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HomeMy WebLinkAbout0471 4 ..3. _ , ~ Leader`s wriuea agreematt or applicable Mw.• Borrower shall pay the amount o[ cep mortgage iasunnoe premiuaas is the • meaner provided under paragraph 2 htaeof. Any amounts disbursed by Lender pursuant to this pangnph 7, with interest thereon, shall booms additiontl indebtedness o[ Botrowtr secured by the Mongage. Unkss Borrower i~ fe~r ~grce to other terns of pynreat, atclt amounts shall be payabk upon notice Fran fender to Borrower reques~ /ayraent•thercof, and shall bear interest free the date of disburaemrnt. at the rate payabk from thee to time on outstanding principal under the Noes unless pajrseet of interest at such rate would bt: contary to applicable law. in which event such amounts :)tare bear interest at tlrs highest rule permisst'bk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur aey etcpease ar tab any action lteteuader. >R Lender may make or cause to be made reasonable entries upon and irtspeetiotts of the Propedy. proa?ided that Lander shall give Borrower naive prior to any such inspection specifying reawnable cause therefor related to i.astder'e Interest in the Property. Cam. The proceeds of any award or claim for damages, direct or consequential. in vogrtectioe with ssty cottderr?nation or other taking of the Property, a part thereof. or for conveyance in lieu of oortdwnaation. are heseby astijrted and shall be paid to Lender. - in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortpge, with'the excess. if say, paid to Borrower. in the evrnt of a partial taking of the Property. unless Borrower and Feeder otherwise agree in writing, there shall be applied to the sums secured by the Mortgsge such propodiort of the preoeeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the dale o[ taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the pooeedt paid to Borrower. If the Property is abandoned by Bor.~ower, a if. after notice by Lender to Borrower that the oatdenmor ofi?as eo ntab _ an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after -the date sttclt notice ie mailed. Lender is authorised to collect and apply the proceeds. at Lender's option. either to testaation or repair a[ tle Property or to the wins secured by this Mortpge. Unless Lender and Borrower aherwise agree in writing, any such application of proceeds to principal sled not e~tlatd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the ttmotmt d such irWallmeats. !t. Ben~ower Nol Reieaaea. Extrnsion of the time for paymrnt or modifkation o~ surtortization of the sums secured by this Mortgage gratnted by Lender to any successor in interest of Borrower shall not operate to release. is tm)? manner. the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to oommertoe prooeedirtgs against such successor 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 Borro?ver's >ittcceasors in inter+at. 11. Foriearawee b Lewilr Nat a Wairer.-Any forbearance by Lender in exercising any right_or remedy lter+aetder. or otherwise afforded by applipbk law. shall not be a waiver of or preclude the exercise of any-such- right- or The procurerttent of insurauoe or the payment of taxes.or other liens or charges by Lender shall rat be a waiver of I~ertda's _ right to atxxkrate the maturity of the indebtedness secured bry this Mortgage. It Resedies Caeteiatl~. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Matgage or atiaded by law or equity, and may be exercised oortcttrrerttly, indepertdentty or suooasively?• 13. Seeeesaars aa~a Asiges Bowti; .ioint sssa Several ijrtbifitjr, CaptMns. 'ilte ootrenaMs aril agreeetatts herein ootttained snail bind and the rights hereunder shall inurg to, the.respective s?tocessors and assigns of Lender apd Borrower. g subject to the provisions of pangnph 17 htrcof. -All covenant= and agreements of 8ormwer shalt be joird and several. '11te captans' and headings of the paragraphs of this Mortgage are for oonveritenoe only and are not to lk used to interpret or define the provisions hereof. ~ 14. Notke. Except for any notice req?tired under applicable law to be given in another manger. (a) any notice b Borrower provided for in this Mortgage shall bt: givrn by mailing such notice by certified mat'1 addteesed to Borrower at the Property Address or at such aher address u Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shad Ire given by certified mail, return receipt requested. to i.ertder's sddress. stated 6eiein or to such other address as Lender may designate by notice to Borrower ss provided herein. Arty notice provided for is thb Mortgage shall be domed to have been given to Borrower or Lender whew given in the manner desipttued Iterert. iS. Urtitorw Modgage; Goverstirtg Law: Seversl~ty. 