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HomeMy WebLinkAbout1103 - ~ - • ..l.. j 9 ~ : 1. i Lender's written sgroearetrt or applict~bk law. Borrower >thalt pay the aterount of aB taottgage iasuratroe otemiutm in the ~ maurrer provided under paragraph 2 Hereof. , Any atrrounts disbursed by !.ender petswnt to this paragraph ~7. with {utey+est thereon. shall become sdditional indebtedness of Borrower secured by this Mortgage, Unless Borrower ~anel ~ Lender ltgt+ee to other terms of payment. such amounts sMli be payable upon trotice from Lender b Borrower requesting payment thereof, and shall bear interest fmar the dale of d~Mtrsettrent u the rate payable froth time to time on outstanding principal under the Note rrnkss pt<ymeat o[ interest a such rata would be contrary to applicable law, iti whisk errant such amounts shag brat interest at the him tab perminibk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur gay expense a taloe any sction hereunder: >L ingieetiw. Lender may make or cause to be made reasonable cntriec upon and inspxtions of the Property. Itr+uvided - ~ that Lender sha11 give Botrrwe? notice prior to any such inspection specifying reasonable cause therefar related to Larder's interest in the Property. 9. Cam, The proceeds of any award a claim for damages, direct a consequential, in oonnecdott with ray eondemtratign or other taking of the Property. or part thereof, or for conveyance in lieu of eardetnn:tiow, 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 atxut+ed by this Mortgage. with the excess, if any, paid to Borrower. in the event of a partial taking of the Property. unless bornowtr and Gelder aherwise agree in writin([, there shall be applied to the sums secured by this Mortgage such pt+oportion of dre proceeds ss is equal to that propottiotr which the amwrnt of the sums secured by this Mvrtgaae immediately prior to the date of taking brats to the fair market vatue of the Property immediately prior to the date of taking. with the balatrce of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if. after ttotic~e by Lender to Borrower that the condemnor oRers to mate an award or settle a claim for damages, Bnrrawer fails to respond to-Lender within 30 days after the date such notice is mailed, Lender is authorised to cdkct and. apply the proceeds, at Lender's option, eitT:er to restoration or teQair of tre Property or to the sums secured by this Mortgage. Unless !.ender and Borrower otherwise agree in writing, any such application of proceeds to principal shall trot estewd or postpone ;he due date of the monthly installments referred to in paragraphs 1 and 2 hereof or chaerse the trwrotrat of such itrstahteents. ~ - - 1B. Ee~rowerNot Relgad, Extension of the time for payment or modilkation of amortization of the writs 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 &~rrower's successors in interest. Lender shall not be required b commence proceedings sgairrst such suoc~ssor or refuse to extend time for payment or otherwise modify amortization of the Strttrt secured by this Mortgage by r~eawn of any demand made by the oriRinai Borrower and Borrower's successors in imerest. - ! 1. Foriewrawce bf Lewtlier Nd w Arairetr.. Any fothe:once by Lend=r in exercising any right or t+emedy lreramder, or otherarue afforded by applicable law. shall not be a s4aivcr of or prtxhrde the exercise of any such right or remedy. The procurement of insurance tX the payment of taxes or other liens or charges by Lender shall not 6e a waiver of Lender's right to accelerate the maturity. of the indebtedness secured by this Mortgage. l2. Rew~eiies All remedies provided in this Mortgage are distinst -and cumulative to any other right Or _ ranedy under this Mortgage or afforded by law or equity, :nd may be exercised eoncurrtrtly, indepetrdetrtly or successively, 13. Suecesaoss awl Astdgws lowest!: Joiw1 trwi Several - i.iabiliryr; Ca*dttas. The covenants and agreements ha+ein txrntairred shalt bind, and the rights hereunder shall inur+~ to. the respectirie successors and auigns of Lender and Borrower. subjeq to the provisions of paragraph 17 hereof. All covenants and agreetrrents of Borrower draft be join( and txwrd. The cap~ions' and headings of the patagraphc of this Mortgage arc for convenience only and are not to Ile uses to interpret or deflrte the provisions hereof. - I~. Netke. -Except for any notice required under applicable law to be given in another manner. (a) any notice b Borrower ptovidod for in this~lortgage shall be given by mailing such notice by certi&d mall addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice tv Lender as provided herein. and (b) any notice to Lender shall he given by certified mail, return r~oceipt requested, to Larder's address stated herein orb - _ such other address as Lender- may designate by notice to Borrower ss pro~+ided herein. Any notice provided far in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herds. 