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HomeMy WebLinkAbout3001 - - Lender's written agnernetet ar applicabb law. Borrower aleall pry the amount of sp rrwrtgage insurarroe ptaaitaass iA the maareer provided under paragraph 2 hereof. Any atrtouMS d'esbursed by Lender purwant to this paragraph 7, w{{~?,, ate thereon, shah become sdditiowd indebtedness o[ Borrower secured by this Mortgage. Unless Borrower ara~ :Gti~r ag to othor terms of payttttsat, sttdt amounts steal! be payable upon notice from Lender to Borrower requtxting payment thereof. and shall beu interest heap the date of disburstxreatt. at the rate payable from time to time on outstanding principal under the Nobs unless psiymettt of interest at such raro would be contrary to applicable law, in which event such amount shall bear interest at the hi:ltest rule Peerniuibk under applicable law. Nothing contained in this paragraph 7 shall rgquire Lender to incur say expearse of tabs any action berarador. , >L . Lender may make or cause to be made ressonabk entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related 1o Leetder"a interest in the Ptoperty. f. CsatieataaAew, The proceeds of any award a claim for damages, direct a coresequattial, in oorrnedlow ~ soy ooredemreation or other taking of the Property, or part thereof, a for conveyance in lieu of condemnation, are hereby asadgoed and shall be paid to Lcradcr. in tlee event of a total taking of the Property. the proceeds shall be applied to the sums secured by the Moetgagea, with the excps, if any, paid to Borrower. in the event of a partial taking of the Property, unless Borrower and Letdx otherwise spree in writing, there shall be applied to the sums scoured by this Mortgage such proportiat oY the proGeeelt as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior- to the dale at taking bean to the fair market value of the Property immediatety prior to the date of taking, with the balattoe of tbs peoebeds grid to lgrnowor, if the i'roperty is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor otfas to mtbs sn award or settle a claim for damages, Bormwrr fails to respond to Lender within 30 digs aher'tbe date such aaotios is mailed. Y.endor is authbritxd to collect and apply the proceeds, at Lenikr's option, either to trsloratiort a repair d 16s Property.or to•the sums socerrrd by this Mortagage. ' t Upkss Lender and Borrower otherwise agree in writing, any such application of proceeds to pritcipal shag not extend or postpone the due date of the monthly installrraents referred to in paragraphs 1 and 2 hereof or change the amount a[ such inttaitrrlsnts. 1~. , ~eerotwer Mot Releases, Extension of the time for payment or modilkation of arrtortiaation of the sums secured by tTiis ititortgage granted by Lender to any successor in interest of Borrower shall not operate to release. in any tnatutet the liability of the original Borrower and Borrower's successors in interest. Lender shall not 6e requi~+Cd to oomtrrereoe proceedmgs against such wocessor or refuse to extend time for payment or otherwise modify strtortir~etion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowcr'a sercoes<+ors in interest. 11. Forbearance ly Leseeles NW a Waiver. Any forheannce by Lender in exercising any right or remedy heratrder. or otherwise aRor~ded by applicable law, shall not be a waiver of or preclude the exercise of any such right or t+aeredn The procurement of insurance a the payment of taxes or other iKns or charges by Lender shall not be a waiver of Lender's right to sccekrate the maturity of the indebtedness secured try this Mortgage. it Rea~eiks Crr¦[riatlve„ All remedies provided in the Mortgage are distinct and cumulative to arty other right a remedy under this Mortgage or afforded by law or equity, and may be exercised cotreurter?tty, independently or aI'. 13. Swecesssrs ass Asigas >swrwd: JoMt awl Seeral T.iabih, Ca~ftswa. The covenants and agramaereb herein contained shall bind. and the rights hereunder shall intrrt to. the respective wooessors and s>sigm of Larder sad Borrower. wbject to the provisions of paragraph 17 hereof. All rnvenants and agreements of Borrower shall be jolty and se+?oral. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to lk used to interpret or defrne the provisions hereof. 14. 