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HomeMy WebLinkAbout0533 ' ~ ~ . ~ : ~t is cr~ Lender's written sgreewertt or applicable law. Borrower shall pay the amount of ap mortgage insurance ptpaiutm is tM manner provided under paragraph 2 hereof, Any amounb disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mopg~e, U~ Borrower and Lender agree to other terms of pymatt, :rids amounb shall be payable upon notice from Leiide' io Borrower requesting payment thereof, and shall bear interest from the date of disbursement. at the rate payable front tune to time on oubtandirtg principal under the Note unless paywiait off interest at such rate would be contrary to applicable law, in which event wch amounb shall bear interest at the highest r its permisst'bk under applicable law. Nothing contained in this paragraph 7 dull require Lender to incur aioy e~rpeme ar ttke any sction hereunder. ~ , >R lsspeelMw. 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 cause therefor related to i.enders interest in the Property. CowdesiwMiow. The proceeds of any, award a claim for damages, direct a consequential. in oonnectiow with any condemnation or other taking of the Property, or part fhercof. a for conveyance in lieu of condemnation, arc hereby a~gned and :hall be paid to Lendu. - _ in the event of a total taking of the Property. the proceeds shall be applied to the wms secured by this 1tiostgage, with the excess, if any, paid to Bormwer. in the event of a partial taking of the Property. unless Borrower and i~ewder otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the pt+ooeeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the data o[ taking bears to the fair markN value of the Property immediately prior to the date of taking, with the balance of the proceed: paid to Borrower. If the Property is abandoned by Borrowef, or if. after notice by Lender to Borrower that the oondemrior ol[as to males an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date soda notice is mailed, Lender is authorised to collect and apply the proceeds. at Lender's option.. either to restoration or repair o[ tie Property or fa the sums secured by the Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installmenb. 1f1. •orrewer Nof Rtigaei. Extension of the time for payment or modifkation of amortization of the sums seair~ed by this Mortgage granted by Tender to any successor in interest of Borrower shall not operate to release. in aiy manries;. the liability of the origins) Borrower and Borrower s successors in interest. Lender shall not be required to commence proceedings sgairW such wccessor or refuse to extend time for payment or otherwise modify amortization of the sung secured by this Mortgsge by reason of any demand made by the oriltinal Borrower and Borrowers suceeesors in interest. 1l. Fosiesrawce try Lewier Not a Waiter. Any fofiearance by Lender in exercising any right or remedy heramder, or otherwise afforded by appligbk law, shall not be a waiver of or prechde the exercise of any wch right or remedy. The procurcmeot of insurance or the payment of taxes or-other liens or charges by Lender shalt-not be a waiver of Lender's- - - right to sccekrate the maturity of the indebtedness secured by this Mortgage. It Reweiks Ctwtis~latlvt. Ail remedies provided in the Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or af[orded by law or equity, and may be exercised concurrently, indeperidattly or wooessivdy. ' 13. 3weeessers aai Assigns loritii: Joiwt awl Setresal i.iabirly; CaptMrrs. The oovenanb and ap+eetnenb herein contained shall bind. and the righb hereunder shall inurg to. the respective successes and assigrn of Lader ad Borrower. wbject to the provisions of paragraph 17 hereof. All covenants and agreemenb of Borrower shall be jdrd and several. The captions' and headings of the paragraphs of this Mortgage are for convenience only and are rat to tk taed~ to interpret or define the provisions hereof. 14. Notke. Except for any notice required -under applicable law to be given in another manner. (a) any ratite to Borrower provided for in this Mortgage shall be given by mailing Stich notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and (b) any ratite to Lender shah tw given by eertitkd mail, return receipt requested. to Lenders address. stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. flay notice provided far is this Mortgsge :hall be deemed to have been given to Borrowier or Lender when given in the manner designated her+eio. IS. Uwitata Mort~e: Govenririg Law: Severa6Bify. This form of mortgage combines uniform oovenanb !or national use and ran-uniform rnvenants with limited variations by jurisdiction to coratitute a uniform security inwument covering real property. This Mortgage shall be governed by the Iaw of the jurisdiction in which the Property a located. In the event that any provision or clause of this Mortgage ~r the Note conflicts with applicable law, such conflict shsll not aReet ~ other provisions of the Mortgage or the Note which can be given eBect without the conflicting provision. acrd to this f end the pr6vKiorit of the Mortgage and the Note are declared to be severable. li. lerrowes's Cody. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tint of execution or after recordation hereof. 17..'i~awder of pie Ps~opesty: Assiiwpiow. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Leader's prior written consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for housdiold appliances. (c) a transfer by devise; descsnt or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yeah a less not ooMaining an option to purchase. Lender may, at Lender s option. declare all the sums secured by the Mortgage to be immediately due and payable. Lender shall have waived such option to aocekrate 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 utistactory to Lender and that the intert~st payable on the sums secured by this Mortgage snail be at such rate a_s Lender shall nsquest. if Lender hu waived the option to accelerate provided in the paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obljgations under this Mortgage and the Note. If harder exercises such option to accelerate, Lender shall mail Borrower notice of aocekration in accordaricc Frith paragraph 14 hereof. Stiicli notice shall provide a period of rat less than 30 days tress the date the ratite is mailed within which Borrower mar pay the wms declared due. if Borrower fails to pay such sums prior to the expiration of such period. Larder may. without further. notice or demand on Borrower. invoke any remedies permitted by panagraph 18 hereof. Norr-Ur+taAortnr Covsrrsrrr~s. Borrower and Lerder further covenant and agree as follows: Ir. d~ Reitiles. Facrgt at M'srMed i• Magra*6 17 iesset. talon •eerwsxr'a isewei st awr ewswswt K ap~eawewt d resrawer b tliis Mettgnge. iweiwisg the eeraawts fe Pq1' when awe any sswas seewsei ti Ass MafRags. 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Lewier ad t.ewier's epllow raj ieeias+e si eft tfM wag stewei b tAtis Matgpypt ~ rte laaastifakly rase ayii pt~yaMe wfliost ftiAlie' dewrand as/ may taeeltse pris Masfsagt ilq jwikW praeseiR. i~ewder der ils swtilki M cartel r wet pratediag ant e~asa wt fasciowrt, reirdirrg. ilrrt west rrnlMi Mr reaswaYt sttwwep'a tees. aa~i alas et itaeawewfrr7 evidewts+ siatnelt awl tMk ss/ab. 1!. Nesawn"s Ry1rt a Rsisstate. Notwithstanding Lenders aooderation o1 the wms secured by thrt Mortptge. Borrower shall Gave the right to have any proceedings begun try Lender to enforce this Mortgage discontinued at gay time j BOOKAIV P11GE