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HomeMy WebLinkAbout1424 - ? w~~ ~ . ~ ld ti. ' Lender's written agreement a applicabb law. Borrower shall pay the amount of all mortgase iasurarroe premiums in the ~ manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unks} ~a~+re~a~l Lender ague to dher terms of payment, wdt amounts shag be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement. at the rate payable from time to time on outstanding principal under the Note unless paymtat of interest at such rate would be contrary to applicable law, in which event such amounts shall bear intere~ at the hi~rat rde permissible under applicable law. Ndhing contained in this paragraph 7 shall require Lender to incur any expaae ar talcs any action hereunder. 11. 1saFeetioa. Lender may make or cause to be made reasonable entries upon and inspoctiorrs of the Property, provided 1 that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's interest in the Property. _ - - - - - ~ 9. C The proceeds of any award or claim for damages. direct or corrsequeatial, in oonnectiow with any } condemnation or dher taking of the Property, a part thereof, or for conveyance in lieu of conderrrnation. are hereby assipred ; and shad be paid to Lender. j in the event of a total taking .of the Property. the proceeds shall be applied to the s?mu 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 Leader otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such- proportion of the proceeds as is egwi to that proportion which the amount of the same 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 balance of the proceeds _ paid to Borrower. if the Property is abandoned by Borower, or if. after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after •the date such notice is _ _ mailed. Lender is suthorined to collect and apply the proceeds. at Lender's option, either to restoration or t+epair of ~ the Property or to the sums secured by this Mortgage. Unless Lender and Borrower dherwise agree in writing, any such application of proceeds to~principal shag red extard or postpone the due date of the monthly installments referred to in paragraphs 1, and, 2, hpneof or change the amount of such installments. - IA. >sorrewtr Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage grunted by Lender to any successor in interest of Borrower shall riot operate to release. in any manner. the liability of the original-Borrower and iorrower's successors in interest. Lender shall red be required to cortrrtrerrce proeeedmgs against such wocessor or refuse to extend time for payment or dherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the orittinal Borrower and Borrower's successors in interest. I1. Forbearance b I~eaier Nd a Waiver, Any forbearance by Lender in exercising any right or remedy heretmder, or otherwise afforded by applicable law. shall rant be a waiver of or preclude the exercise of any such right or r+arredy. , The procurement of insurance or the payment of taxes or other liens or charges by Lender shall red be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. - 12. Rerwelies Cewrwlalita" 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 suooessively. • 13. Srsecessors awe AasTRws loewl: Joiet sail Ssred i.isbi8ly; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inuuB to. the.respective successors and assigns of Lender sad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and severs). The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to ffe used to interpret or define the provisans her~+f. it. Notice. Except for any notice required under applicable law to be given in another manner. (a) any ndice M - Borrower provided for in this Mortgage shall be given by mailing such notice by certitled mail addressed to Borrower at the Property Address or at such abet address as Borrower rosy designate by notice to Tender ss provided herein. and (b) any notice to Lender shall he given by certifkd mail, return receipt requested. to Lender's address. stated herein or to such other address as Lender rosy designate by nMice to Borrowers provided herein. _Any notice provided for in this Mortgage shall be doomed to have been given to Borrower or Lender when given in the manner designated herein. 1S. Ua~orrw Mort~e; Govereiug Law; Serersbiiity. This form of mortgage combines uniform covenants for nstiorral - use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provi:ion or clause of this Mortgage or the Note conflicts with applicable law. such conflict shall red affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this end the provisions of the Mortgage and the Note arc declared to be severable. L If. _Igonewer's Co*y. Borrower shall b~ furnished a conformed copy of the Nde and of this Mortgage at the tiare of execution or after recordation hereof. 17..Trawder of tee h+o'erty; Assowptioe. if all or any part of the Property or an interest therein is add or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or erreumbrarrce subordinate to this Mortgage. (b) the creation of a purchase .money security interest for household applisnoa, (c) 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 purchase, Lender may, at Lender's option. declare alt the sums secured by this -Mortgage to be immediately due and payable. Lender shall have waived arch option to aooekrate if. prior to the sale or transfer. Lender and the person to whom the Property is to be cold or transferr±d reach agreement in writing that the credit of such person is utisfactory to Lender and that the inten~st payable on the sums secured by this Mortgage shall be at such rate as Leader shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's wccessor in interest has executed a written assumption agreement accepted in writing by Lender. Lrnder shall release Borrower from all d~iijations under this Mortgage and the Note. If Lender exercises wch option to accelerate, Lender shall mail Borrower notice of aocekntion in accordance 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 wms declared due. if Borrower fails to pay such arms prior to the aspiration of wch period. Lender may. without further ootioe or demand on Borrower, invoke any remedies permitted by paragraph 1618 hereof. Norv-Urnt~ota,t CoveNetrrs. Borrower and Leader further covenant and agree ss folbws: ifi. Acc~deratieeg Raecifee. 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Leveler ad I.ewiePs optNw wry letlare aN at Ire arms secwssi rp Ala Martpl0e tore imwreliskhr lee awl pwyaMe witroet tertrer dearand sad wray toreeiosa tli Mes~e y jlwlkW /hesali¦R• -Lender daN in ewti0ei a erieet fw ewer prwa+te~liaL ai espewses of forecloswr~t, iwelwiiq, ever wet rsrrltol Io. reassnlir stloraKr's fees. sad state d leeuse¦fary eriiewce. abetrwets awl Mtle re/erb. i!. 1Mrswwes's Rfslrt a Raiestate. Notwithstanding Lender's aooekration of the sums seturod by this Mortpge, Barrowrer shalt Gave the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time ~°~3~.7 ~~~422