of this Mortgage -are for convrnience only and ate not to tie used to interpret or deAne the provisans hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower piovided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such dher address as Borrower may designate by notice to T.cnder ss provided herein, and (b) any notice to Lender shall he given by certified mail, rctum receipt requested. to Lender's sddr+as stand herein or to such other address as Leader may designate by notice. to Borrower as provided herein. Any notice provided for in this Mortgsge shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. iS. Uaifonn Mort~e: fi overwirgt Law: SeverabNBy. This form of mortgage combines uniform vovenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument ooverirrg real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any proviiron or clause of this Mortgage or the Note conflicts with applicable law, such conflict shaft not affect other. provisions of this Mortgage or the Note which can be given eBect without the conflicting provision. and to this end the provisions of the Mortgage and the Nate arc declared to be severable. lg. Isoerowes's Co'f. Borrower shall be furnished a conformed cop)• of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Tnnrder of tie hopedy; Aswrrrptiow. if all or any part of the Property or an interat therein is sold or transferred by Borrower without Lerder's prior written consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, fb) the creation of a purchase money security interat for household appliance, (c) a transfer by devise, dtxoart or by operation of law upon the death of a joint- tenant or (dl the gent 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 v?•aived arch option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is to be cold or transferred reach agreemrnt in writing that the credit of such person is satisfactory to Lender and that the inten~ct payable on the sums secured by this Mortgage shalt bt at such rate ac Lender shalt request. if Lender hts waived the opion to accelerate provided in this paragraph 17, and it Borrowers successor in interest hss executed a written a:srrmption agreement accepted in writing by Lender. Lender shall release Borrower from all obljgations under this Mortgage sod the Note. if Lender exercises such option to accelerate, Lender sfiall mail Borrower notice of accekrairon in accordancti 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 Borrower fails to pay such sums prior to the expiration of such period, Larder may, without further ndioe or demand on Borrower, invoke any remedies permitted by paragraph Ig hereof. Nox-Urnt~otrt?t CovENAtYTS• Borrower and Lender further covenant and agree as fdbws: lfi. Accderatior, Rarreiia. IEr:ce*t as M'nvNsrl V paragnlh 17 hereof. wg+ow ¦erraarsra Irr~eeeh M awf eavernt ar ap+aettaeat d >serrearer r ttrb Mortgage, Iweirrdirrg are covewaNs to !h' whew i.e awf scars stewtai Irf orb Mortgage. Larder M accelnsao. sr.lt rwaY rrotlce to rtorr.+.K w ~rovMe~ N MragraNr i4 ha+cet s~eeltfia~r tl) are rrasKR the akiMw rsgrriei fro curs wet 6reaelt; (31 a ire. wet less gran 3• days trotw the ~ the neaee b tnatiai N fMrrawer. try wNch srreh tteeaelr twat k ewe+a* awi (n that faihrre a etere swch reeseh a er before the Gate apseliei iw fire wotke oaf raaN r secderatlser afI tie truwts accurst el' fhb Mortgage. teerclewre b ~aichtl poeesii~g asri ale et the >rro*ertf. Tire ¦atlee shat firtrer b~tora >borrower d are right to rehrdale after aeetkatto~ sat lire etgbt a aaeM iw err ferselsatrre preeesilag the wow~e>cMeuKe of s ie[awN ar trwf direr iefeau oft ioenwer N sccekrrfew awi forecioarrre. a are ttreach b wet ewrri aw or trdoer 8re isle spseYsi M the a»Ikt. Lewder at i.ewier"s oPtiow raf aee4re all et the swtrts seetersi fry Mils Moegage N k 1¦reata0elf awi ~efaik wkhod rather dearand arrrl tray rereelooe fhb Mortgage h jiuiiet.l ~eereeatuR. Lender droll ik eaNaei a ce~aet L stseh pncsoaiag all e:pewses of foreelosuee, Iwelw~brg, trert wN lfafle~ M, reasswaMe sttwrreYs fag. art ears eft irerrtweet4ry eviieKe. arstrseta ant Iitk repro. ~ i!. ierrowar's Rtglrt M Reiaslate. Notwithstanding Lenders scakration of the wms secured by this Mortgage. Borrarra shall have the right to have soy proceedings begun hY Lender to enforce this Mortgage discontinued at any time a 3 ~~~K314 P~~E1297