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HomeMy WebLinkAbout0400 .rr s t • . . Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insuratroe premiums in the manner provided under paragraph 2 hereof. Any amarnts disbursed by !.ender pursuant to this paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and l_rnder agree to other terms of payment such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest tram the date of disbursement at the rate payable from time to time on otttatandmg principal under the Note unless patymart 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 Lender to incur any expense a take any action hereunder. fl. Iwsrecflow. i.ender may make or caux 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 caux therefor related to Larder's interest in the Property. 9. Cotsdewrwwtbw. 'The proceeds 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 for conveyance in lieu of condemnation, are hereby astigtred and shall be paid to Lender. In the event of a to1a1 taking of the Property. the proceeds shall be. applied. to the sums soured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Letrder otherwix agree in writing. Iherc shall be applied to the sums secured by 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 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. 1f the Property is ahandoneD by Borrower. or it. after notice by lender to Borrower that the tAndemtror ogees to make an award or settle a claim for damages, Borrower fails to respond 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 Properly or 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 tfre dtx date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. 10. Eorrower Not Rektrsed. Extension of the time for payment or modification of amortization of the wms secured by this Mortgage granted by [_ender to any successor in interest of Borrower shall not operate to rckate, in any manner, the liability of the original Borrower and Borrower's successcxs in interest. Lender shall not be required to commence proceedings against such successor or reface to extend time for payment or otherwise modify amortization of the sutras secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's wecessors in interest. 11. Rorrearawce rl' Lewder NM a Waiver. Any fortxarance by lender in exercising any right or remedy heretmder, or otherwix afforded by applicable law. shall not be a waiver of or preclude the exercix of any such right or remedy. The procurement of insurance or the payment of razes or other liens or charges by Lender shall not be a waiver of Lenders right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewredies Cwwrwlattie. All remedies provided in this Mortgage are 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. Swccessors awd AssiRws Bourrd:.Joiwt awd Several I.iabiBly; Captbws. The covenants and agreements herein contained shall bind, and the rights hereunder shall inert tn. 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 are for convenience only and art not to be used to interpret or define the provisions hermf. 14. Notke. Except for any mice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage 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 i.ender as provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to tenders addrar stated htrein or to such other address as Lender may designate by notice to Borrower as provided heron. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 1S. Uwitorrw Mortgsge.tGoverwisg Law: Severabilky. 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 affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note arc Declared to be severable. lf. lon~owa's Cory. Borrower shall be furnished a conformed cop~• of the Note and of this Mortgage at the; time of execution or after recordation hereof. 17..'Frawsfer of ere Property: Aswrwpliow. If all or any part of the Property or an inter+at therein is sold or transferred by Borrower without Lender's prior written consent. excluding (al the creatan of a lien or encumbrance 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 tfie death of a joint tenant or (dl the grant of any leasehold interest of three years or less not rnntaining 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 accelerate if, prior to the sale or transfer. Lender and the person to when the Property is a. be cc•ID or transferred reach agreement in writing that the credit of such person is utisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at :tech rate ac Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower i successor in interest has extxuted a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all oblisations under this Mortgage and the Nae. If Lender exercixs such option to accelerate, Lender shall mail Borrower notice of aecekration in aceordanc~ with paragraph 14 hereof. Such notice shall provide a period of not Tess 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, Lender may, without further reprice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON-l1NtFORIM COVENANTS. Borrower and Linder further COVtnant and agree as follo+rs: li. Acceleratlo~ Rewseaia. IBxcert as provided iw pragrarr 17 rertof, trpw iornwtn's Mr<aci of trwy coewarrl er agreemeat of ierrower d rib Mai=age. fwcbdiwg ere co•ewawts to pt' wrcw dwe awy tmrws seewsei ry trb Mortgage. I.ewaer rtriotr b wccderatbw sia/ wrwY wotke to Borrower as rro~fded fw pngrarlr 14 rertoQ srccKybtg: (1) Ire btnacr; (2) ere trettow rep3red b cart tiwci rtresci; (3) a Gate, wet less traw 30 days traw ere date tic wotice b naBed b iKrower. ry wiicir saver 6r+eacr mwM k etntsd; trwd (4) teat ffailwre b cwre twtcr rrYaer ow or refore tie date srteYtd V ere wotke twat' rssidt iw aeceleratiorr of lie nos secacer by rib Mortgage. foeeeioswre i7' jrrdkW rrocsealwg ttnttl halt of ere Prorerfy. 7Ue wotiet , trial! brfier bt<onw ibrrower of dre rigN to rriwstatt after sccekratlow seed tie right b ttrett b tee tortcloawre rroeeet~ fire wow-a:btswee of a detadt or awy otter defewse of Borrower to accekratfow awtl toreclotwrt. N tie brewer b wet ewtrred aw or before Ire dde a*ecYtd bt tie wotice. Lewder at l.ewders ortiow twat' declare try of tie stnwts stcwrtti r'!' Irb MortpRt b be iwrwtdiatelp awe awta pyarie wltbwt fwrtrer demand saved Wray foreclose trls Moriga~e il' jwikW rrroetedb~. Lender draN W eatltlcti to co0tet r :veal rroetediwg aB expewses cif toreclostrre, Iwclwdiag, bw1 wof fhdted to, reasowabk stlareetr's fees. revert colas of docr:.~y eridewee, abstrscb rwd tkk rtprls. 10. )jor*owa's R1git to Rebstate. Notwithstanding Lenders st:cekration of the sums secured by thre Mortgage, Borrower shall have the right to love any proceedings begun by Lender to enforce this Mortgage discontinued at any time a-,~'r`~?1 nrr•c dm