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HomeMy WebLinkAbout1222 a Lender's written agreement or applicable law. Borrower shall pay the amount o[ all mortgage insurance ptemitura in the manner provided under paragraph 2 hereof. Any amounts disbursed by I.cnder pursuant to this paragraph 7, with intcr+cst thereon, shallbecome additional indebtedness of Borrower secured by this Mortgage. Unless Borrower ~ Lender agree to other terms of payment. such amounts shall be payable upon notice tram Lender to Barn~wer requesting payment thereof, and shall boar interest from the date of disbursetttent at the rate payable tram tithe for time on otetstanding principa) under the Note unless pa}~Irrent at interest at such rate would be contrary to applicable taw, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Northing contained in this paragraph 7 shall require: Lender to incur any experae or take any action hereunder. fl, Ittspectiow, lender may make orr cause to be mask reasonable entries apart and inspections of the Property. provided that lender shall give Borrower nMice pricer to any such inspection specifying reasonable cause therefor related to L~endePs interest in the Property. 9. Cowdemwatiow. The proceeds at any award orr claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, orr tar cornveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender. 1n the event of a tortal taking of the Prorperty. the proeeds chall tx applied to the sums secured by this Mortgage, with the excess. if any. paid fa Rarrawer. In the event n! 3 l+,rtial :akittg of :lam p'ro~~y. ur;l~ ~~gy~r and j,~~ otherwise agree in writing. there shall be applied to the cams securrd by this Mortgage such proportion of the proceeds as is equal to that proporiiorn which the amatnt orf the sums secured by this MorlgaEe immediately prior to the date o[ taking bears to the fair market value of the Prorpcrty immediately priory for the date of taking, with the balance of the proceeds paid to Borrower. If the Property is ahandared by Bartower. orr if. after norticc by lender to Borrower that the cottdemttor offers to mate an award orr settle a claim fort damages. Borr.wer fail. to respond to Leah;:: within 30 days after the date such notice is mailed, [.ender is authorized for called and at-ply the proceeds. at Lender's orptian, either to restoration or repair of the Property or for the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing. any such applicatiorn of proceeds to principal shall trot extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of sue.'! installments. 10. Eorrower Not Rekssed, Extension orf the time for payment or modification of amortization of the wms seeur+ed by this Mortgage granted by Lender to any cttccecxar in interest of Borrower shall not operator to release, in any manner. the liability of the original Borrower and Borrower's sttccessars in interest. Lender shall not be required to commence proceedings against such succesor or refuse to emend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the ari¢inal Borrower and Borrower's wtcessors in interest. 11. Forbearance by [.ender Not s Waiver. Any fnrhearance by f ender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall hat be a waiver of orr preclude the exercise of any such right or remedy. The procurement of insurance or the payment orf taxes orr 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. Remedies Cwmulati~e. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law orr equity, and may he exercised concurrently, independently or successively. ' 13. Ssceessors awd Assigws Bound: Joint aad Several I.iaM'tlty; Capfiows. T7x covenants and agrextnertts herein contained shall bind, and the rights hereunder shall inure 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 joiry and several. The captions and headmgs of the paragraphs of this Mortgage are far convenience only and are not to lie used to interpret or define the provisions hereof. 14. Notke. Except for any notice required under applicable law to tx given in another manner, (a) any twtice to Borrower provided for in this Martgaee shall he given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Barr~wer mav_ designate by notice to Lender 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 orbit address as Lender may designate by nc?tice to Barrorwer as provided herein. Any notice provided for in this Mortgage shall be deemed to have been gi~•en to Barrorwer orr Lender when given in the manner designated herein. lS. Uniform Mortgage; Governing Law; Severabiiitr. This form of mortgage combines uniform rnvenants for nations) 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 orr the Note rnnflicts with applicable law, such conflict shall not affect other provisions of This Mortgage or the Nnte which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to he severable. . 16. Eorr+uwer's Copy. Borrower Shall be furnished a conformed cop}• of the Note and of this Mortgage at the time _ of execution or after recordation hereof. 17. ,Trsnsfer of the Property: Assumption. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's pricer wrincn convent. c~cluding lal the creation of a lien or encumbrance subordinate to ibis Mortgage, (b) the creation of a purchase mone~• security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant orr (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 all the sums stxured 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 colt or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interc.t pa}able on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if BotTOwer's 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 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 tails to pay such sums prior to the expiation of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1R hereof. T1oN-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as f01{ows: lg. Aeeekntbw; Retwedia. Except m provided io paaragraph 17 hereof, trpoa lorrowetrs breach of •l' covewawt orr aBrecmewt of Ilsorrower h ebb Mortgage. lwcltrdiag the corewawts to pay whew ace awy saaao oeewted by this Morttate. lewder prior to acceleratiow shill mail wotlce to flbrrowtr as provided iw psrsBrapr 14 hereof speeltybttr (1) tot breach; (2) the sftiow required to ewre stseh btreach; (3) a date. ~wot lee than 30 days tram the date the tsotice 4 trailed N IMrrower. by whkh such breach wrest be cured; awd (4) that fiiiure to cure such breach ow or before the date geeYed b the wotke ttsay testae ~ accderatiow o[ the snto aeetred by fhb Mortgage. 1'orecloswre by judkial proceednat ttwd saN of the hoperty. The wotiee shat ewrtber [dorm lorrower of the rigor to reftrstate after sccekratiow and the ritN to aooert [w the fortieiewre proeeetfirg the sow-exWewce of a dds~olt or awy other detewse of Eorrower to accclerMbw swd torsclowre. K Ae breach b ¦et cooed aw i oe before the date steeiied r the sotice. Lender at Lenders optiow way declare r of ere aware atewred b7' This MoAgttgt !t? Ile immediately due cetera pyabk without further demand and may foreclose ebb Mortgage by jwdieW pnesedtwR. lender shay 6e eatitied to coYect V such proetediwt d expenses of foreclosure, lachrdirst, bat woe iwMted t!. reaoewable stt•xarYs fees, aced coots of doe.'!wewtary erideuee. abstract awd title repro. s 19. Sornowa'o Right to Rebatate. NMwithstandinE Lenders acctkntion of the sums sectrrod by thr• Montage, j Borrower shall have the right to have any procadings begun by Lender to enforce this Mongate discontinued at any time s ai~~318 F~~F1217