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HomeMy WebLinkAbout2881 r I.ender'c wriUCn agreement or appGcahlc I:lN'. Born+Ner shall pad the amount of all mortgage insurance premiums in the manner pn+vided under paragraph 2 hereof. Am• amounts disbursed by I.cnder pursuant to this par.?graph 7. N•ith interest thereon. shall hea?mc additional indebtedness c+f Harrower secured by Ihic Mongage. t'nlcs BMfU++I'r and 1 ender agree to other terms of payment, such amanms shall he payable ulx+n n++tire from Lender to &?rruNer reyucsting payment there++L and shall hear interest from the date of di.hurcement at the rate payable fmm time to time on outganding principal under the Note unless payment of interest at such rah N•ould he contrary to applicable la+v. in which event such amounts shall hear interest at the highed rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. lnspectian. Lcndcr may make or cause to be made rcaconahlc cntric~ upon and inspections of the Pmpcrty. pmvidcd that Lcndcr shall give Borrower notice prior to any such inspection specifying reasonable sauce therefor related to I-ender's interest in the Property. 9. Condemnation. The pr+?cced. 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 lien of rnndemnation, arc hcrcM• assigned and shall he paid M T ender. in the Brent o(a total taking of the Pmperty. the proceeds shall he applied to the sums soured by this 1.lortgagC. with the excess. if any. paid to Rorn?N•cr. In the eycnt of a partial taking of the Property. unless Borrower and Lender otherwise agree in writing. them shall he applied to the same secured by this Mortgage such props?rtion of the proceeds as is equal to That proportion which the amount of the sums secured by this Mortgage immediateh• prior to the date of taking hears to the fair market talus of the Property immcdirtcly prior to the date of taking. with the balance of the proceeds paid tc? Borrower. If the Properly is abandoned M• Borrower, or if. after notice by Lcndcr to Borrower that the condemnor offers to make an aN•ard ar settle a claim for dam;?ges. Borrower fails t++ reslx?nd to Lcndcr N ithin i(1 dais after the date such notice is mailed. i.cnder is authorized to rnllect and apply the proceeds. at Lender's option. either to restoration or repair of the Property or to the sums sccurcd M• this Mortgage. Unless Lender and Borrower otherN•ice agree in scriting. any such application of proceeds to princip:?1 shall not extend or p++stpone the due date of the monthly installments referred to in paragraphs 1 and ' hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modifir.?tian of amortization of the sums sccurcd by this Mortgage granted by I:ender to anr_ succeccur in interest of Borrower shall not operate to release. in any manner. the liability of the orieinal BOrroNCf and Borrower's successors in interest. lender shall not hC required to commence proceedings against such successor or reface to exten+l time for payment or otherwise modify amortization of the sums secured bs• this Morigaee M• reason of anr demand made br the orieinal Borrower and BormN•er s cuccesson in interest. 11. Forbearance by Lender lot a Waiver. Am• fc?rF?cararne hs Lender in exercising am• right or remcdc herennder. or otherwise atTurded by applicable law. shall not he a waiter of or preclude .the exercise of anr such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges M• Lcndcr shall not Ix: a Nairer rf I.ender'c right to accelerate the maturity of the indebtedness secured h>' this'~lortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulative to anr_ ~?ther right or remedy under this Mortgage or afforded M• law or equity. and mac F?c exercised concurrently. inc!ependenth- or wccesciyels•. 13. Successors and :lssigns Bound: ]oint and Ser,eral liability: Captions. ll?e covenants and agreements herein contained shall hind. and the riches hereunder shall inure to. the respective successors and assigns of Lcndcr and Borrower. subject to the provisions i?( paragraph 17 hereof. All cos•enams and agreements of Borrower shall he joint and ceyeral. Thc captions and headings of the paragraphs~of this Mortgage arc for rnm•enience only and arc not to he aced to interpret or define the pmricionc hereof. 