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HomeMy WebLinkAbout1042 . J i.,~ . • , .Lender's written agreement a applicable taw. Borrowsr sMU pay the amount d ap rrtortgaje itrturanos praaiutra in the ~ matuter avided under ~ Pr paragraph 2 hereof. Any amounts disbursed by l.ereekr pursuant to this paragraph 7. with interest thereon, shalt became additiowal ~ indebtedness of ee+rrowe:r secured by this Mortgage. Unless Borrower :nd Lender agr+ce to other terror of payment, such. . amounts shaft be payable upon notice from Lander to Borrower reequesting payment thereof, and shall bear interest treat the date of disbursement. at the ate payable from time to tints on outstanding principal under the Note unless payrrteat d interest at sach ate would be contary to applicable law, in which evert such amounts shaft bear interest at the highest tall perrrtisu'bk under applicable law. Nothing contained in this paagraph 7 shall retquite Lendtx to incur any ea~peraie ex tats any action hereunder. >L irpKetiM, Lender may make or catae to be made reasonable entries upon and inspections of the Propett~. pr+oerided that Lender shall give Borrower notk-e prior to any such inspection specifying rcasonabk cause therefor relatetd to Lsrtder'a interest in the Property. CoMewraliow, The proceeds of any award a claim for damages, direct or consequential, in ootwtectioa with ~ condemnation or outer taking of the Property, or part thereof, or for conveyance in Lieu of condemnation. arc hereby asiBnod j and shall be paid to Lender. ~ ~ If in the event of a total taking of the Property. the proceeds shall be aFplieD to the cams secured by this Nortfage. with the excess, i[ any, paid to Borrower. In the event of a partial taking of the Property unless Borrower and Leerier otherwise agree in writing, there ti'eall be applied to the cams sexeered by this Mortgage such proportion of the ptooeedt 1 as fs e:gwl to that proportion which the amount of the sums secreted by this Mortgage irrt:rtediatedy prior to the date d taking bears to the fair market value of the Property immediately prior to the Jate of taking. with the balance d the ptnoeeds paid to Borrower. If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the oondemtar elks tit! tttaToa an avw~rd or settle a claim for damages, Borrower fails to respond to Lender within 3t) days after the date sudr aotioe it retailed, Lender n authorised to cdkct and apply the proceeds, at Lenders option. either to restorction or repair d the Property or to the cams secured by this Mortgagee. Unless Lender and Borrower otherwise agree in writing, say such application of proceeds to principal shall tat sxtewd or postpone the due date of the monthly installments referred to in paagnphs 1 and 2 hereof or change the tutaunt d ~wch installments. - 1~. Mrrowee' Nat Rdarei. Extension of the time for payment or mod'dkation of anartization of the sums secured. by this Mortgage granted by Lender to any strecessor in interest of Borrower shall not operate to r+eJase. in any manrar, the fiatiitity of the: original Borrower and Borrower's successors in interest. Lender strap not be required to eomntenoe proceedings against such sirocessor or refuse to extend time for payment or otherwise modify atrtortization of 'the sums secured by this Mortgage by reason of artlr .demand made by the original Borrower and Borrower's successors in interest. 11. For>rearawce b bender Nat w Waher. -Any fe+rlieaance by Lender in exercising any right or remedy herwrtder, or otherwise afforded by applicable lase, shall not be a waiver of or prechxk the exercise of any such right or remedy. The procurement of insunaex or the payrttent of taxes or other liens or charges by Lender shall not bo a waiver of Lea_ der's right to accelerate the maturity of the indebtedness secured by this Mortgage. f2. Reweiies Crt~whtine. All r+errtedies provided in this Mortgage arc distinct and cumulative to any other right a remedy under this Mortgage or atfor~ded by law or equity. and may be extrcist:d concurrently, irtdepertdpttly a wooasively. 13. Srccestors sect AsNtprs tiower$ Jdwt scat Severs! i.iabiliy; CaltlMwt. The covenaats and agreemdtts htreir+ - oontairkd shall bind, and t'ne rights t+ereunder shall inuug to, the.respective sucoasa~s and assigns of.Lender apd Borrower. wbject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. 