'lltis form of atortgttge combines uniform oo~enants for national use and non-uniform covrnants with limited variatiats by jurisdiction to constitute a unifonrt security irWtruntenr covering neat property. This Mortgage shall be governed by the law of the jurisdiction in which the Property alocated- To the event that any provision or clause of this Mortgage or the Nae conflicts with applicable law. such conflict shsll not alkct other provisions of this Mortgage or the Nae which can be givrn e6ect without the eoefiicting provision. and to this ~ end the provisions of the Mortgage sod the Nae are dcelared to be seveabk. 14 Bersowes's Con Borrower shall be furnished a conformed Dopy of the Note aril of this Matgage at the time of execution or after recordation hereof. 17..'!M1a¦ater o/ tre Ps~operly: AswrRtiow. if all or any part of the Property or as interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding ta) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise; descsat or by operation of law upon the death of a joint tenant or td) the grant of any IeasettoW iMe~ of three yeah or less not ooMaining as option to purchase. Lender may, at Lrnder's option. declare all the sums secured by the Mortgage to be immediately due and payable. Lender shall have waived s?tch option to aooekrate if. prior .to the sale or transfer. Lender and the person to whom the Property n to be sold or transferred reach agreement 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 shall be at such rate ss Leader shall request. if Lender has waived the option to accelerate provided in this pangaph 17, and if Borrower's successor in interest has executed a wriurn assumpian agreentertt accepted in writing by Lender. Lender shall release Borrower from all obijgations under this Mortgage aril the Note: if harder exercises such option to accelerate. Lender shall mail Borrower notice of accdention in aooordancti with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice s retailed within which Borrower may pay the sums declared due. if Borrower fails to pay such sums prior to the expiation of such period. Lender may. without further notice or danand on Borrower. invoke any remedies permitted by paragraph lg hercot. Non-tJntPOru~t GmrFrrarr~s. Borras?er and Lender further covenant and agr+a as fotlo~r?s: lt. Aceelkadaei Remeiies. l~ee}t sa N'ovfiad la 17 hereof. Rear >tass~awes's rsttatr a[ aey eavettaet et: agrsemenl et 1Mrsewer r tris Mostgage, rteleartg Nts eo+ewws w ~ wree see ahr nets seeerea h tW 1• lacier psior M atedeseNae stab mail eollee w Borsower as ps~seiiei M rragra/b 14 rteea[ speelfriags (1) Nte bseeek t=) the steNaw spaMei M eestt trail rseaeri (3) a eats. cot less Nan 3y sap trrrrs tre ease Ire stance r aware+ M /arsrwer. b wrkr seer rseeer at lie ~ siei (4) Nat tatiete a erne steer rseser oe K refuse Ire sale ~ ~ s~ ~ Propestl~ ~iatie`t sonleaiNfae of the s¦i¦r seesea b Nils Modgage, lasmioasu~r ti ji.tlelal Moe~i tsar tedrer rtfies lloenwer et Ire rigrt a reteshle aNer seeekrMiat sea trt rtgltt M aced t• Ire /osedaswe /neeeting tre eoe•rxYleriee ed a aefalt.r ay after adeeae et llornwera aeetare r ~ ~ a~.~ y?~Nrl. rMa ~a~ta r a letose Ire sale spaelMd r tre eoNee. L:eier ae [.eeaer"s a/tiorr aaay it~eiafdj? arse tree psyarle wgroat fsistrer acawoad aaxi .rn tasseNse er4 Mastgage b? ~ ! T.s"ae. ~rsi re eefMlea N eailMd !w arer N.e«ai.s ant ex~estses d fersclosrrrre. leet¦itrtg. r.l sot Bsetlei l., reasaearlc alturrtsy"s fees. aei eeais s! iretuaatlars + aratrsed sea Nile te'asls. - ---31.--laeao~'a-It~1a- Nawithstandi~ Lender's acceleration d the sums setaued by thn Mortpge. to n - - to en-force the`Mnttp~ ditcaatinucd st-arty-tiraE--- Borrower shall bave the right to have any proceed' gs begu -~j? i~.ender - - ao~ 316 PEE 471