Loading...
HomeMy WebLinkAbout1216 . .t. r , . ..'ti ' Lender's written agreement or applicabb law. Borrower shall pay the amount of all mortgage insurance premium: in the manner provided under paragraph 2 hereof. Any amounts disbursed by lender pursuant to tha paragraph 7, with interest thereon, shall become additional indrbtedness of Borrower secured by this Mortgage. Unless and Lender agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower~tegt~iesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on attstanding principal under the Note unless pa}rmatt of interest at such rate would be contrary to applicable law, in which event such amounts shall hear interest at the highest rate permissible under applicable law. Nothing contained in This paragraph 7 shall require Lender to incur any expense M take any action hereunder. ft. Iwttpectiow. 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 specifying reasonable cause therefor related to I.cnder's interest in the Property. 9. Cowdearwatbw. The proceeds of any award or claim for damages. direct or consequential, in rnnnection with any condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation. are hereby assigned 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, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Leader otherwise agrce in writing. there shall be applied io the sums secured uy ri.is iriungage su~:n prupo~ina. vi ii.c tnu~.ewis as is equal to that proportion which the amount of the sums secured by this Mortgage immediately 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 is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor otters to mate an award or settle a claim for damages, Borrower fails to respond to lender within 30 days after the daft such notice q mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property of to the sums secured by this Mortgage. 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 1 and 2 hereof or change the amount of such installments. 10. Eorrower Not Released. 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 operate to release, in any manner, the liability of the original Borrower and Borrower ~ successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortiution of the sums secured by this Mortgage by reason of -ray demand made by the original Borrower and Borrower's successors in interest. 11. Rorbearawce 6y Lewder Not a Wdvcr. 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 chargts by Lender shall not be a waiver of Lender': right to accelerate the maturity of the indehtedness secured by this Mortgage. 12. Rewrcdtes Ctrwalatl~e. All remedies provided in this Mortgage arc 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 successively. ' 13. Swecessors awd Astti~ liouwd:.,IoMI awd Sexed i.iability; Captiows. The covenants and agreements herein contained shall bind, and the rights hereunder shall incut to. the.respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and arc not to Ile used to interpret or define the provisions hereof. fI. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower priovided for in this Mortga¢e shall be given by mailing such notice by certifkd mail 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 Lender shall he given by certified mail. velum receipt requested. to Lender's 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 whin given in the manner designated herein. 1S. Uwiforwr Mode: Goverwiag Law: Severa68ity. 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 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 ar the Note conflicts with applicable law, such conflict shall not aBeoX other provisions of this Mortgage or the Note which can be given eBect without the conflicting provision, and to tha end the provisions of the Mortgage and the Note arc declared to be severable. ' E 16. Borrowers Copy. Borrower shall be furnished a conformed cop~• of the Note and of this Mortgage at the time of execution or after recordation hereof. l?..Trawster of tre Troperty: Asswrwptiow. 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 (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the crcatiort 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 grant of any leasehold interest of three years or less s not containing an option to purchase, 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 acxelerate if, prior to the sale or transfer, Lender i and the person to whom the Property is to be colt or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interc~t payable on the sums secured by this Mortgage shall be it such rate as Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all f obligations under this Mortgage and the Note. t If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with 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 expiation of such period, Lander may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph Ig hereof. NoN-Urtrcoanr Covt:Net+TS. Borrower and Lender further covenant and agree as follows: ~ 1f1. Accdcratlaw; Rewedks. Etreept as provided i• pragrarM 17 faereot, upow iorrowera rreaeb of a.y coewawt or ? agreewsewt of Borrower d ttis Mortgage, iwdw~wg 1Me eorewaab to Pal whew dwe atq swras st:eued b tYs Mortgage. Lewder prbr to accekrwtbw drat wrais wotice to iorrewtr as prorfded Iw parrtgrarA 14 [itereot speelylwg: (1) the breweM: (2) the sctisw r'W~ b core wet brpcU; (3) s dale, wet las thaw 30 days Craw fate date the wotke is wtaYed to lorrower. ~ wloklt sweY z ttreae~ .wt k awd (n that tafttrre to etrre went Mewc~ ow w before the sate geelAad r the .otiee wtay reswlt iw aecekrstloi of 111e wtws sccwtd 1?y tits Mortpge. to~eciowse r7' jwdkial proceei~ awl stale of tte Troperty- 71e wotiet x sbsr twrther iwtors ,orrower off tre riRM to reiastMe after aeederatbw and tte right b artscrf M the toestlowre ptoeeedia~ ~ t`e wow-exLtewce of w detawk or aq otter ietewse o/ iorrnwer to accekrwtbw awd toreebawre. H the 6rcacb is wet ewred ow or 6etorc the dale speeilied i• tre wotlce. Lewder at [.esrder's optbw wray dechre V oft the was seetrd ~ tlds Mortgage It? k irwatediately rive awls pyaNe witlawt inrtber dearand aar rwwy toreeioat tWs Mortgagt h judicW proteediwR. Lender tlraN r: be ewtitled to eoafeet r swcr proeee~ag aw expewsts of forcclosrtre. ~cbditrg. cwt wet Bwritei M. reawwaMe stt.xseYs ets. sad casts of dwa.-7ewtarr eridewee, aistrwcls awd title repass. 1!. lsorsowa's R4it b Reiwstate. Notwithstanding Lender's acceleration of the sums secured by thr~ Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any tune QflllK. l~ ~ L~f~t~