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HomeMy WebLinkAbout0045 t Ott: ' Leader's written agnoement a applicable law. Borrower shall pay the amount of all mortgage insuramoa pranitttas is the meaner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shall become sdditional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of paytaeat. such :mounts shall be payable upon rtdice from Lender to Borrower requesting ptyrrjent thereof, and shall bear interest from the ' date of disburt+etrtertt. at the rate payable from time to time on pul~tap~ principal under the Note umlea payMt et ittterat st such rata would be contrary to appiicubie iaw, in whicl-t event such amounts shall bear iatarest at the highest rats permiaibk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur a>n? expettte or tales say action hereunder. Ist4eeMao. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable Gauss therefor related b Lmtder't interest in the Properiy. Ca•iemruttMn. The proceeds of say award or claim for damages, direct or eoraequeatial, in eortaecaow with asty condemnation a other taking of the Property. or put thereof. a for conveyance in lieu of condemnation, are hee+eby aesigwed sad :hall be paid to Lender. _ Tn the event of a total taking of the Property, the proceed: shall be applied to the sums secured by the itfortgage, with the excess, if any, paid to Borrower. in the event of a partial taking of the Property. unless Borrower and Lender otherwise agree in writing, there shall be applied to the wins secured by this Mortgage such proportion of the pt+ooeeds ss is equal to that proportion wfiich the amount of the sums serttred by this Mortgage immediately pria• ro the date of taking bears to the fair market value of the Property immediately prior ro the date of taking, with the balance of the q~ooeeds paid to Borrower, it the. Property. is abandoned by Bor.~ower, or if. after notice by Lender- to. BorrmNer-that ttre comdemnor ol[ers~ tt~e an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days atter'the date such notice le m:sled. Lender is authorised to collect and apply the proceeds, ~ Lender's option. either to restoration or repair of the Property oT to the sums secured by this Mortgage- - - Unkss Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shag sat atttend or p~tpone the due date of the monthly installments referred to in parsgraphs 1 and 2 hereof or change the antourrt of such installments. It. Iterrawer Blot Releases. Extension of the time for payment or moddkation of amortization of the :orris seart~ed by t11is Mortgage granted by Lender to any srtcxetsor in interest of Borrower shall not operate to rekste. in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall rwt be requirtd b oommnroe proceedings against such sttocessor or refuse 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 Borrower and Borrowers stxoessors is imer+est. il. l+osissrawce ti I.ewilr Not w Waiter. Any forbearance by Lender in exercising any right or remedy hereunder. or - otherwise afforded-by-applicable-lacv.-shaft _nat_bt__a-waives of-ate practude the- exercise of any-such -right or t+emedy. _ The procurement of insurance or the payment of taxes or. other liens or charges by Lender shall not be a waiver of Larch's right to accelerate the maturity aE the indebtedness secured bry? this Mortgage. li Reswesks Cwrwwhtivrt. -All remedies provided in this Mortgage arc distinct and cumulative ro any other right or r+err~ly ttr!dsr ibis Mor!•~•e er alf~d by !aw of et;ssity, and rs:sy sxe:r~ co ~usr::sttly. ism-ztly or s~~essivr!)r. 13. Stscrasass sari Asigws > .iei.t sari Betties i3abiiiy; Ca~atws. The covenants and agreetntats herein contained shall bind. and the rights hereunder shall inur+g to. the.respective strotxssors and assigns of Leader std Borrower. wbjed to the provisions of puagnph 17 hereof. All covenants and agreerrrents of Borrower shall be joint( and sevaal. The pptions' and headings of the paragraphs of this Mortgage arc for convenience only and ate not to Ile used b interpret or define the provisions hereof. _ _ ` 14. Notice. Except for say ratite required under applicable law to be givrn in another maruter, (a) any notice b Borrower provided for in this Mortgagee shall be given by mailing such notice by certitled math addreaed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender at provided herein. awd (b) any ratite to Lender :hail he given by certified mail. return receipt requested. to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower ss provided herein. Any notice provided for in this Mortgage draft be deemed to.have been given to Borrower or Lender when given in the namrer desigrta/ed herein. 