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HomeMy WebLinkAbout2163 • - _ _ 1_ Lender`s written agreement or applicable Itw. Botro~w~er ihaU paX the amount aI ap trartgaga iasutance ptsxrriums in the meaner provided under paratnph 2 hereof, Any amounts disbursed by Lendat pursuant to this paragraph 7, with interest thereon, shall ba:otne additional indebtedness of Borrower scented by this Mottgsaa. ~ Unless Borrower and Lender agree to outer farms of paytrreat, such amounts sh:tl be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear iniarsat frost the date of disbursanreat. u the rate payable tram lima to tune on outstarrring principal under the Note unless pajenaat d interest at such rate would be contrary to applicable law, in which event such amounts shag bear interest u the hitheet rate _ pami:sibk under applicable law. Nothing contained in this paragraph 7 shall require Larder to iacsa arq? axpssge or fate any action haratadet. >R Isi4eelists. iender,may make err cafes to be made reasorrabk entries upon and inspections of the Propetty, provided that Lender shall giro Borrower notice prior to any such inspection specifying rr::onabk cause therefor related to I aadp'a interest in the Property. Cawiewrrallew, The proceeds of any award a claim for damages, direct or eonsequeatial, in eoanetxion with goy cotrdemrurtion or other taking of the Property, or part thereof, err fo: conveyance in lieu of carrdeannation, are iteseby assigned and shall be paid to Lander. In the event of a tw,d Taking of the Property. the p~C~sl~ ba applied to the sums secured by this Mortpge, with the excess. if any, paid to Borrower. Tn the event d a partial taking of titre. Property, unless Borrower and Lender otherwise agree in writing, there shall ba applied to the sums secured by this Mortgage such proportion of the ptooeede - as is equal to that proportion wfiich the amount of the sums secured by this Mo. image imnrediatdy prior to the date d . taking bears to the fair market value d the Property immediately prior to the dale of taking, with the balance of the gooeeds paid to Borrowrer. if the Property is abandoned by-Boxsower, or if. after notice by Lender to Borrower that the oatdemtior of6era to tttake an award or sank a claim for damages. &?rrower fails to respond to Lender within ~0 days aftar'the data such notice is . mailed. Lender is auttrorized to collect and apply- the proa~eds, at Lender's option, either to nsl~aration or repair d tre Property or-to the sums secured by this MartRage. U;:tess Lender and Borrower otherwise agree in writinfi, any such application of procbods to principal shag not exlesd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or rdrarrge the amount d such instahrrrents. lt; tlterrower Not Rdeaaed. Extension of the time for payment or ntodilication d arrrortizatioe o[ the sums waned by this Mortgage granted by Lendtr to any strceessor in interest of Borrower shall not operate to release, in guy manner. the liability d the original Borrower -and Borrower's successors in interest. Lender shall tat be nquir~ed to commnroe proooedings sgairrst such auccessoi or reflrse to extend time for payment or otherwise modify enrortirition of the sums. .secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 1l. Fosreararsee ly Leaser Not s Waiver Any fortKarantx by Lender in exercising any right or rsrned~hereurrder. or other~se afforded by applicable law, shall not be a waiver of or prechrde the exercise of any such right or rantedy. The procurement of irrstrranca orthe payment of taxes or other liens or charges by Lender shall not be a waiver of Larder's tight to accelerate the maturity of the indeMedness secured by this Mortgage. _ 12- ~a Al! remedies provided in this Mortgage errs distinct and cumulative to any othtr right or ranedy under this Mortgage or afforded hY law or equity. and may be exercised ooactrrrently, indepandartly or strcoes:ivdy. ' 13. 3oecessws aai Asiprs >sonrrd+ .Joint acrd Several i.iabilihr, CaNisas. 'tire -covenants and agraeargits herein contained shall bind, and the rights hercuntkr shall inurg to, the respective suooasors and assigns of Lender and Borru~w+er. subject to the- provisions of paragraph i7 hereof. All covenants and agreemet?ts of Borrower shall be jolty and several. The captions' and headings d the. paragraphs of this Mortgage arc for convenietrce only and an not to lk used to interpret err define fire provisions hereof. II. Nstiee. Except for any notice required under applicable law _ to be given in another marrrKr. !a) any notice to Borrower provided for in this Mortgage shat) be given by mailing such notice by certifkd mail addressed to Borrower at the Property Address or at such ether address as Borrower may designate by notice to Tinder as provided herein.:rrd (b) any notice to Lender :hall be given by certified mail, return receipt requested. to Lender's address Weed trerein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in-this Mortgage stall be deemed to have been given to Borrower or Lender when giver in the manner desiprataT htreia. lS. UNtosw Mort~e: t„overrrieg Law; SeverarWty. This form of mortgage combing uniform covenants for national - use and non-uniform rnvenants wi:ir limited variations by jurisdiction to car:<inrte a uniform security irtstrurnerrt coveting real property. This Mortgage shalt be governed by the law of the jurisdiction in which tiir Property is located. Tn the .evens that any provision or clause d this Mortgage err the Note rnn~licts with appliabk law, such conflict shaA not affect _ other provisions d this Mortgage err tho Nate which can be given effect without the conflicting pr+ttvision, and to this end the provisions of the Mortgage and the Note arc declared to be sevetabk. lf. lonwrer's Coif Borrower shall be furnished a confornxd copy of the Note gad d this Mortgage at the time d execution or after recordation hereof. 17..Tnsster of t>te Pro*erfy: Aa~tiow. Tf all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. exctuding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security intergt for household appliances. 'e) a transfer M? devise. - descent or by operation of law upon the death of a pint tenant or (d) the grant d any kaehold interest of threw years 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. Lender shall have waived srtch optan to accelerate if. prior to the sale or transfer. Lender - and the person to whom tl-,e Property ;t to br Bald or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interrst payable on the sums secured by this Mortgage shall be at such rate as Lender shall requgt. Tf Larder has waived the option to aooekrate provided in this paragraph l7, arwl if 8otrrnrer i sereoessor in interest has e><ecutod a written assemptiorr agreerrtent accepted in writing by Lender, Lender shall release Borrower from all abltjstiorts under this Mortgage and the Note. . if Leader exercises such option- to aexekrate, Lender shall mail Borrower- notice of acceleration in at:cordancc with pana~aph t4 hereof. Sutdt notice shall provide a period of not less than 30 days from the date the notice is maiiod within which Borrawet may pay the sums declared due. Tf Borrower lash to pay such sums prior to the expiration- d wch period. ).order tray, without further notice of demand on Borrower, invoke any remedies permitted by pan,graph 111 hexed. NotwUtrttAortr~s ~arvexatwrs. Bormrrer an.1 Lender further covenant :ltd agree as lollogrs: tf. AcadwstYstt RearetMes. Tdscept as M+evldel ~ paragsapi !7 resent. t+pM / tierirei at s~ esverrartt err apeeaseat at l«s+rwer i. else Mostgage, ireltri~g ere tovewaals to TmY rrfe. tws sq tr.rs tteweel iTr errs Meetga~e. t{.efaier pri.tr t. aeeeiesaata afrati tsrafi aorke N Ison+f+wer as fro.Neei M parrRsa'r 14 Mescv[ speel[yi~s (t)art Maser: !Y! tae aeNtrr seq¦isei f+s~ ewe etrer iteack (3) a f!i/t, teat sat area 3t dap feet tre lW arc rrefiet k aseiel to 1lerssiwsr, r7' wlrkr steer t rreaer pert re estre$ gal (d) arat f?ailasa N ewe srer rswer ere err rdest the late vaealjai its are sillies w1r sestrlt r j - ssrdesalit..t ere w.. sserrrel b exit Mest;,age, b f+~w eels are .tart Psopery?. 'ilre ¦tties sreD ltr~er i.t«ti Bortrwer d ere right a relsishle after aeealeraaorr aitrd ere rtgfrt M avert i• are t~s+eeleewe pntctti.g fit ~ d a letardt er arq firer lefetrae of •srrraer M ae+eeiernaew aai teseeitttwe. !S ere rt~eser Is srtt street N - K iefis+e art dale spseifis+ i• ere stttiee. Lerner r I.essier's Wtlew seep ledare alit art strrsrs seewed b tfrts Moshe Isi re irsrsteifald)? tMe sari pryile witrotat tartrer derrrawd eats wh feseeitee this Marlga~s b ~ ftt• Leader s~ re et+lftlti M asset i. scree psresediag err arparses rr/ fareeloawe, i!eMfrrg. 8aR trot ~l Mr sarertiit s+ltwaev'tt tsp. i aai oeW d ittrwasahry edlatee, attWaets aswt.ade reprsls. ~ - 1!. ikesseway's Rlgrt M Rdasgrt~ Notwithstanding t.endet's acceleration of the sums served by thr: Martpge. Borm+ver steal! have the tight to have any proceedings begun try Linder to enforce this Mortgage discontinued at any time i X324 P~?.~,60 -