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HomeMy WebLinkAbout0539 . 5 . Lender s.writtan , ~ ~ i + r ~ agreement or applicable lew. Borrower shat! pay the amount o[ s~ mortgage insurance premiums is tbs . manner provided under paragraph 2 hereof, Aay amount: disbursed by [.ender pursuant to this parsgraph 7. with interest thereon. shaft becortre addititsaal indebtedness of Borrower socurtd by this Mortgage. Unless Borrower and Lender egrets b other teraa o[ paytrterrt+ such amounts shall be payable upon notice from Lenders la Borrower requesting payment thereof, and shall bee interest frow fire date of disbursement. at the rate payable frorrr~time to time on outstanding principal under the Note unlea payment of interest at such rate would be contrary to applicable law. in which event such suraunts strap bear interest at the highest role permissible under applicable law. Nothistg contained in this paragraph 7 shall roquire Lender to intro art)r expeaos err tab any action hereunder. >R laspeeNar. lender may make or cause to be made rtasonabk entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection sptxifying ttawnabk cause therefor rtlalad b Lersdera interest in the Property. . CoatlewsWioa. The proceeds of any award or claim for damages, direct or consequential. in eonaeetioa with nay condemnation or other taking of the Property, a part thereof. or for conveyance in lieu of condemnation. are hereby awigaed and shaii be paid to Lender. in the event of a total taking of the Property, the proceeds shall be applied to the sums stxured by the Mortgage. with the excess, if any, paid to Horrovrer. In the evrnt of a partial taking of the Property. unless Boreo+rrer and Fender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion o[ fire proceeds as a squat to that proportion which the amount of the sums secured by this Mortgage immediately prior to fire dale at takitrg bears to the fair market value of the Property immediately prior to the date of taking. with this batarra of the proceeds paid to Borrower. if the Property is abandoned by Bor+•ovver, or if. after notice by Lender to Borrower that the oondeannor o![as b codas an award Car settle a claim for damages. Borrower fails to rapond to Lender within 30 days after the date such notice is mailed, Iaeredtr is authorized to collect and apply the proceeds, at Lender's option. either to ratoratron or repair of ere Property- or to the sums secured by thisJ4t4rtgage. _ Unless Lender and Borrower otherwise _ or ,postpone this due date of the tttonthl rnst~llmetn rrefergrtd to in h application of proceeds to principai-shaii got oxford - - y " Paragraphs i and 2 hereof or change the amount d such irr:ttllrrsents. lt. tierr+ower Not Rekaoti. Extension of the time for payment or modifkation of amortization of the scams segued by this Mortgagee grrtnted by Lender to any successor in interest of Borrower shall not operate to release. in any meaner. the tiabe7ity of the original Borrower and Borrower's successors in inttrtst. Lender shall not be required b commence proceedings agairat such successor or refuse to extend time for payment or otherwise modify arreortization sf the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's srrceessors in iMertst. ii. Forreararsce the I,ertder Not a Waiver. Any forbearance by Lender in exercising any right or remedy ireaaNrder. or otherwise afforded by applicable law, shall not be a waiver of or preclude the txercae of any such right or tranedy. The procurement of inwnnoe or the payment of taxes or-other l'rera or charges by-Lender shalt not be a waiver o[ bender's - right to axelente the maturity of the indebtedness secured 6y this Mortgsge. 12. Retwtiita Ctru~tAali~e. All remedies provided in this Mortgage art distinct and cumulative b any other right or rtaredy under this Mortgage or afforded by law or equity. and may be exercised corscurrmtly. indepersdeatly a stsootwively. ' 13. 9tecesrsr+s area Assifpas )toruri; .Tout aai Several i.ia6itNy; Ca*tioru. The eovenanb and agreements heron eontairred shall bind. and the rights hereunder shall inure to, the.rapective wocasors and assigns of Lender spd BaKrower, subjxt to the provrsrons of paragraph 17 hereof. Alt covenants and agreements of Borrower shall be joie and... several. The captions'and headings of the paragraphs of this Mortgage are for eonven"eenoe only and era not to fits used ~o interpret or define the provisions hereof. 