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HomeMy WebLinkAbout1256 , i w . i • Lender's written agreement or applicabb law. Boirower shah pay the amount of all mortgage insurance premiums is the manner provided under paragraph 2 heroof. a ; Any amounts disbursed by Lender pursuant to this paragraph ~ w~th Ir)iter+est therms, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other tenors of payment, such j imports shall be payable upon notice from Lender to Borrower requesting payment therm!, and shall bear interest frorR the date of disbursement. at the rate payable from time to time .on outstanding principal under the Note unless pajrment or interest a: such rate would be contrary 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 Letrder to incur any expaae or tttlte any action hereunder. s. Itapc~etiorr. Lender may make or cause to be made reasonable entries upon and inspections of the Properly. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's interest in the Property. - 9. Condetwnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigtred 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 Mortgage. i 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 proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balatrtx of the proceeds ~ paid to Borrower. _ Tf the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemrtor otters to malts an award or settle a claim for damages, Borrower fails to respond to i_ender within 30 days after -the date such notice is mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to trestoration or repair o[ the Property or to the sums secured by this Montage. - 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 i and 2 hereof or change the amount of such installments. If). Borrower Not Rekaeel. 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 comrrrerree proceedings against such sutxessor 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 Borrower's successors in interest. ~ 11. Forbearance 6y Lender Not a WaWer. Any forbearance by Ixnder in exercising any right or remedy heretnder, 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 charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rrstedies Ctnrrtrhtliive, All remedies provided in this Mortgage are distinct and cumulative to any -other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or strcoessivdy. • 13. Snecessors awl Assigns gonad: Joint and Several Tb6iiily; Captions. The rnvenaats and agruonents herein t contained shall bind, and the rights hereunder shall incug to. the respective successors and-assigns-of Lender sttd Borrower. ; subject to the provisions of paragraph 17 berm!. All covenants and agreements of Borrower shall be joir~ and several. _ f The captions' and headings of the paragraphs of this Mortgage arc for convenience only and an not to lk used to - - interpret or define the provisions hereof. 11. Notkr. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to i.ender as provaed herein, and (b) any notice to Lender shall he given by certified mail, rctum receipt requested. to tenders address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. lS. Uniform Mortgage; Governing Law; Severs6ility. This form of mortgage rnmbina uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering t 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 or clause of this Mortgage or the Note rnnflicts with applicable law, such conflict shall not aged i f other provisions of this Mortgage or the NMe which can be given eBect without the conflicting provision. and to this j k! end the provisions of the Mortg:ge and the Note arcileclared to be severable. Iti. lorrower's Coq. Borrower shalt be furnished a conformed copy- of the Note and of this Mortgage at the time of executan or after recordation hereof. 17..Transfer or the Troperty: Aasnrnpion. if ail or any part of the Property or an interest therein is sold or transferred by Borrower without Lenders prior written consent. excluding fa) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (N a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less # not containing an option to purchsa, Lender may, at Lender s option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to aooelente if. prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred wash agreement in writing that the credit of such person is satisfactory to Lender and that the inter~~ct payable on the sums secured by this Mortgage shall be at such rats ac Lender shall request. if Lender h:: waived the option 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 shall release Borrower from all obligations under this Mortgage and the Note. if Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordancti v?•ith • pua:raph 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 any remedies permitted by paragraph 18 hereof. Note-Urn>:oatrr CoveNarrrs. Borrower and Lender further covenant and agree as fopows: la. Act:der~ Rearelks. llrsee*t as p+avMei i• graph 17 hereof. upon Sorrewes's breach d say eo~enarrt s: rtgrsearent d)torrower hz lhls Mortgage, inclalinQ Me eorenawts to My when lase aq stuns stewsi r7' this Maigage. ienier piotr to nceekrratlon sW! nail sotke to >sorrswer s prorMd In psragra'U 14 hersor specKylrtgs (1) the breach: (2) the st~tew rq.liel b care trtrch ireaeh; (3) a lstle. net ins thaw 3• days morn the date the tsotice r tttursi N lisrrarer. by wbkh crash = 6rtach narst k ett~ aai (q that faiinre to etrr~e strelt breach on K betas the late ga~iietii V t`tr notke tray rewlt r • st:cekrMisw d the start aecnrei b this Morlgttge. rereelos~rc y jnNeW pr~sesettirtg ani sale d the popery. 'lUe nstiet slrstl rtrruK inrotr~ lotro+.er d the right to rehtstate after seeekratio. and the rtgM b assert iw the ra+eel.ttrre /recssittg t1e non•exiMenee d a th'<attM or asp other leterrte d Borrower to aeeekratlotr ttt~ torYelosrua H ~e 6rteaelr L asst etrtrel on ' a bers+re dre thte spseiisi V the notice. Center st i.enlers opiow tray tleclsre V d the strtrrt ssctrrsl by this 1YlI~e1P10s 1a he Intnrelitey lase sni pykle without tnrther leatand anti nay faeeiete this M«f~age ry w~iaR. Lende..haii - ix e¦fltlel to eoiet:t `steep procaeling aB espeases of foreclss.re, hrelnlirtg. r.t asst lit.ittl N. aate.aMe stturaetr's tees. ant! setts d i.ernentary e.ile.es, ahstracb anti tWe repro. 1!. lanowa's )R~t N Reinrtatt. NotwithstandinE Lender's aocekrstion of the stuns sectued by thts Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontintxd at any time e~ 3~7 ~~f 1~'~4