1Votke. Except for any notice required under applicable law to be given in another manner. (a) any reotioe to Borrower provided for in this Mortgage shall be given by mailing wch notice by certi&d mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender a provided herein. and (b) any notice to Lender shall be given by certified mail, return receipt requested. to Lender's sddress. stated herein ar to wch other address as Lender may designate by notice to Borrower ss provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when givae in the manner designated hae6r. IS. ZJai[oera Mortgage; Goveniog lasn: $:vera6iiity. This form of mortgage eombintx uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security itestrument coveting real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision oa clause of Chic Mortgage or the Note conflicts with applicable law. such conflict shall net aReet other provisions of this Mortgage or the Note which can be given effect without the oonflictireg provision. and to this and the provisions of the Mortgage and the Note err declared to be severable. Ili. lioreelwe:~i Cop Borrower shall br furnished a conformed cop)• of the Note and of this Mortgage at the time of execution or after recordation hereof. 17:.Traader of the 1't~opertyt Asarwrptior. Tf ail or any part of the Property or an interart therein is sold or transferred by Borrower without Lentkr's prior written coruent. excluding (al the creation of a lien or encumbrance subordinaro to f this Mortgage. (b) the creation of a purchase money security interest for houseiwld appliatetxs, (c)- a transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any iwdeotd interest of there yeah or less not containing an option to purchase. Lender may, at Lender s option. declare all the sums secured by this Mortpge to bs immediately due and payable. Lender shall have waived such option to aocelararo if. prior to the sale or transfer. Lender and the person to whom the Property it to be cold or transferred resch agreement in writing that the credit of such person is satisfsctory to Lender and that the iMrn~st payable on the sums secured by this Mortgage shall be at staclt rate as Lender shall request. if Lender has waived the ogion to accelerate provided in this paragraph 17. and if. Borrower's strcoessor in interest bas executed a written assumgion agreement acoeged in writing by Lender. Lender :hall release Borrower from all obljgations under this Mortgage and the Note. IE Lender exorcises such ogion to accelerate, Lender shall mail Borrower notice of aooekration in accordance with paragraph 14 hereof. Such reotiae shall provide a period of not less than 30 days from the dale the notice is mailed within which~Bormwer may pay the wens declared due. if Borrower tails to pay such sums prior. to the: expiration of such period. [.alder tray. without further notice or demand on Borrower, invoke any ranedia permitted by paragraph Ill hereoL Now-iJxrt~+oreut Cavaxuurs. Borrower and Lender further covenant and agree as fotlo+rs: 1B. AcseiaaMswt Bewails. BaeeM r trarNci L MragraN 17 rerw[. ~M >tsrrrlseatflt iseaeh at say ca~sasatt K agreeasaaR et Bsrrrsesr r tYs Marlgage. Irteietiteg Ate eoveeeareb to pair wrote sae serer aaaras atwei sir 16is 1MsrIR~ iwwitr *rMr M aeeeieraNsw sW trail seolke to liovrswer s *w~vMsr M psragw*i 14 rertsst speerjlrtgs p) ills trssaeit (2) Use sellsw setl¦lesi N toms ewes ksack tg? a isle. rent less Mrart 3I dsfs treat t<rc iaie the talks r testiai M >tanwwer. b wtaki saver lrsacl, natter k swell atttl N) teat taYwe N care web trcsaelt a er ttstoee Iles late s*se~ei r the wolk~e tttwy rash r wtxykeaAiew st the wins aaew+ei b Axis Mortgage, laescbawe y }tYeW lroessifsg sad sole w ere M*erty. 11e sseiks sW fwlleer isriittn Borrower d the rtgtti /a tctadhle slier ac+releraNsa, awe dte rtg111 is serest lw Aes tsvsHsiwe psaeseia~ lee wees~endrhwoe et w ielaeit K atq adter iel~ase o/ )torrevnr t. aeeekedisw eras tsredoeaes. r tMe ltesaer r oN eterei M K !a/es+e Mee sate sMeeliai tat Ate noises. [.ender at l.esiee's opliaw role ieeisre r it Are was staves y Atis MeatgaAe w tro . t¦rtweitNey etw a¦i pgaMe tttAoe+t twitter demand aai sap lesel..e tleit Mertyaga b W~ M~¦It• i~wdK droll k awWiei lea atiiiaet r area prreeeitng all e>Wreaass of lsreclanw.iael¦e>lag. trsM stet timtlnl rr reaseersile slturrrep's sea, a.d ass st ie'anttwttarP eiiewes, aMtrseis aaa/ ude repels. I!. Bsrtrs+ra'~s 1>t~t a Rsiastila Notswithstanding Lender's acceleration e# the sums setwed by the Mortgage, Borrowor shall have the right to have any proceedings hettun by Lender to enforce the Mortpge dsovntinued st auy liens go~x336 P~f~00p