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HomeMy WebLinkAbout2789 • I~i i ~ Leader's written agrotasertt a spplicabk law. BorroMer sbaU pay the amount of an mortgage insurance preosiuM in tbs maotter provided under paragrspb 2 hereof. , . Any amounts disbursed by Lender pursuant to this paragraph 7. with iaroreae thereon. Shan become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and ~todar"iSe~e io other terms of payment. such amounts shall be payabk upon mice from Fender to Borrower requesting payment thereof. and shall bar bttaest frogs tM date of disbursartatt. at the rate payabk from time to time on outstanding principal under the Nots traiess pal}Mt at interest at such taro would be corttnry to spplicabb law, in which everts such atnatnb dtan best interest sa the highest rw permissible under applicable law. Nothing contained in the paragraph 7 tJtan requite Lender to incur nay expense a tab any action hereunder. R • lender may make or cause to be made rasonabk entries upon and inspections of the Property. ptrovided that Lender shan give Borrower notice prior to any such inspection specifying resanable cause therefor rdarod to Iratddlt interest in the Property. CatieMaliarr. The proceetk of any award a cbim for damages. diroct or oortsequetdial. in ooattectios with testy condemnation or other taking of the Property. a part thereof. a for canveyattce in liw of ooadeataatioa, are hereby assigeed and shall be paid to Lertder. in the event of a total faking of the Property. the proceeds shall be applied to the suaa secured by this Mortgage. with`tlte ezoess. if nay, paid to Born+vwer. in the event of a partial taking of the Property. unless Borrower and Leader otherwise agree in wrtiting. there shall be applied to the sums secured by this Mortgage such proportba of fire pnoeeds as is aqua! to that proportion which the amount of the sums secured by this Mortgaa itarte~ateiy prior ~ the date d tsldag ban to the fair market value of the Property immediately prior to the date of takiaj. with the 6alanoe of the proceeds paid to Borratwer. If the Property is abandoned by Bor.~ower. or if. after notice by Lender to Borrower that the oondtswoor offers to ttstlte an award or settle a claim for damages. Borrower fails to respond to Lender within 30 diys after the daro sutb ttotioe h mailed. Lender is authorized to collect and apply the proceeds. at Lertders option. either to restoration at tepdr o[ rite Property or to the sums secured by this Mortgsge. Unless Lender and Borrower otherwise agree in writinft. any such application of proceeds to principal shag trot extatd or postpone the due date of the taorrthly installments referred to in paragraphs 1 and 2 hereof or tdtaage the amount o[ such installmt:ats. lt. Besrawer Not Rdasal. Fattension of the time for payment or modilkation o[ amortiutiort of the setxtred by this Mortgage gnutted by Lender to any successor in interest ~ Borr+ower shall tat openro b release. in ash asartnet. the liability of the original Borrower and Borrower's successors in interest. Lender shall nest be required to eanntertoe proceedings against such sttoceaor or refuse to extend time for payment or otherwise modify amortisation sf the sums secured by this Mortgage by mason of any demand made by the original Borrower and Borrowers strceessors in interest. l1. Foriearawee b i.eaier Nat a Waiver. Any forbearance by Lender in exercising any right or remedy lterenader, a otherwise aBorded by applicable law. shall not be a waiver of or prechtde the exercise of any such right or ~f. The proturetaertt of iwuraace or the payment of taxes or other liens or charges by Fender Shan tat be a waiver of Lertdp's right to acoekrate the maturity of the indebtedness secured by this Mortgage. 1?. Re¦seiies An rerttedies Provided in this Mortgage are di:tittet and cumulative to arh other right a reatedy under this Mortgage or afforded by law or equity. and may be exercised ooocttrrerttly, independently or suocessivdy 13. 3~ecessoss aoi Asdgrte Bowti: ,Joint sari Several i.isiigt Gptisas. The oovenanu and agreeasents herein oontairted shall bind. and the rights hereunder :hall inurg to, the.r+espective suooessots and ssdgns of Calder apd Borrower. wbjed to the provbioas.of-paragraph 17 hereof. All covenants and agreements of Borrower dull be joir~_ attd several. The pptiats' and headings of the paragraphs of this Mortgage are for cortveaiettce only and ate not to be used to interpret or define the provaions hereof. 