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HomeMy WebLinkAbout1297 ~ Lender's written agreement or applicable law. Borrower shall pay the amount o[ all mortgage insurance pttmittrns in the manner provide( 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 Morlgage. Unless Borrower and Lender agree to other terms of payment. sash amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall begr, interest ft+om the date of disbursement at the rate payable from time to time on outstanding principal under .the' I~bt! unless paj?rnertt of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate ' pcrmissioic under appiica'oie iaw. ivotning containea in this paragraph i snaii require Lender to incur Bury eapeaao ur ia?o any action hereunder. s. Isnpectiow. 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 reachable cause therefor related to lender's interest in the Properly. 9. CowdewrtsaKow. The proceeds of any award or claim for damages. direct or rnnsequential, in connection with any condemnation or other taking of the Properly, or part thereof, or for conveyance in lieu of condemnation. arc hereby assigned ' ; and shall be paid to (.ender. i Tn the event of a total taking of the Properly, 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 I,ratder ' otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds; as is equal to that proponion 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 Properly 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 con- demnor offers to ntalte ! an award or settle a claim for damages. Btrrower 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, Dither to r+estontion or repair o[ the Properly or to the sums secured by Ibis Mortgage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not exterd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. 10. 1orrower Nof Relesised. Extension of the time for payment or modification of amortization of the sutra seet»+ed by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, the liability of the original Borrower and Borrowers successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to attend time for payment or otherwise modify amorliution of the sums secured by this Mortgage by reason of any demand made by the orittinal Borrower and Borrower's successors in interest. 11. Forbearance hI' Lender Not a Wsiver. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise aBorded by applicable law. shall not be a waiver of or prccltrde 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 tie a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mongage. r l2. Rewnedies Ctsmwlati~e. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mongage or aRorded by law or equity, and may be exercised concurrently, independently or suceessivdy. ' 13. Swccessors awd Asttlgws )dossnd:.Joiwt awd Several I.iabilify; Captbws. The covenants and agroemertts herein contained shall bind, and the rights hereunder shall inttr~ to. the respective successors and assigns of Leader spd Borrower. subject to the provisions of paragraph 17 hereof- All covenants and agreements of Borrower shall be joir~ and several. The captions- and headings of the paragraphs of this Mongage arc for convenience only and ar+e not to tk used to interpret or define the provisions hereof. lI. Notice. Except for any notice 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 certified mail addressed to Borrower at the Properly Address or at such other address as Borrower may designate by notice to Tender 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 other address as Lender may designate by notice to Borrower u provided herein. Any notice provided for in this Mongage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. j 1S. UwRortsi MoAgtsRe: GovcrwiwR Law: Severabpity. This form of morlgage combines uniform covenants for national . use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering 4 real properly. This Mongage shall be governed by the law of the jurisdiction in which the Property is located. In the E event that any provision or clause of this Mongage or the Note conflicts with applicable law, such conflict shalt 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 16. Borrower's Co'y. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Ttrawder of the Property: Assumption. Tf all or any pan of the Properly 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 subordinate to ; this Mortgage. (b) the creatton 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 years or less not containing 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 whom the Property is to be co1J or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inters~at payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. 1f Lender hu waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest hu executed a written auumption agreement accepted in writing by Lender. Lender shall release Borrower from all ' obligations under this Mortgage and the Note. if Leader 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 arch stems prior to the expiration of such period. Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph lfl hereof. Now-Urrst=oant CovtavetvTS. Borrower and Lender furlher covenant and agree u follows: lfl. Acctt:kratio~ Rawedia. lEttce*t as provided io pwragrw'r 17 rereaf. trpw lsorrewats tttrewer of nwy covewwwt K , ~ agreesewt of iorrower fro ttois Mortgage. rselw~wg the coewawts to py rota dwe wwy saws strewrd b this Mortgage. Lewder prior b wcceterwtlow star wrap wotlce to Sonower as'rovEded V pra~rspr 11 rereoff yeelfllwg: (1) ere brewer: (w~ stscr rcgrdred b erne stscr brewer; (3) w dare, rod las traw 30 days irosw the date ere wotke Is wtaped to 1>asrs?wer. b i bttarr wart be cored; awd (1) thM tstilwre to care stxh breach ow or before trc date speeYed w ere wotke .troy ssawit b accekntiaw of ere trews seetsred by tris Mortgage. forccioswrc r7' ~W Noceedrt{ awd sale d the h+o'erty. Tre wttRict , srsir fwrtrer biers Borrower of the right to reirtspite after wcceleratlow wad ere rlgW b atrsert b ere toreeloswte pretsiedlwg ere wow~Mewee d w ddawk or way otter decease of rorrower to accekratla awe torecioswre. N ere brreaer tr root ewtrd ow or before the d»Ae specified i• trs wolke. Lewder at I.ewder's optiow wary declare sir of qte tnsttss stewed by trfs Moeypge w be imwsediwtely dtre assd pwywble wkrowt trAher dcnranA awd ray foreclae this Mortgage by jwdkW NeeeadlwR. iertder +1atr . be added to cored V effect proceednwg ter c=Nraes of forecloswrc. Iwclwdiwg. bat wet liwsited Iw+ reasonable stt~xwer's fee. swsi eosfs at ieer:.~wewtary erNewee, abdrscts siw+ title rrprls. . 19. llorsowa's Rfgrt to Reiwotate. NotwithstandinE Lenders acceleration of the sums ttcursd by thts Mongage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mongage discontinued at any time i i 2 3 f OAf1A a w~~