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HomeMy WebLinkAbout1250 . ,r Lender's written agreement or applicable law. Borrower shall pay the amount o[ all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terrors of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof._agd shall bear interest froea the date of disbursement at the rate payable from time to time on outstanding princcipal under the Note unless pa~rnaart of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rata permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense of rata any action hereunder. 8. Imapeetiow. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Tender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's interest in the Property. 9. Condemmatba. The proceeds of any award or claim for damages. direct or consequential, in conrrectiotr 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. Tn the event of a partial taking of the Property. unless Borrower and Larder otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the prooetds as is equal to that proportion v?•hich the amount of the sums secured by this Mortgage immediately prior to the data 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 offers to mute 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 of repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writinte. 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. Borrower Not Released. Extension of the time for payment or modification of amortization of the wms 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's successors in interest. Lender shall not be required to commentx proceedings against such successor or reface to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason ofrny demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance ry Leader Not a Rawer. Any (~.rhearance by Lender in ezerci3i::g any sight err remedy hertuctd'r, 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 charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness ucrired 6y this Mortgage. 12. Reraedks Caarulsti~e. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy undecthis Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. ' 13. Ssccesson amd AsaiRrrs Bound; .Joint sad Several I.iabiBly; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inrir~ to. the respective successors and assigns of Lender spd 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 are not to Ik used to interpret or define the provisans hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrowei provided for in this Mortgage shall be given by mailing such notice by certified 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 I (b) any notice to Lender shall he given by certified mail, return receipt requested. to Tenders 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 when given in the manner designated herein. IS. Uniform Mortgage: Governing Law: Sererability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to corstitute a uniform security instrument covering Heal 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 clarise of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect ~ .a._ v_ .-u _L t_ ~ir~..• .::i.w.,• Ira .-nwAiMine nmvicine rA ihl! oiirer pruv~swiii ui uus ~vii~agc vi sic ~:::ic ~o:: a::~:: z:::.~: __.,..._,..=o = - - ~ end the provisions of the Mortgage and the Note arc declared to be severable. 16. borrowers Cody. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Trsaafer of ere Property: Assnmptiow. Tf 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 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 the death of a joint tenant or (d) the grant of any leasehold interest of three yeah or less Trot containing an option to purchase, Lender may, at Lender c 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 whom the Property is to be cold or transferred reach agreement in writing that the credit of each person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate ac Lender shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in interest has executed a written auumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Mortgage and the Noce. 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 arch sums prior to the expiration of wch period, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. Norr-UNtt:otrt?r CovErtertTS. Borrower and Lender further covenant and agree as follo+rs: 18. Accekratbm; Remredlea. E:eept as'rovlded i• paragrapr 17 rereot. trpm borrower's breaA of arty covesaN err agreeseml of iorrower b drfs Maigagt. imelydimg the coreaawts to'ay wrem Berk a.y aws aee~red y trier Mortgage. iwmder priior b meceieratlom sra/ wuY wotlce to borrewer as provided im paragraph 14 rereot gecltyfa8: (1) ere bseacr: (21 ere aet{om rgaired to etua suer Merck (3) m 8a/e. wd rsa tram 3a days troy ere Gale ere motke r aaatied N borrower. b wrier stet a bread immat tsK emred: aa~i (4) trM /Mare to cure suer brewer a err retore ere date a'ecibed iw ere wotke may faait b secekrMioo of Ibe tttw atemred by tris Mortgage. toreelowre by jadkW proaedimg ami aerie of ere rroperty. 71re matiet r era/ fmrtlrer inforw borrower of ere right to reirrstMe after oceekratbm amd ere right to aaaert h ere toseclowne wveeaittg ere mow~ezMemce of s jelaatk or eery otter defense o/ borrower to mccekrMlom sari torecioonre. B ere breach r awe eawr[d os or blare the iak s~etiied V the awtiee. Lender a1 Leader's opiom may decdrt v of the w>,s steered 67' tris Mortgage 1o be dne tmri Nrabk witroN tortrer dcarand sad mrsy forecrxe tNs Mortgage 67' N'~~• Larder stab be emtltleY to eoboet im web proeeedim8 >r e><pcases Af foreclowre. imcimdimg. bad awe boNed to, reaaomobie stt•,rrreYa fees. card casts of ivcaaemtary cddemee, abatrtcts earl tick reprh. 19. b~onowd'a Rl>tlrt to Reimatate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time - .~o...~r. _ _ _ _