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HomeMy WebLinkAbout0206 _ F 1 Lender's written agreement or •applicable Lcw. t3orroNCr shall pa)' the amount of all mortgage insur-.?nce premiums in the manner provide+l under paragraph 2 hcreaf. Am' amounts di+hurscd M• Lender pur+uant to this paragraph 7. ++•ith intercct thereon. shall hrcomc additional indehtedne++ of Borrower secured M• this \tortcage. l.'nlc+. Borrower :ui.l 1 rndrr acrce to other terms of pa)•mcnt. u?ch amounts .hall t+c pa)•ahlr up~rn notice fmm Linder to Burru++er revue.ling pa)'ment thereof. and shall hear intcrcst fmm the date of dishnrsement at the rate payahle fmm time to time on outstanding principal under the Note unless payment of intercct at such rate wauld he cantrar)• to applicable la++•. in ++hich e+•ent such amounts shall hear interest at the highest rate pcrmissihle under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur am• expence or take an)• action hereunder. 8. Inspection. Lcndcr ma+• make or cause to he made reasonable entries upon and inspections of the Pmpert}•. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to lender's interest in the Pmpcrq•. 9. Condemnation. The proceeds of any award ar claim for damaces, direct or comequential, in connection with any condemnation or other taking of the Property. ar part thereof, or for conveyance in lieu of condemnation. arc hereby assigned s and ,hall 1?r paid to Lcndcr. In the cvc;nt of a total taking of the Property. the proceeds shall he applied tc• the sums secured M• this ;Mortgage. ~ with the cxcecs• if any, paid to Barrrwrr. 1n the event of a partial taking of the Property. unless Borrower and Tender uthenyise agree in writing. there shall he applied to the some ucurcd M• this 111artcage wch proportion +?f the proceeds ac is equal to that proportion which the amount of the sums secured h)' this \tartgage immediately prior n~ the date of taking hears to the fair market value of the Property immediately prior to the date of taking. ++ith the haL•?nce of the proceeds i paid to Bo~mwcr. if the Property is ahandaned M• Borro+er, or if. after notice h)• I ender to Horn.w•er that the condemnor offers to make an :ward ar settle a claim far damage.. Harrower fail. to re+pcmd to Lender within 2A days after the date wch notice is } mailed. I ender is authorized to collect and apply the pracceds. at I_endcr'c option. either to restoration ar repair of the ~ Propert)• ar to the sum. secured h)• this \iartgage. Unless Lender and Harrower Mherw•isc agree in +vriting. am• such application of pre•cceds to principal .hall nat extend ' or postpone the due d:ac of the manthly installments referred to in paragraphs 1 and 2 hercoi or change the amount of +uch inctalfiiencc. 10. Borrower Not Released. Extension of the time for pa)•ment or modification of amartization of the sums secured M• this ;1iar±cage grnnted by lender-ta am_• successor in intercct of Harrower shall not aperate to mlease. in any manner. the liahilit)• of the anginal Borrower and Harmwer's successors in intercct. Lender shall not he rcyuired to commence i proceedings againd such successor or refuse to extend time far payment or othen+•icc mcxlify amortization of the sums secured h}• this Martgagc h)• mason of an}• demand made by the orieinal Borrower and Burmw•er s u?ccesa.rc in intcrest. ? 11. Forbearance by Lender \ot a Waiver. An+• farlx:arancc he l ender in cxercicins am• right'ur remed)• hcrcundcr. or uthenvise atTorded by applicable law. shall not he a waiver of or preclude the exercise of am• wch riche ar remedy'. { "The pnx:urcment of insurance ar the payment of talcs ar other liern or charges h)• Lcndcr shall not he a ..:river of Lender's ; t right to accelerate the mahtrih• of the indebtedness secured M• this '\iortgacc. e 12. Remedies Cumulative. .411 remedies pm+ided in thi+'~lartgage are distinct and cumulative M :u?c other riche ar remed)• under this Mortgage or afforded by law or equit)•. and may Ix: exerciud cancurrcnth•, independervlc ..r snrce+si+•eh•. d 13. Successors and Assigns Bound: Joint and Se.eral Liabilih•; ('options. The cm•enants and agreement. herein 1 contained shall hind. and the riches hcrcundcr shall inure to, the respective successors and assigns of I.endw and Borrower. xrhject to the prcw•isians of paragraph 17 hcrcof. All royenants and agrccments of Borrower shall be joint and several. # The caption. and heading. of the paragraphs of this Mortgage arc far rnnvcnience onh• :rod arc not to t?e used to l interpret e.r define the provisions hereaf. ls. Nnlice. Except fur am• notice required under applicable law to ho given in another manner. fal any notice to Borrower provided far in this 1lartgage shall be given by mailing wch Holier M• certified m:+il addressed to Borrower- at the Propem• Addrc++ or at wch other address as Burrower mav_ de+icn:ue he notice to Lcndcr as provided herein. and Ih) am nutico ro Lcndcr .hall he given he certified mail. return rcceil•t rcyuestrd. to I enders address slated herein ar to i wch other address a+ Lender ma)' desienate M~ notice to Burrower ac- provided herein. :~n)• notice provided for in this ~turtgage shall he dccmrd to have tx:cn gi+•en to Borrower c.r Lcndcr when given in the manner desienatal herein. I5. t'niform ~tartgate: Governing Law: Severabililc. Thi+ firm of martgagr combines uniform rn+•cnants far natianal u+e and non-uniform cu+en:rnts +cith limite+l variations M- juri+drrtiun to constitute a unifam? security instnmmnt rnvering roil pmpert)•. This ~luncage shall tx gacerned by the la++ of the iuri+.lictiun in ++hi:h the Pmpert)' i+ lo.:ated. In the went that anv provision ur clause of this Mortgage ur the \otr aa?ilicts ++ith apptirrhle law. such rnnflict .hall Hat affect i ~~thrr prrr+isiun+ of this ~furtgagr ur the \ate which ran h~ !_ivrn rlFc~t +:i!hout the canllicting prm•isian. and la this ; I end the provisions of the \lorteage and the \utr are ~irclared to he +rverahlr. 16. Borrowers Copy. Borrower .hall he fitrnished a canfrrmed cope of the tittle anJ of this Mortgage at the time ` of execution ar after recordation hcrcof. 17. Transfer of the Property. Assumption. If all ur anv part of the Prupert)' ur an intcrest therein is sold or tranderrcd h+' Harrower without Lender's prior ++riurn run+rnt. ov_luding sal the creation of a lien ar encumhranre sutx~r.linatc to ~ thi+ Mortgage. (h? the creation of a purrhasr nu+ney +erurit+ intcrest f:+r household appliances, fcl a transfer M• devise. descent ur he uprration of Lr++ up.+n the death ..f :r iuint tenant or tdr the Grant ui am leasehold interest of three years or less _ not containing an c.ptiun to purchase. 1 ender may. at I.endrr'~ option, derl:rre all the sums secured by this \lortgage to be immedi:rteh• dux and payable. 1 rndrr +h:dl have ++:u+ed wch option to accelerate if. prior to the sale ar transfer. Lender j an.l ihr Iknon k? wfium the Prupwty is to he .old ur Iramferrcd reach agrcrment in writing that the crc.lit of such persan is saticfactun to Lender and that the intcrcst pacahle un the +um+ secured h}~ this Mortgage shall he at such rate as Lender shall rcyurst. If I ender has wai+'cJ the option a+ arceler~.rte pm+•ided in this paragraph 17. and if Borrower's successor in intcrc+t has executed a written assumption agrcemrnt accepted in writing h)• lender. Lcndcr shall rele:ue Barmwrr fram all ~~hlicationc under this Mortgage and the Note. If 1 ender cxrrci+e+ such option to accelerate. I rndrr .hall mail Burro+er notice of acceleration in accardancr with paragraph 13 hereof. Such notice .hall pruvidr :r period of nut less than 3Q da)s from the daft the notice is mailed within which Born.+ycr may pa+ the sums declarc.l dux. If t3orru++er fails to pa}• wch sr:m+ prior tc• the expiration of such period. Lender mac. +cithuut fnrthrr notice ur demand on liurnn+er. myukc anv remedies permitted h+• paragraph 1R hcrcof. \nti-L'~tt crtcst t;'c?vt ~s~7s. Barmw•er and Lender further crn•enant and agree as follows: 18. :lcceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or 's akreement of Borrower in this ~tortRage, including the cosenants to pay when due any sums secured by this Mortgage, Lender g prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower. by which such breach must be cured: and (4) that failure to cure such breach on or before the date specified in the notice may result in ! acceleration of the sums secured b}• this 1lortgage. foreclosure by judicial proceeding and sale of the Property. 'Ilse notice r shall further inform Borrower of the right to reinstate after acceleration and the right !o assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender at [.ender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this :Mortgage by judicial proceeding. Lender shall ? be entitled to co11eM in such proceeding all expenses of foreclosure, including, but not limited to. reasonable attorney's fees. and costs of documentary evidence. abstracts and title reports. f 19. Borrower's Right to Reinstate. Natwithctanding Lender's acceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proceedings Fxgun h)• Linder to enforce this R1artgage discontinued at any time ; ~~~K 32i P~~E 2~