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HomeMy WebLinkAbout1119 ~ - 1 - M - 1 i ~ _ ' • ` • ~ ~ ~ .Lender's written agreement a applicable law. Borrowu shall pay the amount of sn tnarigtrge iawranca prattiutpa ip the . manner provided under paragraph 2 het+eof. Any amounts disbrersed by Lender pursuant to this paragraph 7, with interest thereotr, shall bc.~onre additional- indebtedness of Borrower secured by this Mortgage. Unks~, 8orroWS[ ~ Lender agree to other terms of payment. such amounts shall be payable upon notice from I.ecrder to Borrower requesting payment thereof. and shall bear interest ft~tq the date of disbursareeret u the rate payable from time to tune on out:tuedmg principal under the Note unless paS?treeat of interest at such rate would 6e contrary to applicable law, in which event such amounts small bear interest at the heghdt raft permissible under applicable law. Nothing contained in this paragraph 7 Shan enquire bender to incur any expessts of tales any action hereunder. - i. Itrtpcelit+o. Lender may make or cause to bt made reasonable entries upon geed inspections of the Property. ptcrrided that Lender Shan give Borrower notice prior to any such inspection specifying reasonable cause thtretor related b I.brder's interest in the Property. 9 Cam, 'The proceeds of any award or claim for damages, dir+ett a consequential, in connectiop with spy cnrederrenstion or other taking of the Property, a pan thereof, or for conveyance in lieu of condemnatioa, are herdry assigned and share 6e paid to Lender. In Ihs event of a total taking of the Property, the proceeds chap be applied to the sums secured by this Mortgage.. with the excess, if any, paid to Borrower, In the event M a partial taking of the Property; enkss• Borrower and I~atder otleerwi;~ scree in riritinlt. there shall be applied to the wms secured- by this Mortgage such proportion of the proceeds as is equal to that proportion v?hich the amount of the same sccrered by this Mortgage 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 ptooads paid to Borrower. - If the Property is abandoned by Bor.~ovctir. or if. after notice by Lender to Borrower that the oondemtar ofkrs to ttaaite an award or settle a claim for damages,-BcKrower fails to respond to Lender within 30 days after the date such tiotiae is mailed, Leteder is authorized to cdkct and apply the proceeds, at Lender's option. either to Eestoratiar of repair of Mrs - Property or to the surly secured by this Mortgage. ldnkss [.ruder and Borrower otherwise agree in writing any such application of proceeds to prin~pal Shan not exfatd or post!,one the due date of flee monthly installments referred to in paragraphs 1 and 2 hereof or change the aanoupt of such irestallmtats. _ lt. Isornwtt Not Rdgrei. Extension of the time for payment or modification of amortization of the sums stecut+ed by this Mortgsae granted by Lender to any crrcoessor in interest of Borrower Shan not operate to rakase, in spy planner, the liability of the original Borrower and &.rrower s successors in interest. Lender shall not be requin~d to eotnmenoe - prooeedings agairat such serocessor or refuse to extend time for payment or otherwise modify amortization of the acmes secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. i1. Feriearawte rT Levier Not a Nraiver. Any forbearance by Lender in exercising any right ar remedy heranrder, or . otherwise-afforded by applicable laver. shall not be a waiver of or prechde the exercise of any such right or remedy. The p~toctrrement of insurance or the payment of taxes or other liens or charges by Leader Shan not be a waiver of Leader's right to accelerate the maturity of the inckbtedness sctiurtd by this Mortgabe. 1i 11~'rwciks Cerwteartlve. All. rerrredies provided in this Mortgage are distinct and cumulative b any other right or remedy under this Mortgage or a(ford~-d by law or equity, and may be exercaed coucwrently, independently or sucvarively. 13. Sweeesats awl Assfgws ioeaw~ .Tell aai Sere*al iLbilMy; CaNisrrs. The oovenaatt and agreeaterets herein contained span bind, and the rights hereunder shall incrr~ to, the-respective scrocassors and assigns of Lender gad Borrower, - subject to the provisions of paragraph 1? hereof. AI! covenants. and agreements of Borrower shall be joie and several. '[tee captions' and headings of the paragraphs of this Mortgage are -for convenience only -and are rat to Ile wed to interpret or define the provisions hereof. 