1S. Uwitorti Mortgage; CoverwiwR Laws SeverabiWr. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute s uniform security instrtrrrrent eoaraiag real property. This Mortgage :hall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision oa claux of this Mortgage or the Note conflicts with applicable iaw. such oonAict shall not aQect other provisions of this Mortgage or the Note which can be given effect without the oonflictirrg provision. and to this er~d the provisions of the Mortgage and the Note_ arc ckclared to be severable. _ . - _ - _ _ ~ lti. >sersewes's Cep Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..'l~awsfer of tie AsstwaPtiow. if all or any part of the Property of an interest therein is soW or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a porches money security interest for household- appliances, (c) a transfer t+y devise, descent or by opention of law upon the death of a pint tenant or (d) the grant of any leasehold inteLat of three yeas 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 aocdente if. Prior to the sale or transfer. Leader and the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest pay~bk on the sums secured by this Mortgage shstt be at such rate as Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's strcoeaor in interest bas executed a written assumption agroemmt accepted in writing by Lender. Lender shall release Borrower from all obljgations under this Mortgage sad the Note. If ltatder exerceses such option to accelerate, Lender shall mail Borrower notice of aocekntion in aecordancc vrith paragraph 14 hereof. Such notice shall provide a period of not less thsn 30 days from the data the notice is mailed within which Borrower may pay the sums declared due. if Borrower tails to pay such sums prior b the expiration of wch period. Larder may. without further aotiee or danand on Borrower. invoke any ranedies permitted by paragraph lg her+eaf. ~ Nart-Unt~orwt CavsNntrss.. Borrower and Lender further covenant and agree as foNosrs: li. Aerdeatis~ Rewsesiet. B:es}t as prevYes i pssagrapU 17 in+ed, ~M >losarawtrs isesei of any csvesMrrt K agrte~e.l of lerrswer Y tits Mosl=sge. iaeisiag tie tevewsafs b !h' wtrea sett ~ awrra ste¦rei i7' lilt 1NtslRage. iwoier psMr it sceelesaasw attar aaaN a>otlce a lsosarawer ass dies r ptnga/U 141reseet speetfjiag: (1) Ae batwels t'=) tie a>ttitw s~irti w erne sttKi • i/s. wtt less Mw 3t says fawn tlrc sale tie ststlet r aWss M Btsarrwar. b whiei ssidr tiseaci Mat ire ewts; sirs (41 MI tarwse N erne arses ireaei tw K itetore tie sale spteYsi i• tie welter tru)? resist r soakeatltm d tie s¦r¦s ttc¦ats f>f tits Meelpge, tesecltswre fy ji./lel.l !s'eetoing awtl sale of tie rs~erly. '11re .sties asst tstrlier irfisw ilerrriwetr of lie rtRit a rebatale after .ceeksMlorr aws tie right M aaseA i lie tarteNswe ~seaittg tit wttadslaree .f . adaait err >as «ier adore of )llor+ewer 1. sceekssiMw sws rrtel.s.se. if tit Dae.ei t...t crises otr ldore tie sate speefisi i. are riolka Leaser a i.ewier~s options stay aeilaie ai of tie arises seewrsa b tW Mtstgppe Us i>K isaisseiiMely isle s¦i ~afse wilioiN twAier serwaad aw/ tray ttstekss lift MtstgiRt r!' jataielal prtata¦R. Lewder xisN ire ostMka M s+tMet V awes parestsiwg aft capers of foseelts~re, I.ei.ais~ 1wt wst irMss re. aastwaiie stWrsKy's tea. W salt st s.ea.t¦t.r)? rviaewoe, aMtrscls arse Bat r+epts7s. i!. lltsrr_ w~a'r Rat N R~dttsg/a NdwithstandinE Lender's ~ooekration of tht sums secured by thn Mortgage. Horrourer shall have the right to have any prboeedin~ t~t~u~lry~tdada ta~amfora ' - ortPge ~n - err airy. trine . gfl~K 3~6 Pd~E 45