Loading...
HomeMy WebLinkAbout0932 , , Lender's written agreement or applicabk law. Borrower shall pay the amount of all mortgage insurance premiums to the manner provided under paragraph 2 hereof. Any amounts disbursed by tender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Bor lcer~er agree to other terms of payment, such amounts shall bz payabk upon notice from Lender to Borrower nesting payment thereof, and shall bear interest from the date of disbssrxment at the raft payabk from tithe to time on outstanding principal under the Note unless pa~rment of interest at such rate would be contrary to appticable law, in which event such amounts shalt !star interat at the highest rate permissible under applicable law. Nothing contained in This paragraph 7 shall require I.cnder to incur any expense or take any action hereunder. >L iss'eetioa, !.ender may.makt or cause to be made reasonable entries upon and inspections of the Property. provided that fender shall give Borrower notice prior to any such inspection specifying reasonable caux therefor related to Lender's interest in the Property. 9, Coadewwstiow, 'flee 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 assigned and shall be paid to Lender. In the event of a td.l taking of else Properly. the proceeds shall be applied to the sums secured by this Mortgage, with the exctu, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender • dherwix agree in writing, there shall be applied to the sums sceured 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 Properly is abandoned by Borrower. or if. after notice by lender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower fail. to respond to l.endtr within 3!) days after the date such notice is mailed. Lender is authorized to collect and apply the proceeds, at tender's option, either to restoration or repair o[ 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 extend or postpone the fiat date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. l0. Eorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by fender to any cuccecsor in interest of Borrower shall not operate to ukase, in any manner, the liability of the original Borrowsr and Borrower c successors in interest. Lender shall not be required to commence proceedings against such successor or refuse 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. i1. Rorbesrsace rl' Lewder Not 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 exercix of any such right or remedy. The procurement of insurance or the payment of tares or other liens or charges by Lender shall not• be a waiver of Lender's right to accelerate the maturity of the indebtedness stcssrcd by this Mortgage. tt RtrNeBies CtwaaWitre. Ali 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 exercixd concurrently, independently or successively. ' 13. Swccessors acres Assigws I~dirwd; .Ioiat sad Several 1.iabiNtr; Csptioas. The covenants and agreements herein contained shall bind, and the rights hereunder shall. inurg to, tine resptciivc sui:cciiu.~ s;:g;u R... subject to the provisions of paragraph ! 7 hermf. All covenants and agmments of Borrower shall be join] and xveral. The captions ~ and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under appticable 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 Property Address or at such other address as Borrower may designate by notice to T_tnder as provided herein, and (b) any notice to Lender shall be given by certified mail. return receipt requested. to tender'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 be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uaiforra Mortgage; Govtraiog 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 shalt be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of Chic 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 eSect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are .kccared to be xverable. lf. iorrower's Co*r. Borrower shall be furnished a conformed cop?• of the Note and of this Mortgage at the time of exscution or after recordation hereof. 17. ,Tnosder of t?e h~opertr: Assowrptiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior writrrn consent, excluding (a? the creation of a lien or encumbrance subordinate to this Mortgage, fb) the crcatson of a purchase money security interest for household appliances, (cl 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 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 colt or transferred reach agreement in writing that the credit of each person is satisfactory to Lender and that the inttr~wt payable on the sums secured by this Mortgage shall be at sssch rate ac Lender shall request. 1f Lender has waived the option to accelerate provided in this paragraph 17, and i[ Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obiiBations under this Mortgage and the Nae. If Lender exercixs such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with psragnph 1~ 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 such sums prior to the expiation of such period, [.ender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. Non-UNtFaent CoveneNTS. Borrower and Lender further covenant and agree :s follows: li. AcedeaNo~ Retwedks. Esu:e't r provided iw prttgrapr 17 rereef. Rsw •orrower's breacr of sax eotrewsN w rtgr+eewoewt of ierrower b tr4 Motr/tage. 6rclsiisg tic coteasals to pay whew tae say sww steered ti tris Mortgage. Iwwder rriotr N sccderadoa sri wail aotke to iorrewer s provided la'srss=raplt 1t hereof giecitylag: tl) ere irescr; t2/ the setbw tgdrsd se core seer rttacr; t3) a dw/e, sot less tray 30 days irorw tic date ere wotice r sra9ei to )Nrr+swq. ~ wrkr seer rreacit ttwrt k etwe~ aawi (4) fiat fsilsre to care socr brescr ow or rstore ere date specified M tltR wotiee oar resdt b actderatlea of ere now seeorrd r7' drk Mortgage. forcclosore rr jodkW t astl sale of ere hopertr. Tie aotiee srttr fotrtrer iwfotrra iorro+.er of ere right to rNrssWe after sceekrstbw asd ere right b atrert Iw tie forrtriosore poeeediag ~e wow~ertislewcs M • defaoM ar awr firer ddewse of Borrower to accekratiw awd foredowre. K ere rrracr i sot cored ow otr bdore ere fide speclRed i ere wotlce. Leader st [.codex's optiow way dtxisrs aB of ere warts seetwsd r!' tYs MoA;aRt is re iwu~iMelr doe awl MyaNe witrowt taArer demand aad way foreclose trls Mortgage ter jsikW prretediag. Lender shah k ewtWsti N ceBeet V wer Mocsedisg a/ atpeases of foreclossre. iachriiag. bet toes i>irwitsd M, resaowsbie stlxeeY's fees. atad casts a+[ iset.'~oewtarr eYideste. abdracb sari title nprb. I!. Ratrtrwa's Rigit to Relwstate. Notwithstanding Lenders atxekration of the sums secured by thn Mortgage, Borrower shall bare the right to have any proceedings begun by Lender to enforce this Mortgage discontsnued at any time 6+JOK 323 PAGE .`i. j~