71te captions' and headings of the paagaphc of this Mortgage are for convenience only and erne rat to ik used to - intetpret or define the provisions hereof. . ld. Notice. Except for any tatice required under applicable taw to 6e given in another manner. (a) ar+y ratite to Borrower p~+nvided for in this Mortgage shalt be given by mail;*rg such notice by certi&d marl addressed to Borrower at the Property Address or at such aher address as Borrower may designate by notice to T.ertder as provided he:rcin. and (b) any notice to Lender shall be given bI? certified mail. rctuni receipt requested. to Legtder's address stated herein or io such other address as Lender may designate by notice to Borrower ss provide:d herein. Any aotioe provided for in this ' Mortgage shall be deemed to have boon given to Borrowtr or Lender when given in the manner designated herein. 1S. Urtifetra Morytage; Goverriag Law= Seversbility. This form of mortgage combines uniform covenants for natioaal use and non-uniform covenants with limited variations by jurisdiction td constitute a uniform security iratruntent ooveriog - real proptrty. 'ibis Mortgage shall be governed by the law of the jurisdictiotr'in-which the Properly is loafed. Ia the event that any provision or clause of this Mortgage ar the Note conflicts with applicable law. wch eonAiet shall not affect other provisions of this Mortgage or the Note which can be given. effect without the oonAicting provision. and to this end the provisions of the Mortgage and the Note are Declared to be se:rerabk. - - if. >sorrowet's Copy. Borrower shat) M furnished a conformed copy of the Note sad of this blextgage at the titrte of execution or attar recordation hereof. 17..Trsrtfer of tks Troperty; Asserwtptiow. if ail or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior. wrincn consent, excluding (al the eration of a lien or encumbrance subordinate to this Mortgage. (b), the creation of a purchase mcmey security interest for hauehold appliartas, (c) a tansfer by devise, . Acseertt or by operation of law upon the death of a joint tenon. or (d3 the grant of any leasdtold interest of three years a less not containing an option to purchase, Lender may. at Lender's optan. declare all the scans secured by this Mortgege to be immediately due and payable. Lender shall have waived s~rch option to acceka/e if. prior to the sale ex transfer. Lender and the person to whom the Property is to be so1D err transferred reach agreentert in writing that the credit of such person is satafactory to Lender and that the intercct payable on the sums secured by this Mortgage shall be at such ate as Lender shall request. Tf Larder has waived the option to accelerate provided in this pagraph 17. and. if Borrower's successor in interest has executed a writtrn assumption agroerrtent accepted in writing by Lender. Lender shall reJeme Borrov?Yf Fran al! oblyatioets under this Mortgage and the Note. If Lextder exercises wch option to accelerate. Lender shall mail Borravrer notice of acceleration in accordanez with- paragraph 1: i hereof. Such notice sltaff provide a period of not gas than 30 days from the date the ratice is matted within which Borrower may pay the cams detclared due. If Borrower faits to pay serclt sums prior to the: expiration of web period. Leader may. without further notice ar.iemand on Borrower. invoke :ny remedies psnnitted by paragraph 18-lteaeaf. Nowt-UtatFOaut Covtrratrrs. Borrower and Lendu further onvenant and agrot as fdlowa: - li. Aceeletatie~ Reateditt. ig:cepc as ~o•Nei is per~tpaplr i7 lreraaE. r~ora larraw+p's Itsearh st ahr easenartt ate agrwaert of tanet+wsr Is ttsit Mortgage, iselsdptg ere sevesarrls to pq wean tae am swats teettts/ g tYt MaegpRe. iewiet ptritr N rertiesatfer safest wtail relics to ¦aerrerwer as prorNei M Mrapaplt i4 ltersoil s~isg: (1) Ibe tttsaelt: (g! the settow . ra*irei a erto sash tireaek a stale, w6t test tract 30 ~ tlrorw Ilte dale ~ castles r aerie! M Mene+.etr. b!' which >w>d ~ tirereh ~ ere eree~ art (h flat fad M care titer ireacr a K !ldete tltc stale s'se>iei V ere solace rgl' rt:tsk i. a~aedetatlsr eft tie sw¦ts atcaei-tip plat Mettle. fisteieett>rr ti l~a~ scat sale of tht Pr~ergr. 71te watiot strai twiner Ittfwwt Metower of /re rlgft to eriwWale after aecekratiew scat llte rlgM M attest to rises fiet'eMwte plreeeiti ~ Itie a~eridttatrce eft s eldarit err are! et~dtet ekter~st of Borretsre:r is ttexekntMr ai tettteeMwr~ 1t 6tt tireaei r eN eeresd M or betaee Nee isle tpaeliai b tie tales. herderst Larder's eaptlorr ray elet>ftre ai eft tAe sass stcstei tqr nit 1Mtfsrllealpt 4 k i¦arteeiFttlAf ire w,i pwyaiie wtlltowf tsArer dtw?and anti sear tetneelete fait MM~sgt bf' jaikitl /etwee~. Lewder seat !tie etatldse5 N eaiett tw weft peweeediag ati expewses of toreclotwt+ Yrdribsg. rrl rot tiaHtti Iwr eestsrtaiie sltwser's fees. - I teat eastlt elf ifaearartsy eeidewee. ahNraeb art title spelt- s 1!. Dstt+swet's Rlsit q Reiadala Notwithstarrdingt lenders aoaleration elf the sums seatred by thn Mortpge. Borrower strati have the rigb! to have any proceedings begun by Lenekr to enforce this lilortgage discontinttetd at say time 84 r~~~: