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HomeMy WebLinkAbout2062 ~ f Leader's written agrtxmettt or applicable law. Borrower shall pay the amount of all mortgage insuratxx premiums to the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to thi paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and leader ;a;tee to other ternu of payment. such amounts shah be payiuie upon notice from I~ntier to Bortvwer roquesiiag pajiii>c.A itwicwi, aiMi ;;ail b:.sr intcrtst fr~i Lhe date of disbursernertt at the rate payable from time to time on outstanding principal under the Note unless pa~?anet,t of interest at such rate would be contrary to applicable law, in which evrnt such amounts shall bear interest at the highest rata perrnissibk tmdcr applicable law. Nothing contained in this paragraph 7 shall requite Lender to incur any expense or fate any action +terettoder. Irt~ecaora, Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Tender :hail give Borrower notice prior to any such inspection specifying uasoaabk cause therefor rclattd to Lenders interest in the Property. f. Co~ietaarpttier, 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 her+aby assigned and shall be paid to Lender, ' In the euartt of a tat~l taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage, with the extxss, it any, paid to Borrower. in the event of a partial taking of the Property, unless Borrower and Laoder otherwise ague in writing, there shat! be applied to thr sums secured by this Mortgage such proportion of the proceeds as is egtul 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 valtx of the Property immediately prior to the. date of taking, with the balance of the preened: paid to Borrowar_ if the Property is abandoned by Borrower, or if. after notict by Lender to Borrower that the condemrar oRea to mate an award or settle a claim for damages, Borrower fails to respond to Tender within 30 days after the date such rtotioe is mailed. Lender is authorized to rnlkct and apply the proceeds, at Lender's option. either to restoration or repair o[ the Property or to the sums secured by this Mortgage. Unless 1_ertder and Borrower dherwise agree in writing. any such application of proceeds to principal shall not extend a postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 1t. fer*'ewer NM Releases. Extension of the time -for payment or modification of amortization of the sums aecurtd by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to reka:e, in any manner, the liability of the original Borrower and Bexrowrr s successors in interest. Lender shall not be required to commence proceedings against such successor a refuse to extend time for payment or otherwise modify amortization of the sums secured by this MoAgage by reason of any demand made by the ori(inal Borrower and Borrower's successors in interest. ti. Foriesraasce ls)r Leiser Not s Waiver. Any forbearance by Lender in ezerrising any right or rerrtedy hereunder, or otherwrise afforded by applicable la~v, shag not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurartoe or the payment of taxes or other lions or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness srcttrrd by this Mortgage. 1i Re¦aciits I.tirattirtlbe. All remedies provided in this Mortgage are distinct and carnal:five to any outer right or n:rnedy under this Mort(tagr or afforded by law or rquity. and may be exercised concurrently, independently or successively. 13. S~eeessars ari Assigaas •oatrs; Joint stns Several T.isbiifity; Captioot. 71te covenants and agreements herein contained shall bind, and the rights hereunder shall inurg to. the respective successor and assigns of Lender arid Borrower, subjtxt to the provisions of paragraph 17 hereof. All covcnartts and agreements of Borrower shall be jard and several. The aptian-and ht~dings of she paragraphs of this Mortgage arc for convenience only and are rat to tk teed to interpret or define the provisions hereof. 14. NoticY. Except for any notice required under applicable law to be given in another manner, (a) :ray notice to Borrower p~ovidod for in this Mortgage shall be given by mailing such notice by ttrtifitd mail addressed to Borrower at the Property Addrt~s or at such other address as Borrower may designate by notice to Tinder as provided herein, and tb) any notice to Lender shall he given by certified mail. return receipt requt~ted. 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 be deemed to have been given to Borrower or Lender when given in the manner designated herein. 1S. Unttore Mortgage; Goatrrwtt Lev; Se•erability. This form of mortgage combing uniform covenants for national use and non-uniform covenants with limited variations by jttrisdictton to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. 1n the event that any provision or clat?se of this Mortgage or the Note conflicts with applicable law, such conflict shall not aged other provisions of this Mortgage or the Note which can be given t:ffect without the eonAicting provision, and to this end the proves of the Mortgage and the Note arc Declared to be severable. ' If. lorrowers Cody. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time - of execution or after recordation hereof. 17..Trsrtrder of tie ho*erty; Aswrwptiow. if all or any part of the Property or an intrust therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the crcatton of a I+urchace money security interest for household appliances. (c) a transfer by devise. destxnt or by operation of law upon the death of a joint tenant or (d) the gent of any leasehold interest of three yeah or less not containing an option to purchase. Lender may. at Lender's option, declare ail the sure 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 cold or transferred reach agrtertrent in writing that the credit of such person is utisfadory ro Lender and that the inten~st payable on the sums secured by this Mortgage shall be at such rate ac Lender shall uquest. Tf Lender has waived the option to actxkrate provided in this paragraph 17. and if Borrower's successor in interest has executed a written assumption agreentntt accepted in writing by Lender. Lender shall release Borrower from all obl#gations under this Mortgage and the Note. If Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in sccordancc with paragraph 14 hert~of. Stich novice shall provide a period of trot 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 wch period, Lender stay, without further notice or demand on Borrowrr. invoke any rerrtedia permitted by paragraph 18 hereof. . NoN-Unataosta~t CavEnsta•rs. Borrower and Lender further covenant and agrees sr fellows: 1>i. Aa:eeiersaasr; Rertsesies. IBxee}t ss proviicd sir prragres'i 17 ierrM. a*nr larrrwer's bstraela of ~ co~errtat K ' agree~ert of IMnwrer ft sass Msrfgage. lacltriittg lie ewewarMs a !h' wie~ ire ssgr scars stewed `7' tftr MerlRage. Lewder ~ t. scederatf.. titii :rail roNce a Iserrsrer s ~rovlses f. I4 t+er+ca[ yeeitylrg: t1) art rK.rw t2/ era aetMw r~q~ies w etste aces itesctB t~ r isle. rest less Garr 3• says trove tie lisle are aeace k rsaYts M 1Nerrwer. fay wiles sties ttseaei Nt foe ewr~ asas t4111W tailtrre M cute arts breaei a a tadtrre are date speeltiai V the aotke rqy raxait in ao~ierall...t tt~tr w.t steaar~cs y tfk M«tgaae. t~tclawre b prreediatg aces: ere et tie rro*ertr. Tine •etiee sill trrlier i.totta •rrs+r+~er d tie right w rteirshle suer accekraaow asts rat right fis ::acct 1. tic foreelrsrse ~soeeeslta~ tie ro.a~istewee rat a ietrrM K sagr Mier idertse of Mn~ower w scceiersliow Arai torteiosrre. >r age ttrraci r rot awes esa K idste are dale s*aeYei fi the rotka i.ewrer nt i.ewier's e'tiaaa gray srxlssts si et the t>,nsts seertei y grit Meru f4 k iMCdfsleiy ire awl ~aMe ..ilisrt ttrritaer sewtaad over gray /areclast tYs Marftage y jaiklr /ntee~rrR. Lender slant ere eall/si N e~tet fsa srci pssesesitag rl experres of toreckstxe. Irclrif~. in art Mrtilt/ M, teaseaaaiie s~lHxrtev's fen. a¦i estls at irer-~ry eviserce, aWrrrls scar tine reNrb. If. lirsr+swa's Roil a Rsista/e. NcttwithstandinE Lender's acoekrnion of the starts secured by Ihr_ Mortgage, Sorrwrer shall have the right to have any proceedings begun by Lender to enforce this Mortgage: disco~ntinued at any time E~~~oi 3~ PRGE~,V~J•~