14. Notice. Except for any ratite required under applicable law to 6e given in anotL.rr manner. (a) any notice b Borrower pttovidod for in this Mortgage steal! be. given by mailing such ratite by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to i.ereder ss provided herein, and (b) any notice to Lander :hare he given by certified mail. return rooeipt requested. to [.enders address stated heron or to surf other address u Lender may designate by notice to Borrocv~er as provided herein. Any notice prorided for in this Mortgage span bt deemed to have been given to Borrower or Lender when given k the rreanteer designated herein: - lS. Urritorm Mort~e: Goverwireg Law: Severa6iiiy. This form of nartgage combines uniform eoytnants for national - eras and non-uniform covenants with limited variations by jurisdiction to corestitene a uniform security irtstrurnent c~ortrirrg - reat property. This Mortgage shall bt governed by-the law of the jurisdiction in which the Property is located. Ia the event that any prm?ision or cause of this Mortgage or the Note eonflists with applicable law. sr:ch conflict span not affect other provisions of this Mortgage or the Note which can be given effect without the oonAicting provision. and to this end the provisiaes of the Mortgage and -the Note are declared to be severable. _ _ lf. ¦oeerswp~s Copy. Borrower shall be furnished a conformed copy of the Note and. of this Mortgage at the rime of execution or after recordation hereof. - - i7..'i~aeater a+f fire Tropesty: Aswwpdow. if all or any part of the Property or an interest therein is sold or transferred , by iorrower without Lender's prior written consent. excluding the creatiam of a lien or encttrrrbtarrce subordinate to this Mortgage. (b) the creation of a purchase 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 grant of any leasehold interest of three yeas or less not containing an option to purchase, Lender may, at Lender s option, declare all the sums secured by the Mortgage to be _ immediately due and payable. Lendec shall have waived such option to accelerate if. prior to the sale or transfer. Lender _ and the penorr to whom the Propeny is to be call or transferred reach agreement in writing that the credit of wch person is satisfactory to Lender and that the interest pay:bk on the sums secured by this Mortgage steal! be at such rate as Lender share request. if :.ender has waived the option to accelerate provided in this paragraph I?, geed if Borrower i successor in - inttrat bas executed a written. assumption agreement aeoepted in writing by Lender. Lender shall r+ekase Borrower from all obijgations under this Mortgage arc! the Nee. - if Lender exercises such option to sccelerate, Lender shall mail Barower nt>tice of acceleration in accordanc-c with - ptragraph 14 hereof. -Such notice shall provide a period of oat less than 38 days trap the dart the reatioe is mailed within - whide borrower may pay the seyms declared due. if 8orroixr faits to pay such sums prior to the expiration of such period. - Lender treat', without further poticC or demand on Borrower. invoke any rtnredies permitted by paragraph tt! hCroaf. Nosy [)wttAoatt CavtKSrrrs. Borrower acd Lsnder further covenant and scree r fonows: . Ii. Aa+ealmtit~ Remeiks. Stcept s ptoviiei L psr>tgrspM 17 tenet. ~ •ortesese's be~eatr of teary eavepsrrl er agree~eewt ef)zereewer b der Merasagq iatreiheg ere eevewstMS b My wren ire tewy tortes sceweei r7' tri Msetgsge. Fier - . prlt+r M scalerattos sri rrwil wefke N ~otrawct a ~MN b Nragtapr i4 ie*to[ spesKyie~ (1) tee 6eeetr: f=) trt wdMw segrritea M rtw~! swot ieegcld ~ a i!r'. wet less trace 3B lays frorw ere isle Ire wades r na9ei M Iterr+swer. b whit! avert rsewci wt k ew+ei• ssi N) tint faileane N erne veer rreser ~ or rds+re flee ~ sTreclflai V tic wetite aaY tsarit in atrdaaliew st tie swtwe seetttei iq Mrr Mortgage. tascloewre M l~W ILL ant sale a>i tee fhe~eetf. 'Tire varlet sietM t'ptlrer rsfatrwe ierse~w~er W Ire tiRiM a eeistik after aeeeieewdorr aai Ire rlgM M area let Ae fotteltttree ptotesig tie wtwsxMewoe of a iefatrit K goy Meer tetebc s+t Serrewer a aceNetslisw ant farscloserec. IP Mee ircaer r trtt ewtti ate er rcfae Ae ire slecYei iw dre •oNetc. Lew4s u Leaies"s o'tim iselare ar at trs specs seewrei b Mfr Matgt)pe fi k i¦gwoiftlehr iec aei ~sble wlliewt tuttrer dtsrasA are! rosy isteeloa Ar Meelgtge iq jrriltW lr+eeeirt. Lender sit k satMti N Meet i veer p»dLg sr espeases M (orecloswee, lseidireg. b¦t not >l¦rilti M. seestwsiie sttur+ret~ fees. sari teals s# 7 eriiewte, aisitrsc~b awl tide rt'tefs. - 1!. •eetwwesi Rkit M R~dretsfa - Notwithstandin(t Lenders aootkrstion •of the sums securtad br thn Martgsge. f3o~rrnrrtr sbsn have flee right to have-soy proeeedirags begun by Lender to enforce this Monpge discontinued u any time