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HomeMy WebLinkAbout2780 Y• i • ~ . ~ r . l Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premitrms rn the manner provided under paragraph 2 hereof. • Any amounts disbursed by Lender pursuant Io this paragra)~t;~t with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless BoROwer and Lender agree to other terms of payment. such amounts shall be payatrk upon ncuice from Lender Io Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payahk from time to time on outstanding principal under the Note unless pafyaireart 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 or take any action hereunder. s. Idpectio~. Lender may make or cause 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 cause therefor related to Larder's interest in the Properly. 9. Cowdetwmtiow. The proceeds of any award or claim for damages, direct or rnnsequential, in rnnnection with any condemnation or other Taking of the Property, or part thereof, or for conveyance in lieu of condemnation. arc hereby assigned and shall be paid to Lender. Tn the event of a toll taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage, S with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless. Borrower and Fender otherwise agree in writing. there shall tx 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. , If the Property is abandoned by Bor:over. or if. after notice by 1_ender to Borrower that the condgnnor offers to rrrtrlta an award or settle a claim. for damages, Borrower fails to respond to Lender within 30 days after -the date such trotiae 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 sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not exta?d , or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount Qr such installments. 10. iorrower Not Released. Extension of the time for payment or modification of amortization of the sates set:ur+ed by this Mortgage granted by I-ender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Ik?rrowcrs 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 Borrower's successors in interest. 11. Rorrearaace ri' Lender NM a Waiver. Any forbearance by Lender 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 r+errredy. 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 secured by thii Mortgage. 12. Reasedies Ctreralafitrc. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity. and may tx exercised concurrently, independently or successively. - ' 13. Successors awd Assigns Found:.Joist ,sad Several I.iabilitr; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender apd 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 arc not to tie used to interpret or define the provisions herrnf. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortga¢e 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 I~nder as provided herein. and (b) any notice to Lender shall tx 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 as provided herein. Any notice provided for in this Mortgage shall tx deemed to have been given to Borrower or Lender when given in the mantrer designated herein. 1S. Utsitorwr Mortgage: Gorerniag Law: Severability. 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 tx governed by the law of the jurisdiction in which the' Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given etlect without the conflicting provision. and to this end the provisans of the Mortgage and the Note are Declared to be severable. lf. >sorrowers Copr. Borrower shall be furnished a conformed cop}' of the Note and of this Mortgage at the time of execution or after recordation herrnf. 17..Tnmter of ere Property: Aswmption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creatan of a lien or encumbrance wbordinate to ~ this Mortgage. (b) the creatu+n 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 fd) the grant of any leasehold interest of three years or less j 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 w~rivcd such option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is to be so1D or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inlercct payable on the sums secured by tha Mortgage shall ere at such rate ac Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all { obljsations 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 c+f nor 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. Note-UNIFORM CovET1AHTS. Borrower and Lender further covenant and agrtx as fOllarrs: li. Aceekratio~ Rewcdirs. Etccept as prevWed i• paragrapr 17 ra~eot, ttpoa iorrewes's 6reaer d our eeveaaN ar agree>weet d tiarrewer f• this Mortgage. fuetrafrrg the covewaMs to par when flee atsr strata sec~rsi r! tris Mortgage. I.wder pricer a aceeksatlrru star rrraY notice to Dorrewer as provided la Mragraplr /4 tiered speeNrtags (1) hire rtn.er; (21 ere sctisw rteq~red b awre weft <trsaer; (3) a We, Trot less ta.a 3o days tr+oar ere date ere ranee Is maBed is /arrewer. b wrkr seer rreaer motif re cured; sad (4) drat taiare to care sorer brrracr ow or retore ere date apeei0ed i• ere uotiee rrnr r+esaM 4 aoederatloa d ere nester seearted br tr4 Mortgage, twsciosrrre b jed{cW proesediag sent sale d the h+opertr. Tire wotice stray ttsrtrer Wotrs Ilorrewer d ere riRrt to reiratNe after aceekratbu and ere rigrt b assts N ere torteiowrt proeeeitrg ere uow-a:Marco d a detaait or aar otter ddeose d Borrower to aceekrMbw sad taselowrc. H the 6rrxr is set cared o0 or rdere tre dale spseiisd V ere aotke. Leader at I.errders option twat deelart,r d ere wstr secured ry tris McAgage b 6e isawediatelr dire awd parable witrorrt ttatrer derrrand and star toreclae trlt Mert:sBe r'!' ~W N' Lender draN bt aMWed to coBeet V wet proecsdiaL ts0 espceses of toreclostsre, facitrdhg. rat eat tWlei 1a. rearsaaik stt•xser's fees. a¦i easb d ioet:.'~!r eridasee, abstrscls and title r+eporls. 19. lsorrewa's Right to Reinstate. Notwithstanding Lenders acceleration of the wms secured by this Mortgage. Borrower :hall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time I I nR A~~ _ ~'7" I~f