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HomeMy WebLinkAbout1125 • ~ ~i - - ; ' ltadei s. written agr~ecment or applicable law. Borrower ahall pay the amount of s!1 motigase ptwraaoe ptemiwut is the manna provided under paragraph Z het+eof. ~ - Any amounts disbursed by Lender pursuant to tiri4 ptiragrspK 7. wµh ~''QQtt rest thcr~eo~n, shall biome additional indebtedness of Borrowt:r secured by this Marfgage. Unless Borrower hod LarJw~agroe to other teraa of payment, such amounts shall be payable upon notice from mender to Borrower requeuing psyrnent thereof, and shall bear interest fran tits date o[ disbrrrsetnent. at the rate p:yaMe from time to tune on outstanding principal under the Noce unless payttteat oI interest at such rate would be cantrart? to applicable law. in which event such amounts shall bear interest at the highest tale permasibk utrd~er applicable law, Ndhing contained in this paragraph T shag ttquire Lender to inctrt any expense a rate any action hereunder. - t. isspeedss. ierrder may make or cause to bt made rcasorrabk entries upon and inspections of iht: it roperty. provided that Lender shall give Borrower notice pricer to any such inspectan specifying reasonable cause therefor related b Larder's interest in the Property. t f. CesierwraMow. The proceeds of any award or claim for damages, direct a oortsequential, in oorurectiotr with any _ condemnation or other taking of the Property, or part tfiereot, a for conveyance in lieu of oondemnatioa,-are hereby aaigrted ~ and shall be paid to Lender. in the event of a total taking of the Property. the proceeds chap be applied to the starts secured by this Moctgagr:. anth the excess, if arty, paid to Borrower, in the evrnt of a partial taking of the Property. unless Borrower and Letsder otherwise agrees in writing. there shall be applied to. the sums secured by this Mortgage such proportan of rite proceeds ss ise~ real to that proportion which -the amount of the sumc secreted by this Mortgage immediately prior to the dale of taking'bears to the fair market value o! the Property immxdiately prior to the date of taking, with the balance of the proceeds. paid to Borrower. ~ if the Property is abandoned by Bor:owcr. or if. si'ter nonce by Lender to Borrower that the oondemtror offers b mate an award or settle a claim for damages_ Borrower fails to resaond to Lenrkr within 30 days aher'the date such notice is . mailed, Lender is authorized to collect and apply the proceeds, at Lenders option. either b cestotatan or repair of`- tie Properly of to the sums secured by this Mixtgsge. _ _ Unless Lender ><nd Borrower otberwise agree in writing, any such appligtion of proceeds to principal shsQ rat extetrd or postpone the due date of tht monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of .such installments. - - lA. liorr~ower NM Relasei. Extension of the time far payment or modification of amortization of the sums sectttied by this Mortgage granted by Linder b any successor in interest of Borrower shall not operate to release: in any_ manner. the liability of the .original Borrower -and Borrower s successors in-interest. Lender shad -not be requintd to commence proceedings sgairrst such srrocessor or refuse to extend time for payment- a otherwise modi[y imartization of the arms secured by this Mortgage by reason of any demand made by the original Borrower and Bormwcrs successors in interest. 1l. For6earawce b I.ewser Nat a Wai•er. Any forbearance by Lender in exercising any right or remedy herarsder, or otherwise afforded by applicable taw, shall not be a waiver of or prechrde the exercise of any such right or tentedy. The procurement of insurance or the payment of taxes. or other liens or charges by Lender shag rat be a waiver of Lenders right to accelerate the maturity of the indebtedness secured 6y this Mortgage. _ 12. Res!tdies Cwmw4il•e. Atl remedies provided in this Mortgage arc d'rstirret and cumulative b any oth:s right or ; rerrredy ender this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or suooessively. - I3, 3sccessas awl AsslRws Boaws; Joint ass Se•eral i.iia6ilNy; CapeMws. The covenants -wad agreemarts herein contained shall bind, and the rights hrrcunder shall inurg to. tbe.rapective strooegon and assigns of Lender and Borrower. ~ wbjed to the provisions of paragraph f 7 .hereof. All covenants and agreements of Borrower shall be jolty and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and one rat to ik used to interpret or de5rre the provisions hereof. F 14. Notice. Except for any notice required under applkabk law to be gircn in another manner. (a) any notice b Borrower provided for in this Mortgage-shall be given by mailing such notice by certifled mail addressed to Borrower at the Property Address or "at such other address as Borrower may designate by notice to i.errder as provided herein, and (b) any notice to Lender shall be given by certified mail. ;return receipt requested. b Lenders address_ stated herein or to - - such other address as Lender may designate by notice b Borrower as provided herein. Any notice provided for in this - Mortgage shall be deemed b have been given to Borrower or Lender when given in the mararer desipratal herein. lS. Uwiform Mortgage: 4oersiwg law: Se•ers6flity. This fornn of mortgage combines uniform: covenants for rational use and non-uniform covenants with limited variations by jurisdictior_ to conttittrte a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction ire which the: Property- is located. In the event that any provision or cl:use of lhic Mortgage or the Note conflicts with applicable law. such conflict shall not afket other provisions of this Mortgage or the Note which can be given effect without the ar°.9icting provision. and to this - e -end the provisions of tiro Mortgage and the Notc arc declared to be severable. ~ if. lioerowet's Copy. Borrower shall be furnished a conformed coP1• of the Note and of this Mortgags at the time ~ of execution ar after recordation hereof. 17..1~asafer of tie hopedy: Asswrw'tiow. if all or any part of the Property or an interest therein is sold or transferred - by Borrower without Lenders prior written consent. excluding (al the creatial of a lirn or eneumbrarrce subordinate to this Mortgage. (b) the creation of a purchaa mcxrey security interest for lrorpdrold appliances. (c) a transfer by'devise, desoerr! or by operat;om of law upon the death of a joint tenant or (dl the grant of any tasehold interest of three years or leg j Trot containing an option to purchase, Lenrkr may, at Lender's option. dcelarc all the scans secured by this Mortgage to be j immediately due and payable. Lender shall here waived such option to accelerate if. prior b the sale or transfer, Lender ~ = and the person b whom the Property is t~~ !x• so1J or transferred reach agreematt in writing that the credit of such person is satisfactory to Lender and that the inten~st payable on the sums secured by this Mortgage shalt be at such rate s_c Lender shall request. if Lender has waived the opion to accelerate provided in this paragraph f7, wad if Borrower's snoeessor iii - :interest bas executed a written assumption agreemart accepted in writing by Lender. Lender shat! ndease Borrower from all o6ijgations under this Mortgage and the Nae. } If Linder exercises such option to accelerate. Lender shall mail Borrower notice of acceierairon in accardsecc with paaBraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice es madod within which Borrower may pay the sums dilated duo. if Borrower fails to pay ruck cam: prior b the expiration of cuclr perioa: # Lender may. without further rr,~:ae or demand on Borrower. invoke any remedies permitted by paragraph I It her+a~f. Norr Ut+n~otert CoveKawts. Borrower and Lender further covenant end agree sa follows: - IS. Aecderatlos~ Rcartiks. Igus*t ss provfsed L ! 17 iereaft. rt*srr Bsnetrt~a istwei of asq? ca•erarrt er agree¦rewt of >trnwer r fir Martgs~ f-.eltralwg lie ce•ewards t• pn, view ewe aces swass aeewres b lids !Y[alga~e. tiewser ~ ptler N acede*,ttes ~ wail seller to)sorrwwer as pro•Mcd rr Mragra*i 14 ierss[ ~~s q) tart isearr: Cl! tic ae1Ma _ tneti.raa M etre sire! <rrese~ !3) .sale, wet less ttrsw 3t says tiers net late°se ..wet r .rtlk+ M 11.rr+nner. b wild yes ttr+aei watt Ill errrt* ri to list [sffirne a ewre sled ireeei err K idore the ~ s~eelfiss is tic sauce easy resell r aoedewtlerr d tie cam. aee.res ty aces: Morl~age. raadssar~e ty jadtdai preereslrrg ass sale or ore Tr+aperty. 'tuts saNee sir llsrlitr lafsss iiernwtr at nee rtRit a reirrd.te after ~ecaltransw ass tie riart to at.ert iw tie forrselewre prwcsrritg lie sas~etrilesa et a setaait a aq diet selewsr of Borrtwre to accekrrrtlsrr asd fertclowrrs. tie irsari M cast ewrei caw 6r Iyetors qre sate pselies b woe tt~atlct. Lesser st i.ewsers epass wuty~ seclsre r at tie sswu seewrai ty !Ws Martget a tie isarrreiisMp sa,rsi raraile whiorrl fwAier stwrand awe .ay toreelae fir 1Nsrtgste y jwiieW prrrceests~. Lender doll fie rrattdts N ceieet V wci Pecte+l.g r es~ses M forecloswrt, iscirsiag. bwt sat rtsllts Mr reasswaYe snwnev's tea. j ass coals sf[ ieesrtsarhry e.isaree, ai.tracts w title reNrb. i!. ierrevres's titian M RRistaata Notwithstanding Lender's aceekration of the sums secured by tins Mortgage. f Borrower shall have the right to have any procccdrngs begun hY Lender to enforce this Mortgage discontinued u any time ~ f - - - 3 g~324 P,~~24 f