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HomeMy WebLinkAbout2603 • i f f ' i ~t ' s t ~ ~ . Lender's written agreement or applicable law. Borrower shall pay the amount of sll mortgage insurance premiurru in the manner provided under paragraph 2 hereof. Any amounts disbursed by lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and I.eood~r ag~e to other terms of payment, such amounts shall be payabk upon notice from Lender to Borrower rcquesting~payrrrent tho:ieof, and shall bear interest from the date of disbursement at the rate payabk from tune to time on artstanding principal under the Note unless payaaart of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate { permiasibk under applicable law. Nothing contained in this paragraph 7 shall require lender to incur any expewe or take env action hereunder. !l. Iwspectiow. 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 Lender's interest in the Property. 9. Cowdemwatbw. 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 Lender. 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, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the ptnoeeds as is equal to that proportion which the amount of the same secured by this Mortgage immediately prior to the date o[ 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 i.ender to Borrower that the condemnor oRers to make an award or settle a claim for damages. Borrower fair to respond to 1_ender within 30 days after the date such notice is mAiled, Lcndef IS authorized to collect and apply the proceeds. at i~nder's option, either to restoration M repair Of dire P;openy or to the sums scoured by this Mortgage. - Unless Lender and Borrower otherwise agree in writin(e. any such application of proceeds to principal shall not extend or postpo~ie the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortiution of the sums secured by this Mortgage granted by Lender 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 interat. 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. 11. Forbearance iy Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy heretmder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or t+pnedy. 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 this Mortgage. I2. Rewedks CraoehBvt. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or aRorokd by law or.equity, and may be exercised concurrently, independently o>r successively. ' sa c~......~......a •~.r~~. n......._r..i..r.......t _c..,...r r t.r.aiw• r'...ri...... 'ilw ~-.?venanre a~ut aare_ements hereto contained shall bind, and the rights hereunder shall inert; to. the respective successors and assigns of Lender aad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be jorir~ and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to tk used to interpret or define the provisions hereof. 14. Nortke. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower proovided for in this Mortgage shall be given by. mailing such notice by cenifled mail addressed to Borrower at the Property Address or at such dher address as Bormwer may designate by notice to Tinder as provided herein, and 'j (b) any notice to Lender shall he given by certified mail.. return receipt requested, to Lender's address stated herein or to j such other address as Lender may designate by notice to Borrower u provided herein. Any notice provided for in this Mortgage shall Ix deemed to have been given to Borrower or Lender when given in the manner designated herein. k iS. Uwifo?rw Mortgage; Goverwiwg Law: $everabBity. 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 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 aged other provisions of this Mortgage or the Note which can be given eQect without the conflicting provision, and to this end the provisions of the Mortgage and the Note arc Declared (o be severable. 16. >sorrower's Copy. Borrower shall be furnished a conformed cop}• of the Note and of this Mortgaae at the tune ~ of execution or after recordation hereof. ~ l7..Trawder of tic Property: Aswmptiow. If all or any part of the Property or an interat therein is sold or transferred by Borrower without Lender's prior writrrn consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interat for household appliance, (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 o>r less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgase to be immediately due and payable. Lender shall have waived such option to aceelerate if. prior to the wk or transfer. Lender and the person to whom the Property is k~ be so1D or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inten~ct payabk on the sums secured by this Mortgage shall be at such rate ac Lender shall request. If Lender hu waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interat has executed a written assumption agreement accepted in writing by Leader. Lender shall release Borrower from all oblitgaations under this Mortgage and the Note. if Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in sccordanc-c w•irh 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 Borrower faits to pay arch sums prior to the expiation of ouch period, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph Ig hereof. Nox+-Ut+tFOtrt?s Covt=.tvet~tTS. Borrower and Lender further covenant and agree u follows: 10. Acedeatlo~ Reweales. Eutpt as provided iw poragrapi 17 Tiered. npoo iornwsw's rseoelr of troy eovewl or agreswewt of Desrower d tits Mortgage. ircloaiwg tie covesrsals to pay whew doe any saws eecorei fh tYs Mosglagt. Levier prior b scederMtow scar wrar wotke to lonvwer as provide4 h pragrapb 14 rereo[ geeltyio~s p) ere ftltswclr; t21 the sctisw aslokcd b Bore Hoer ibs+eaei; (3) w dote. wet less tiaw 30 days trove ere rite ere notice fr wdlei b >tossower, b wrkr seer rsewci wwM re ctrrc~ awi (4) fiat twilwrc b crave crier Meacr orw a< rdoss tic Gate 'speeifilei i• ere notice way resrrll five wecekrdiew d tie tsHrra secured r7' tils.MotRgage. tosccloserc r7' jhrdklal procseiiwL avert teak d ere lsperty. 71re wotiee star testier bdorwr fisossower d tie riRM b reiraaatc attar aceefiCrwtiow sire tie right b asscA iw die toreeieane preeeeirrg die now~e:Merree d a detaok or aver otter ~efewse of >sorrower to wceekrstiow awi toredowre. 1t tie rtrcad b wet Borst ow or retosc tie dMe speelfiei b ere woke. Lew/er at I.ewaer's opbw wavy aeeiare ar d die sows seeorsd r!' tW MerfpBtt w fee iw¦rediwtely iwe and payafltle witioN terrier demand and aray toredae t6ds Mortgage b joikW N'oeee~wR. Lender draN re ewddei t• eoftifeet i• seer pr+oeeediwL aft a:peaces nt foreclosore. Iwelodiwg. rot west rwited M. r+etwwaMe sdt•,raer's fees. atsi ~ of ioertweMary eddewet, abstrwcts awi title report. 1!. )sonowet's Rfigrt to Reirtate. Notwithstanding Lenders acceleration o>f the sums secured by the Mortgage. ' Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time 8(;323 Pa~E25 92