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HomeMy WebLinkAbout0953 • Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereo[. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Harrower and i.ender agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless pa'yrrteat of interest at such rate would be contran? 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 arty expense or take any action hereunder. fi. lwspectiow. i.ender 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 Leader's interest -in the Property. 9. Cowdemaafiow. The 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 [.ender. 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, it any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwix agree in writing. there shall be applied to the sums seciirrd by this Mortgage such proportion of the proceeds as is equal to that proportion which thr amount of the sums secured by this Mortgagt 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 Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damai;es. Borrower faih to respond to Lender within 30 days after the date such ttotitx is mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or rzpair of the Properly or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principai shah sect extend 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. )sorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lcndcr to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower c successors in interest. Lender shall not be rrquired to comrrtertce proceedings against such successor or refiix 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. Forbearawce 6I' Lender Not a Waiver. Any forlitarance by i_ender in exercising any right or remedy hereunder, or otherwise afforded by applicable taw. 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 sectirrd by this Mortgage. l2. Remedies Cemwlt>ltie. All remedies provided in this Mortgage are distinct and cumulative to any other right of remedy under this Mortgage or afforded by !aw ar equity, and may be exercised concurrently, independently or successively. ' 13. Successors sad AssiRws )bound; Joint and Severs[ l.iabr~ily; Captlows. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender seed Borrower. a----~ •t/ .e ~f ilnrrnuri.? ehsl) lf' jniN Ind several. sUOleCt t0 lne prOYiSi005 6f paragraph f / tRfCUt. nu <u~Ciwi~ta aiw Q6r~,^.:,~,^,., The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to lie used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to 6e -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 Lender as provided herein, and (b) any notice to Lender shall he given by certified mail. rctum receipt requested, to Lenders 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. 1S- Uwlfonw Mortgage; t;overniug Law; SeverabUity. 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 properly. This Mortgage shall be 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 eBect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. lf. dorwwet's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Tueaster of the PropeiRy; Assamptiow. If al! or any. part of the Property or an interest therein is sold or transferred by Borrower without Leender's prior written consent. excluding (a) the oration 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 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 weaved 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 mach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in inters( has executed a written assumption agreement accepted in writing by Lender. Lender shill release Borrower from all oblifiations 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 of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Bonovver fails to pay such sums prior to the expiration of such period. Lender may, without further relict or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Note-UNIFORM COVENeNTS. Borrower and Lender further covenant and ague as fellows: lfl. Aceetawtiow; Rewcdles. IF,scept as provided iw paragraph 17 hercot. Rew Iloerwrds 6rceA of say eo~cawwt K a~reearest of Eorrower r fhb Morega6c, iwelwdiw~ the covcAaa/s to py whew awe way ssws tttcttxed by this Mortgage. Lewder prior b aeeekeiNlow shwfl swap wotlce to Iborrewer ss pro•ided ew pnpraph 14 hercot ttpeeltybig: (1) the breach: (2) the txttsw rq.4ed b cane swch breach; (3) a assts, woe lea thaw 30 days trorw the date the aotiee i. ttaYed N Iserrowcr. b' whkb sweb breath rwwtR be etrred; wed (4) that hilwre to care swch breach a or before the date specl/cd d the wotkc way result Iw aa~cekratiow of the soar tiectrrcd by thb Mortgage. torecloswre by jwdicW proeeedirrg awe seek of the )rropciry. The wrttke shah fortber b>torw 1orr+ower o[ the right to reirtstatc after wceeletMbw awe the right to areA h the torealatrrc pnoeeeirg the sow-sswewce et a iet..lc or eery other detewse of aorrower t• wccekratiow wwi toreelowrer. N the 6neacb M sot cwrrN ea or before the date specified i• the wotke. Lewder at I.ewder's optbw Tway declare sr of the saws scared by fhb Mortgage ti be bNwediaMy awe awd pyable withotd fresher demand and may foreclose fhb Mortgage by jwdkW peeeedlwR. Lender chap be satWed to collect V strcb pr~oceediwg ap ettpenses r?f foreclosrre, Iwchdiwg. bat wet ptwited M. reaaowwNs trtt.xwey/s fees. seta eoa4 of iocs.-~atwrr e~idewee. wbstrwcb erred tick repro. 11. lfornowa's Rtgbt to Reiwatste. NotwithstandinE Lenders scceleration of the sums secured by this Mortgage, Bonowtr shall hart the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time ~f~x 32.3 Pa~E 953