11. Notke. Except for any notice required under applicable taw to be given in another manner. (a) any rrotioe b Borrower provided for in this Mortgage shall be given by mailing such notice by oertifled magi sddrascd to Borrower at the Property Address or at such other address as Borrower may designate by ratite to iertder ss provided herein, and (b) any notice to Lender :hall he given by certified mail. return receipt requested, to Lender's address, stated isertin or to such other address as Lender may designate by ratite to Borrower ss provided herein. Any notice provided for in fhb Mortgage shat( be deemed to have been given to Borrower or Lender when given in the rnanrrer dtaignated Iserrbr. iS. Uaifara Marge; GomsiaR Law; SeverabiWY. This form of mortgage combines uniform covenants !a uafand use and non-uniform covenants with limited variations by jurisdiction to corwtitute a uniform security iratrunrent ooverirrg r+al property. This Mortgage shall be governed by the law of the jurisdict!r"~~s in which the Property a totaled. In the event that any provision oa clause of this Mortgage or the Note eordlicts w$lt'applicabk taw. such conflict shall net aflett other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this end the provisiots of the Mortgage and the Note arc declared to be severable. lf~. )sotro~wers Ce*y. Borrower shall be furnished a conformed roPti of the Note wad of this Mortgage at the time of execution or after recordation hereof. 17..Tra¦tfer of tk Property; Astrrrrrptiow. if all or any part of the Property or an interest therein is sold 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 purchase money security interest for household applianoa, (c) a transfer ley devise; descaU or by operation of iaw upon the death of a joint tenant or (d) the grant of any leasehold ir?ter+at of three years or irw not containing an option to purchase, Lender may, at Lender s option. declare all the: scans secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to aooelerate if. prior to the sale or trsnsfer. Lender and the person to whom the Property is to be sold or transferred reach agrtrntent in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums stxured by this Mortgage shall be at wch rate as Lender - shall request. If Lender has waived the opion to aeoekrate provided in this paragraph 17. and if Borrower's successor in interea has executed a written assumption agreement scxepted in writing by Lender. Lender shaft release Bomovrer from ate obijgatiorrs under this Mortgage and the Note. If mender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in secordance with paragraph 14 hereof. Suds notice shall provide a period of not less than 30 days from the: date the ratio is mailed within which Bornower may pay the cams declared due. if Borrower fails to pay such seems prior to the expiration of wch period. Tender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Note-Urnt~onr?t Covet~raxrs. Borrower and Lender further cawenarrt and agree as folbws: 1B. AecYleagors; Reaseiles. E:eept as provYsd err Mragrapb 17 Hereof, upon liarsowes's iu~eaelr at arrf cyvesrarrt err agxoesawt at Borrower `fib Mortgage. iscrri¦g Ire corerrwts to day carat ire aty scan stewed b lib Msrplage. i.ersier prix M seceiefatlarr sits aril ¦etlce tr.Iiorrawer as ptorMel M paragra/le 11 iercof spoelfj~iKs (1) tic ireaela (2) tie ar1Na tpiei M etrro freer ieeatk • net less Iran M days frow ere ire lie aefiee b tstatiei M >lornwer, b wtski sues UtwKi cant re ews~ aai to (rat teeing N ewe; seer rreaer aNr err iefare Nee late apeeMtei r Nee rrotiee way er<wM bt saetlerrtlo..f ere w.t stcwsti h Kris Ma~tgage. iir~aiorore b }iirhl pr«+etfirrg a.tl stag tat Net Prrperty. 7Ut .otla freer frrlrer irfir~ iwrrrrwer of tie rtgM w reiwlalt otter ~ tree Nee rlgrt le aanrt i• tiro taeeMawe ptetatoitg ere noa•rslMeaa oft a ietarrlt or an7 Neer defense of BorrrwK a aec+ekralioa area taccioarrrc. >d lie irrtaer b tot ewer! ors or rdare Nro ire geetiei r !re rtotlea Leerier sN Leaders apN.. fay iteiarr! ai.f era snrtt stcwei y lrb ll/artgrype 1r! its t~eiy tMo anti MysYe witror tsrrtlrer densand- arrd Wray tareelore tltilt Mottigaga b IOW Il• Lender due re agliei a effect tw wee pt+aeesiisg ate arparsa of far~ecleswe, i.elnai.g, i.t snl irilti 1t+. reatorraMe atderaet?+s t~oes+ atsd coals at ioe~whtq triieace. arahseb arts NNe reports. 1!. •arrsrwes'o Right a Rei¦ttala. NotwithstsndinE Lender's aooekration of the cams setarr+ed by then M~rtgage• Borrower shall have the right to have any proceedings begun hY i.ender to enforce this Mortgage discontinued at usy time a~~316 P~ 539