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HomeMy WebLinkAbout1443 Lender's written agteen?cr?t or applicabb law. Borrower shall pay the amount of ap mortgage iawraace ptemiuna is the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this pangnp~t qq~_~,~111 rest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrowet~and~ Lendetagree to other tents of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest frotu the date of disbursetttent. at the~rate payable Fran time to time on outstanding principal under the Note tmkss pa}meat of interest st such rate would be contrary to applicable law, in which event such amounts shall beat interest at the highG+t trots permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur say expetaa a tttie any sction hereunder, _ >I. inspecAon. Lender may make or cause to be made reasonable entries upon and inspa;tiorts of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Leader's interest in the Property. - - 9= CostdewtatAoa, The proceeds of any award or claim for damages, direct or consequential, in oonrtedioa with say condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. are hatreby atsigtted and shall be paid to Lender. Tn tht: event of a total t:king of the Property, the proceeds shall be applied to the sums secured by this Mottgaga.. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Bott+ower and I.eoder otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is egwl to that proportion which the amount of the sums secured by this Mortgage immediatdy prior to the date o[ 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 le abandoned by Borrower, or if. after notice by Lender to Borrower that the vondannor offers bo rostra - an award or settle a claim for damages, Borrower fails to rapond to Lender within 30 days after the date such notice is mailed, Lender n authorized to collect and apply the proceeds, at Lender's optan, either to restoration or tn;pair of the Property or to the sums secured by this.Mortgage. f !nkss Lender and Borrower otherwise ague in writing, any such application of proceeds to principal shag tat extend or poatportF the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. - tA. Eorrower Not Rekarei. Extension of the time for payment or modilkation of amortiution of the,sutns secured by this Mortgage granted by Lender to any successor in interest of Borrower shall na operate to release, in any manner, the liability of the original Borrower and Borrowers successors in interat. Lender shall not be required to cotnrrtentx proceedings against such successor or refuse to extrnd time for payment or otherwise modify amortintion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. ll. ~Fotrearanee i7' iewdlr Not a Wainer. Any forbearance by Lender in exercising any right or remedy hetetmdet, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or terrtedy: The procurement of insurancx or the payment of taxes or other liens or charges by Lender shall tat be a waiver of l.~ettder's right to accelerate the maturity of the indebtedness secured 6y this Mortgage. , f2. Retgedks~Ctiwttbttt~. All remedies provided in this Mortgage an distinct and cumulative to any other right or remedy under this Mortgage or afforded by-law or equity, and may be exercised concurrently, indept:ndently or suooessively. 13. 3aeeesaors solo AssiRsts tortta~_,Iohtt anti Ssveral 1.irt6iYfir; Capdr~. The vov~enants and agreematts herein contained shall bind, and the rights hereunder shall inure to. the.rapective successors and assigns of Lender attd Bornawer. subject to the provisions of paragraph 17 hereof. All covenants and agrcemeats of Borrower :hall be join( and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to Ile used to interpret or define the provisans hermf. t4. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice b Borrower provided for in this Mortgage shall be given by mailing such notice by certi&d mal addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Tender as provided herein. and ~ (b) any notice to Lrnder shall be given b certified mail, rctum revel t y p requested. to Lrnder's addrew stated herein or to such other address as Lender may designate by Waite to Borrower ss provided herein. Any notice provided for in tins Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hereto. IS. Usiforw Mort~e; Govenieg i.aw; SeverabiWy. This form of mortgage combines uniform oovenan[s for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting real property. This Mortgage shall be governed by the law of tlx jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note rnnflicts with :pplicabk law. such conflict shall not affect other provisions of this Mortgage or the Note which can be given e6ect without the oonAicting provision. and to this rnd the provisions of the Mortgage and the Note arc declared to be severable. lf. •otrower's Co'y. Borrower shall be furnished a conformed copy of the Note sad of this Mortgage at the tithe of execution or after recordation hereof. 17..Transfer of tie hoperty; Assatwptiow. 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 encumbranve wbordinate to this Mortgage, (b) the creation of a purchase: 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 gent of any leasehold interest of three years or less not containing an option to purchase, Lender may, at LendePs option. declare all the sums soctrred by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is to be cold or transferred tzach agretrrttent in writing that-the credit of such person is satisfactory to Lender and that the inten~ct payable on the sums t~ecured by this Mortgage shall be at such rate as Lender shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers sttceessor in interest-has executed a written assumption agreement accepted in writing by Lender. Lrnder shalt release Borrower from all obliptions under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower votive of accekntion in accordance v?•ith paragraph 14 hereof. S~rch votive shall provide a period of cwt less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. Tf Borrower fails to pay such suns prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph lg hereof. NotwUt+trottut CovetvarrTS. Borrower and Lender further rnvenant and agrtx as follows: ' ll). Aeeeksadont Raneiks. Igtrcept r pravYed iw pasapapi 17 Iteseof. ~N lessr+ves's rseaer eft ttttq co~enewt ar meat oft >Mrrowetr ii tits Mortgage. iaelaifag tie covensats to what tae ary saws seetoei kyr tYs Maigage. II.wier prier b scceksatlen slat wall aotke b Dosvo+vtr as pvoNiN Mt puagsa'i /1 terra[ speetfjlrtgs (1) Ire rataeii t2) tie axtian sefltirDi b ctts+e seer iseatM (3) a ia~R not less Batt 30 says ftrow the foals tie stories r tttoatetl b ~essewer. b wikr tsrdt isteser wrest k ettrrt:~ awtl (n fiat tailtrre b ttts+e wcr iteaei ow or islets tic Gate sreelrei V tie tsotke way sesalt r aeeeksMton of tre.steters atxassd by Ads Mot~tgage. bseeloease b !fit ant orals at tie Pr~erty. 71te natire slat fitfier hlorw liosrm+et et tre rfiRM b sdttdale sjftu acederaAott asttl tTte right b swat i Ate taaelaaWe psrec~ei¦g Ate non~e>astasee eft a idasit or a¦7 crier iefetsse of >farowetr b axeskrndfon asti totalowa. K Ate re+eaer is net carrel N ar lretese tie date steetietl V tre tttelkt, I.ewler nt ie>,let's onion s!tsty dtelase r st Ate snots seews! r7' Atis MaelgaRe b k isswtdialeljr dtse ant MyaMe wifrottt ttwtier aewand scat ttasy fisseleae Atls M«t;ap ly jtstlieW pneaa~. Lender siaN be entlAei b tatett r sner psoeeeli¦! ar ettpsytsa of forectosttse. i•elriiag. rtrt tttN ir¦Metl M tneaserrle sttureey's Eea. ant seals ai itrettwetrtaq eviit:oea. a>lettaets a¦ti NAe re'erts. 1!. >iessoctei,'s RISM M Reitrshta Notwithstanding Lender's aceekration of the towns secured by thtt Mortgage. Borrower shall have the right to have any proceedings begun by Lender to enforce iha Monpge discontinued at any time B~x~17 P~E144i