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HomeMy WebLinkAbout2729 _ - - - - _ 1;__ . Leader's written agreement or applicable law. Borrower shall pay the amount of all moit~ti~~'iftwraaoe premiuau in the meaner provided under paragraph 2 hereof. Aai amounts disbursed by Lender pursuant to the paragraph 7, with interest thereon, shall becorets additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other teens of payment. such .amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear interest moat the date of disburserrrent. at the rate payable from time to time on outstanding principal under the Note unless paytrreat of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate ~permigibk under applicable law. Nothing contained in this paragraph 7 Shan t+equin Lender to incur say expeme a tairo any action hereunder. i¦s~ecasrr. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower notice pri~Sr to any such inspection sgx:ifying reasonable cause therefor related to L~arda+rs interest in the Property. 9 Corrierruraaoa The proceeds of any award or claim for damage:, direct or consequential. in connee8oe with aey condemnation or other taking of the Property, or part thereof, or for conveyance fn,lieu of condemnation, are hereby assigned and shall be paid to Lender. in the event of a t~;~al taking of the Property. the proceeds shall 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 Leader otherwise agree in writintt. there shall be applied to the moms secured by this Mortgage such proportion of the prooeede as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the dab 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 Bor~ovrer. If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the cotdemrror oRas to raaloe 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 collect and apply the proceeds, at lender's option, either to restoration or repair of tie Property or to the sums scoured by this Moriltage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shag not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such inutallments. 11. 'orrower Nof Released. Extension of the time for payment or modifkation of amortization of the sums second by this Mortgage gr{nted by Lender to any successor in interest of Borrower Shan not operate to reksse, in any manner. the liability of the original Borrower and Borrower s successor in interest. Lender shall not be required to eommertx proceedings against such wocasor or refuse to extend time for payment or otherwise modify amortintion of the sums secured by this Morigsgt by reason of any demand made by the original Borrower and Borrower's successors in imentst. 11. Forrearas:ee ti I.e.ilr Not s Waives Any fart+earance by Lender in exercising any right or remedy hentntder, or otherwise afforded by applicable law. shall nM be a waiver of or preclude the exercise of any such right or r+anedy. The pr~octtrement of insurance or the payment of taxes or other liens or charges by Lender span not be a waiver o[ Lender's right to sccelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewcifes C1rtr,hdvc. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrerttty. independently or strcoessivdy. ' 13. Srrceeseers acrd Assigas Bowd; .foist and Several i.is6irlr; Capie.s. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the.respective wocessors and.assigas of Lender sad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt 6e wiN and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and an not to !k used to interpret or deAne the provisions hereof. i~. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower ptlnvided for in this Mortgage shall be given by mailing such notice by certiAed mail addressed to Borrower at the Property Address or at such dhcr address as Borrower may designate by notice to i.ertder st provided herein. and (b) any notice to Lender :hail be given by ,xrtiAed mail. return retxipt requested. to Lender's address stated herein or to _ such other address as Lender may designate by notice to Borrower a provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated betel. IS. Ualrorn 11: Goverwistz Law: Severs6iKty. This form of morigsge combines uniform oarenants for national use and ran-uniform rnvenants with limited variations by jurisdiction to constitute s uniform security instrument covering iI rat property. This Mortgage shall be governed by the law of the jurisdiction in which the Property a located. in the event that any provision or clause of this Mortgage or the Note eonAicts with applicable law.:trclt oonAict share not aRect other provisions of this Mortgage or the Note which can be given e0ect without the oonAicting provision.. and to this end the provisions of the Mortgage and the Note arc declared to be severable. 1S. •orrewee's Cen. Borrower shall be furnished a conformed copy- of the Note aad.of this Mortgsge at the time ~ of execution or after recordation hereof. . 17..'IYa¦srer of tic Property: Asarrrptiew. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lenders prior written consent. excluding (a) the oration of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchaa 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 gent of any leasehold interest of three yeah or less not ooMaining an option to purchsre, Lender may, at Lender's ogion, dxlare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such ogion to accelerate if. prior to the sale or trarater, Leader and the person to whom the Property. it to be sold or transferred ranch agreement in writing that the cred'et of such person is satisfactory to Lender and that the inter~~ct payable on the sums secured by this Mortgage shall be at such rate as Lender than request. if Lender has waived the ogion to accelerate .provided in this paragraph 17. and if Borrower's strccasor in interest has executed a written suurngion agreement accepted in writing by Lender, Lender span release Borrower from all oblRgations under this Mortgage and the Note. it Lender exercises such ogion to scaknte, Lender shall mail Borrower notice of acceleration in scoordancr. 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 surrts declared due. if Borrower fails to pay such sums prior to the expiration of such period. Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1R hereof. ' NoN-Ur+rtmonur Coverrsxra. Borrower' and Lender further covenant and agree as fonows: li. AccekrstkM Reneifa. 8:cept r provNei i• paragrapU 17 rereot..pa. >lerrawes's rre.dr d awy cavertarrt K agreement of >lerrrwc* r fib Merig,ge. i.ei.lisg Ire esve.srMs a i1~7 wlrn l.e aq morns seemed ti flit Marlgaga. l.e.detr prior N aeeekr,tle>. slri aaY,xNiee b >torrswer ss'rovtiel M Mratrapr 14 rareoe speeryrrgs (l) tie rrra~ are acae. req.lrei ea+e .«i rraela (3) . dle, .et ks Aarr 3t lrys rr~orrr arc ~e tie aerie: b aarei b Merrrwetr. b moiler suer rr+aei Mrt k ea+efi (q fiat ire to etrec net tract o..r rats are late speeliei V are .aloe .try r:srll V .eeekraasrr s[ the ,tttr sae.sei ti fib Mortgage. torcdaac y }lkW ! arts talk ar are >nnoperty. '11re .saes srsit rrrrlier irrtors •oenwer d tie right a nirstNe after aeaeleratio. acrd are right to asurt v are r«eeNear< pr~aeeaitg Ira ¦ow~rtdstewee at.lera.k or ay.tier lererrse.r serrawer b seeekrel...rr+ rtrselowe. Bare rr+aei b.ot eta,ed.. or 6etae Ire date a*eeYal V tie rraia. Leveler,t I.etrier's ~ rrrar leelare all st tie na.e aecsrel y trte M,rtgaipe M re i..reilaely lre a¦l !a7'~ wlarssl tatter dewraad swr rosy haeisst tri Mert`agt r!' j.iktal /rrtcaeisR. ttwder dtaM re e.aaed b esieet r veer pneselirtg ai espe.ses aE fereclosae. I.eitrlisw i.t rt,t ilydtsd 1s. reass.,rle snurser'is reea. sal e.ete at i.ea:.e.t.ry ediareq arMrseta srrd sae rep.rd. 1!. lt,rrrtwa'~ iRyif N Relsslatt. Natwithstsndintt Lender's aooekration of the sums secured by the Moripge. Borrows shah bane the right to have any proceedings begun by Lender to en[oree this Moripge discontinued at say time a~`~K3~.4 P~~E2722