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HomeMy WebLinkAbout1238 "'T . Lender's written agreement or applicabb law. Borrower shall pay the amount of all mortgage insurance ptt:miuau in the manner provided under paragrsph 2 hereof, i Any amounts disbursed by Lender pursuant to this Pti ~ twith interest thereon, shall bocome additional indebtedness of Borrower secured by this Mortgage. Unless B~~ er and~Lender agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest ft+om the } date of disbursement at the rate payable from time to time on outstanding principal under the Note unless paj?tnsnt of t interest at such rate would 6e rnntrary to applicable law, in which event such amounts shall bear interest at the highest rate ~ permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense a rata any aMion hereunder. - sR Itsspeeaow, 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 spexifying reasonable caust: therefor related to LendePs interest in the, Property, - 9, Cosrdewwaaorr, The proceeds of any award or claim for damages, direct or consequential. in connection with say condemnation or other taking of the Property, or part thereof, or far conveyance in lieu of condemnation. are hereby assigned and shaft 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 Mortgage. 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 sums secured by this Mortgage such proportion of the ptoexeds 4 as is'qual to that proportion which the amarnt of the sums secured by this Mortgage immediatety prior to the date o[ taking bears to the fair market value of the Property immediatety prior to the date of taking, with the balance of the proceeds paid to Dorrowtr. If the: Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to mate an award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after 'the date such notie:e is mailed, Lender is authorized to collect and apply the proceeds. at LerMer's option. either to restoration or tgssir of tee Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shag not extend ~ or postpone the due date of the monthly installmrnts referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. >sorrewer Not Releases. Extension of the-time for payment or modification of amortization of the sums secured ' by this Mortgage granted by Lender to any successor in interest of Borrower shall not ope*ate to-release, in any manner, $ - the .liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to comrrrerroe 3 proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by-mason of any demand made by the original Borrower and Borrower's sucexssors in inttr+est. 11. Fotreannrce r! L,esdtr Not a Wainer. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or cfiarges by Lender shall not be a waiver of Larder's right to accelerate the maturity of the indebtedness secur+cd by this Mortgage. 12. Ree~edies Ca+welaart. All remedies provided in this Mortgage are distinct and cumulative to any other right or rcmedy_under this Mortgage or afforded by law or equity, and may be exercised concurrentty. independently or successively. 13. Saceessors sand Assigns sorrad: ,John send Scweral i.r, Captions. -'s'he covenants and agreements herein contained shall bind, and the rights hercuntkr shall intrr4 to. the.respexti~ successors and assigns of Lender apd Borrower, subject to the provisions of paragraph 17 hereof. All rnvenants and agreements of Borrower shall be joirtj and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to Ke used to s inttrprct or define the provisans hereof. 14. Notice. Except for any notice regtrircd under applicable law to 6e given in another manner, (a) any notice to - ` Borrower ptvided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at s the Property Address or at such other address as Borrower may designate by naict to i.ender as provided herein, and (b) any notice to Lender shall. 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 shall be deemed to have been given to Brsrmwer or Lender when given in the manner designated herein. 1S. Ustform Mort~e; tyoreraisX Lsrr. SerenbBity. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument-covering tea! property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the I event that any provision or clause of this Mortgage or the Note conflicts with :pplicabk law. such conflict shall ram affect other provisions of this Mortgage or the Note which can be given etlext without the conflicting provision. and to this end the provisions of the Mortgage and the 1Vote are declared to be severable. if. >jon~ower's Co'y. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time _ of execution or after recordation hereof. 17..7rarrstTer of tie Property: Assarnptiou. If a!I or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding fa) the creatan of a lien or encumbrance wbordinate to this Mortgage, (b) the crestian of a purchaa money security interest for household appliances, (c) a transfer by devise, ~ descent or by operation of law upon the death of a joint tenant or (d) the ,want of any leasehold interest of three years or less not rnntaining an option to purchase, Lender may, at Lender s option. declare all the wms secured by this Mortgage to be immediately due acrd payable. Lender shall have waived "such option to sexxlerate if, prior to the sale or transfer. Lender 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 interact payable on the sums secured by this Mortgagt shall be at such rate a_c Lender shall request, if Lender has waived the ogion to accelerate provided in this paragraph 17, and if Borrowers successor in ~ interest has executed a written assumption agreement accepted in writing by Lender. Lender shalt release Borrower from all obligations under this Mortgage and the Nae. ~ If bender exercises such-option to accelerate, Lender shall mail Borrower rrotict of acceleration in accordancz M•ith paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the_date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender may. without further notice or demand on Borrower, invoke spy remodia permitted by paragraph Ig hereof. i Norr-UlrIFORM COVENANTS. Borrower and Lender further covenant and agree as foilo+rs: filf. Aceeiaatio~ Rtrntdks. Except ss proviies iw Mragraplr 17 rereol, t*on •orie?wes's iseaer of say eorenaN or a+gree~t err >tosrower M tits Mortga:e, tie eoreauwts to pq wren sae aa)! narrr seewe~i y tYs Morgts~ge. Lssriefr prior N aceekrstloa siaN sndi novice to lorrowe: ss prorNN b paragrapr 14 rereot yecltpisF t1) the bstaela (2) tie setion seel.ired fo eae seer beese~ t3) . i1e. na less uaw 3• days trorn arc sate tie .Dace is .sales Bes»wer. ti wrier sner rswcr .tit k etsre~ ..s fiat hriltrre to e:ttre race rreser ow or iefore tee sate sPeeMtd i• arc encase rtay rt:trlt i• secekraatw of tit ama sec.e+td ry err Mortgage, roseclo..rt b i.dkial proetteli.g as sale et are itroperty. Tie wetiet - snail firrtrer iwfortsr Borrower of tee rtRIN b rei~ate after accekratbn and ate right to assert f. are toreeioawe psocteeittg - tre ootacWares of a sefaok or say otter defense of Torrower to ~ errs tatelosore. N tee Traci is oat awM ow or before are salt spteiitd i• are notice. Lender at Lender's optjoa way dcehrc r et tee wms seesrnei y tW 1Nortpgs fir re tmrnesiatey iw and payaiie wifront ferettrer demwnd sad nrty tereelae errs Mettgagt b M'~~alt• T.tnder dri iK enfWtd to eolfeet iw sre+ci Noctsdirrg sB a:peesses of foreclostn~e. lnelodi~. rut s+N IMrites to, rtasonaile sttorrreYs fee. { atsd cost of sote~-~sentary eriderree, abstrsct send title report. 1!. i3orsewa's R~rt to Reinstate. Notwithstanding Lender's scaekratiar of the sums secured by this Mortpge, ' Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time b,wK~~~ P4G'f~~•e~V