14. Nelke. Except for any notice required under applicable taw to be given in another manner. (a) arh notice to Borroarer p~ovidod for in this Mortgage shall be given by mailing such notice by certified mail addteesed to Borrower sd the Property Address or at such other address ss 8orrower may designate by notice to T.atder as provided herein. and (b) any notice to Lender :hen he given by certified mail. return rxeipt requested. to Leaders address. stated 6aeirt or to such other addtea as Lender may designaro by notice to Borrower as provided herein. Any notice provided for is fhb Mortgage dell be deeated to have hem given to Borrower or Lender when given in the manner desiputted heron. IS. [ltrltortn Mortgage: Caverairtg Laws Severa6Bit1. This form of mortgage combines uniform oo~renants fa aatioasl ~ use and ran•uniform covenants with limited variations by jurisdiction to cortstihtte a uniform secarity iratrutnent oovairtg real property. This Mortgage :hall be governed by the law of the jurisdiction in which the Property is located. Ia the o. event that any provision of clause of this Mortgage or the Note cordlicts with applicable law. such conflict shsp not affect other provisions of this Mortgage or the Note which can be given effect without fire eonflictiag provbion. and to fhb end the proves of the Mortgage and the Note are declared to be sevp~abk. if. Bess~swers Cepr. Borrower shall be famished a conformed copy of the Noro and of this Mortgage sd the state of execution or after recordation hereof. 17..71ra¦ster of tie Proptety: Assr+tthtiow. if atl or any part of the Property or an interest ther+eirt b sold or trsuaferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or eacumbranoe subordinate to this Mortgage. (b) the creation of a purchase money security interest for household sppliattoes. (c) a transfer by devise. descent or by operation of law upon the dash of a joint tenant or (d) the grant of any {wehold interest of three years or less not containing an option to purchs?se. Lender may. at Lender's option. declare an the sums secured by this Mortgage to bs immediately due and payable. Lender shall have waived such option to aoceteraro if. prior to the sale or transfer. Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inter~•st payable on the sums secured by fhb Mortgage shall be at such rate as Lender sban requpt. if Lender has waived the option to aooekrate .provided in the paragraph 17. and if Borrowers successor in interest has executed a written atartrnption aireerrtertt accepted in writing by Lender. Lender span release Borrower from all obirrttiorts under this Mortgage and the Note. if Fender exercises such option to atxeknte. Lender shall mail Borrower notice of aocderation in aocordana: v?•ith paragraph 14 hereof. Stitdt notice shall provide a period of rat less thsn 30 days from the date the notice b mailed within which Borrower may pay the sums declared due. if Borrovwer faib to pay such sums prior to the expiration of such period. Larder may. without further aoticx or deRnand on Borrower. invoke any remedies permitted by paragraph tg hereof. Notr-Utnt~onrr Covt:rr~?trrs. Borrower and Lender further oavenant snd agree as foBo~ws: i1R Aeedasfiastl Rwtsifea. $MM sn M'av~ ~ NregraM 17 ieraat. ttpan Mrwt'ath ttreeei ~ sasy ca~etsartt err agreettt~t of Bassrf+rrer t• lib Moslgage. t¦eist>tstg lie eNettaals to My wiea ~ nay scats sscasei ti Ills 1Mestga~ Ltasier priest t..ecdaali.. dtsi tnaii.etke N Bars~wer ss proviisa r /.rrRr.rb f1 ieseef apeeityltrgs p) ate lrtesa;it 1t1 tis sa+llsra r.gini t. earn stsei i t~ • ~ twl lea ataw S• aq, ho. lies laic are ..doe r tteaiei M Barnrwer. b wik11 tasei itesstei Mat k ettrsii sal to atat faYwe s• ewe strelt irrlaei ew err 1ldase lie lases speelisi r tie ttatlee M7 stsrit Y aoctleeatlaa et ate tatsr ssewsi i! tiffs Marlgs~t, hweissese b ~ ! sari toile et tie TrWe*ly. 'Ilse nstiee slat fwrer itttens Barnrtrer si ate right M s+eitts/ate after aeaalesadan sass t1M right N esters t• ass f!asseMMe psaae~ttg aK.e.•exideaoe ai s istaeiil er arh eater tldswse s1 BsKr+war M.eeeleratl.. arts f«sel.swa r Ae bresei fe tact cMi e+a er lydes~s ate sale speetiai i• ate rtelke. Lerner st I.ertier's eM1M way ieeiare all et ass sttstta saewei b tits M.rlsafet i.1re iesweifaley i.e sari waMe wia».t t.stier iearaa ntott/ ~t«s ~ ..t ~ w! ~ ~ k waMi N tablet r tasei psrc+esitstg err sal coals et ieerttew/ary evMsoa+ aMlraels asti title re/ar• . i!. Barsrwss'ti Rifts N Rsislsls. Notvwithstart~ng Lenders sooderatan of the snots sxttred iY tht: Mortgage. Borrower Shan Gave the right to have any proceedings begun by Lender to enforoe this Mortpge discontinued at nay time ~K315 P~2?83