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HomeMy WebLinkAbout2729 t ' Lender's written agreement or applicable law. Burrower shall pay tht amount at all mortgage insurance premiuttu in the manner provided under paragraph 2 herw(. Any amounts disbursed by Lcnder pursuant to this paragraph 7, with interest thereon, shall become additional indcMedness of Burrower secured by this Mortgage. Unless Borrower and 1-ender agree to other terms of payment. such amounts shall be payable upon notice fmm Lender to &,rruwrr requesting payment thereof, and shall bear interest from the date of clisbttrsement at the rate payable from time to time on outstanding principal under the Note unless pajrmatt of interest at 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 Lcnder to incur any expense or late any action hereunder. 8. laspectioa. Lender may make or raise to tx made reasonable entries upon and inspections of the Property, provided that Lender shall give &xrower notice prier to any such inspection specifying reasonable cause therefor related to Lptder's interest in the Property. 9. Condemnation. The prcxceds 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 fur conveyance in lieu of condemnation, are hereby assigned and shall be paid to [.ender. 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 to the sums secured h}• 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 tzars to the fair market valor of the Property immediately poor to the date of faking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Bor.owcr. or if. ahcr notice by Lender to Burrower that the condemnor offers to mate an award er settle a claim for damages, Bormwer fail. to respc?nd to Lender 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 restoration or repair of the Property or to the •:ums secured M• this Mortgage. Unless Under and Borrower otherwise agree in wriune, any such application of proceeds to principal shall not extend or postpone tree due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sutras 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 c successors in interest. Lender shall not be required to commence proceedings against such successor or refute 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 Borrowers successor in interctt. ll. Forbearance by Lender Not a Waiver. Any forbearance by tender 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 tares or ether 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. 1Z. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded h}• law or equity, and may be exercised concurrently, independently or successively. ' 13. Successors and AssiRss Bound: ,3oint and Severest i.iabiiity; Captions. The covenants and agrtttntnts herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the. provisions of paragraph 17 hereof. Ali covenants and agreements of Borrower shall be joiry and several. Thc captions and headings of the paragraphs of this Mortgage are for convenience only and ate reel to fir used to interpret or define the provisions hereof. ld. Notke. Except for any notice rcyuired under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as &•rr.~w•cr may designate by notice to Tender as provided herein, and (b) any notice to Lender shall t+e given by certified ma!1. return receipt rcquestea. to [.enders addrsss stales[ ircr~~n such other address as Lender may designate. by notice a• Borrower as provided herein. Any notice provided for in this ~ Mortgage shall be deemed ro have peen given to Borrower or tender when given in the manner designated herein. ~ 1S. Uniform Mortgage; Governing [.aw; Se.erobility. This Corm of mortgage combines tatiform covenants for national use and non-uniform rnvenants 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 shat any provision or clause of this I?lortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of This htortgage or the Note which can tx given eQect witht?ut the conflicting provision, and to this ' end the provisions of the Mortgage and the 'dote are declared to tx severable. - lei. tbrrower's Copy. Borrower shall he furnished a conformed cop} of the Nute and of this Mortgage at the time of execution or after recordation hereof. 17. ,Trraader of the Property: Assumption. If all nr any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior wntrrn r.~nsem. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creatron of a purchase m~•nec security tntcrest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (di the grant of any leasehold interest of three years or less not containing an option to purchase, [.ender may. at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have a~:rived such option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is t~. M~ .oIJ or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the in?crest payable on the stems secured by this Mortgage shall tx at such rate as Lender shall request. if lender has waived the option to accelerate provided in this paragraph i7, and if Borrower's successor in interest has exceuted a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obliSations 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 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 IR hereof. Nort-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Accekratbs; Remedies. E:ceps as provided is psrsgrspb 17 hereof, t,poe )<Orr~Owa!~a tltceacla off say cprepat K agrecmeat of lbrrower is thh Mortgage, iwcluding the covtrunts to pay wbea dae aep rtaras secarea try tMfa MortgKe• li.ewder priotr to accderstbs sbaB snail sotke to Qorrower as prorldcd in paragrspb td hereof specKyisg: (1) the bsescb: (2) tree setbw required to dare sect brescb; (3) • dde, sot less than 30 days tros the date the wotke b srar&i to Borrower. b wbkb suet[ iticeac6 ssst be cured: and that failure to care such breach ow or before the date a~tci6ed i• hate aotke say r+essk b accderatba of rite taasss ttccured by this Mortgage. toreclosaare by judkW proceedMtg saes[ bale of the h~crty. The wotke shall further infers )sorrower of the right to rcitr<statc after sccekratba asd the right b asseA h the toreciossre poeee~trg tltie son-a:idtence of a de[aolt or say other defcsse of Borrower to xcekr~ioa sod torecloatre. it the breach M trot screed ou or before the date specilkd is the aWke, Lender a1 Lender's optbw ssy declare V of the wss sterner ~ ebb Mortgage Is Yee issaedistely dse stall psyabk witlaost toriher demand and may foreclose ebb Mortgage ~ jadkW poetedlaR. Lcnder sbaM be eatltled to aoUed lest such Ptroctediag all espetues rat foreclosure. iachading. bst toot ttWter ts. rtasewsble stturrter's fees, stall cos4 of doea:'tttet,tary evidesce. abstracts sod title report. 19. )Borrower's Right to Rclastate. Notwithstanding Lender's acceleration of the sums secured by the Mortgage, Borrower shall have the right to have any proceedings begun by (.ender to enforce this Mortgage discontinued at any time ~~~K319 P~~E2716 ( •