14. \otice. Except for any riotirc required under applicable la+s a+ bcr given in another manner. (a1 am• notice to Bormwer provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at I, the Propem• Address or at such other address as Bc+rrowcr mar_ dcsien:?te by notice to Lender ac provide) herein. and ~ Ihl am notice to Lender shall he gis-en by certified mail. return receipt requested.- to 1 ender'. address stand herein or to .?!ch ~+ther address :?s Lcndcr mac designate by notice to Borr++NCr ac provided hercm. :~m• nrnice provided for in this M++rtgage shall 1?e deemed to base b+ren given to Borrower or Lender ++hen given in the manner deci¢natcd herein. 15. Uniform ~tot7gage: Gox•erninR i.aw: Sererabilitc. This form of mortgage rnmhincs uniform rnyenanis for national use and non-uniform c??vcnant. ++ith limited rariatiunc hs_• juris+licti+•n tr constiurte a uniform security instrument covering real property. This Mortgage shall 1?e governed hs• the law of the juri..liction in N•hich the Property is Ic?+:ated. in the event that am• provision or clause of this Mortgage ~+r the Note conflict. ++ith :?ppfic:?ble law. such conflict shall not affect other pr.»isions of this Mortgage or the Noh Nhich can he _isen eflect Ni!hout the conflicting provision. and to this end the provisions of the Mortgage and the \ote arc Jeclarcd t+? 1?e urcrahle. 16. Bormwer s Cope. Borro++er shall hr fun?ishecl a conf++rmed cope .?f the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of the Property; Acsttmption. If all or :u?s part of the Property or an interest therein is sold or transferred by Borrowrr Nithout i.rnder's prior written consent. excluding 1:+? the creation of a lien or encumhra?rce subordinate to this Mortgage. (hl the creation of a purchase nu?nev security interest for houcehalJ appliances. (c? a transfer by devise. descent or M• operatirn? of las+ upon the +kath of iomt tenant or (d? the grant of anr leasehold interest of three years or less not containing an option Ic? purchase. l rndrr m:?s. at 1 ender'. option. declare all the sums secured by !his Mortgage to be immediateh• due and payahlr. Lender shall base waned such option to accelerate if. prior to the sale or transfer. Lender_ and the person to whom the Property is to he .ol.l or transferred reach agreement in writing that the credit of such person. is catisfacton R~ ?.ender and that the inteetst pacahle on the sums secured by this Mortgage shall be at such rate as Lender sh:dl request. If 1 ender has waived the option to accclerne pn.cided in this paragraph 17, and if Borrower's successor in interest ha. executed a s+•rittcn assumption acreement accepted in writing by Len+ler. Lender shall release Borrower from all oblit;atiam under this Mortcaee and the Nc?te. ~ If I ender exerrisrs such option to accelerah_ I ender sh:~ll mail BarraNer notice of acceleration in accordance with paragraph 14 hcrcof. Such notice shall provide a period of not les. than in days from the date the notice is mailed within which Bormwer may pay the sums decLued due. If Rorn?s+er fails to pay such same prior to the expiration of such period. Lcndcr may. without further notice or demand on Borrower. inrokc am remedies permitted bs• paragraph 1 R hereof. NoH-UNIFORM Govt=v.~~TS. Borrower and Lender further caycnant and agree as follows: 18. Acceleration; Remedies. Except as prodded in paragraph 17 hereof. upon Borrower's breach of any covenant or agreement of Borrower in this 3tortRaRe. including the covenants to pay when due an}• sums secured by this MoFtgat;e, Lender prior to acceleration shall mail notice to Borrower ac provided in paragraph i4 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 by this Mortgage. foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosnre proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not Bored on or before the date specified in the notice, Lender of Lender'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 collect in such proceeding all expenses of foreclosure, including. but not limited to, reasonable attorney's fees, and costs of documentary evidence. abstracLc and title reports. 19. Bormwer'. Right to Reinstate. Notwithstanding Lender's acceleration of the sums sccurcd by this Mortgage. Borrower shall have the right to have any proeedings begun by Lender to enfe?rce this Mortgage discontinued at any time