1S. Uwitorwr MortgsRr; Govershg Law; SererabWty. This form of mortgage combines uniform covenants for nitional use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security iratrurnent oovetvtg real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the .event that-any prt±vision or clause of thi, Mortgage or the Note conflicts with applicable law, wch conflict shsq not aRect other provisions of this Mortgage or the Nate which can be given effect without the conflicting provision. and to this end the provisiars of the Mortgage and the Note err declared to be severable. 1li~ lon+awer's Co'y. Borrower shall be furnished a conformed copy of the Note and of this Mortgsge at the bare of execution or after recordatan hereof. - - 17..7'nwster of the )Pto~erty; Aswwrptiow. If all or any part of the Property or an interest therein is sold or tratrsfetred - by Borrower without Lender's prior written consent, excluding (a)-the creatiar of a lien or areasnbrance subordinate to this Mortgsge. (b) the crestit+n of a l+urchace mcxrey security interest for household appliances, (e) a transfer by devise, descent or by opention-of law upon the death of a joint tenant or (d) the gent of any leasehold intcreat of three yeah or-less not containing art option to purchtlse, Lender may. at Lender s option, declare all the sums xcur+ed by the Mortgsge to be immediately due and payable. Lender shalt have waived such option to atxrkrate if. pritx to rite sale or transfer. Lender and the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person is satisfsctory to Lender and that the intcn~ct payable on the sums secured by this Mortgage shall be at such rate >rc Lender shall request, if Leader has waived the opion to aocckrate provided in this paragraph 17, and if Borrower's stx~asor in interest has executed a written sssumption agretmerrt accepted in writirra by Leader. Lender shall release Borrower from all oW jgations under this Mortgage ud the Note. - - !f Lendttr exercises such option to actxkrate, Lender shall mail Borrower notice of atxtkratiorr in accordarrcti with ptuajraph i4 hereof. Such notice shall provide a period of not less than 30 days from the crate the notice is mailed within which BOrrovver may pay the stuns declared dtx. If Borrower fails to pay such sums prior to the expiration of such period,- Lender may. without further trotice or demand on Borrower. invoke any- remedies permitted by parasraph 18 htrcof. Note-Uttrtaoreuc Covt=.N+rtrrs. Borrower and Leader furthn txwensni and a=rcs a3 folbws: 1Jw. AereiawtiaK Aareiia. E>ittp! w p+orWtd Iw pwrrrpwpir 17 iesio/, wPatt lettra+rda Mewelr, o[ troy cretratrt ~ . et lerrarwer i• his Mertgwgt. iweiwi6tE Ire ewewarels b pwy whew flare awl' stwws ssewei b)r fits Moetgage. Gewtkr - i~ N aeeeiesaNas sirs wrest! avarice to loRwwet eta *roviiN w pwragra'Ir is fleeter[ srecifyitKs E1) Ile rtntaek (?t tic stxMw f epwiieeta b etsnt: owes rtrareTq (3) w dde. woe !leave tiYww 3• days Gores ere ttlate ere wetke i< wWeti a Daers~wer. b wt?ki twxi f ltet:wei retract ik eete~ aw,i (fj Iiat f!rriiwre b sire ttteci It+t+taelr ate w ~wre. toe ~ s*telitd b tlst wetke ttawy etaalt iw xceiaslMw of the :tt.s aeewesti y iris McASolla• (weetiieitrt: b M~ N ttwi tale el tic >lee?~erty. 'ilre tetttta . trial! tlut5er iwtetr¦r iKrawetr ei ~e triRY b eeiwtlalte ttfhr waeleraliow awl ere right b revert is Ire heseMttwee dre wowtxiaiewc~e si • ttitfwM or try etller aefewst of 1lorrawer to accekrtrltew rrwi tartciowea R 8re rtreatr is test cwetti aw e; IYdere tt~t tfite areelietl i• ere tstttke. lewder >p i.ewier'a ortbH w>:P dseiltee tri M tlt+t tttet¦s aaenrai ry tAle Meef;,sRt b Tee Ittswseil~tely let aeii IMy~ willow! fewtlrer dewranA ravel way tseeeMltt di MstigtBt il' ~ NwR• lewder drtrw 11t ewllrtr! M e~tet iw saver. Mme[ tr11 e:pettaes of forccloswre. ineiw~wg. r« trial ¦wtitstf My reaNwllMe vdwtrsy's lees. tri lasts at srltiesee. arstracte ttwtl Wk t+epoela. 1!. larrawa'i 1Rfglrt M ZteiwstaRe. Notwittrstanding Lender's aotxleratan of the sums secwed by this Mortgage, Borrower slap have the right io have any proceedings horn by Lender to enfartx thle Mortgage discontinued at any time