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HomeMy WebLinkAbout2848 „ _ s - - - a a., _ ~ - ~ , . y , • Lenders written agreement or applicable law. Borrower shall pay the a a I ~ nce premiums in the manner provided under paragraph 2 hereol. - - Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional ; indebtedness of Borrower secured by this Mortgage. Unless Bonbwer and Lender agree to other tem?s of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date d disbursement at the rate payable from time to time on outstandi . gtj~cipal ynder the Note unless payment of interest at such rate would be contrary to applicable law, in which event SuC~ amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall requite Lender to incur any 3xpense or take . ' any action hereunder. - i3. IrtspecZlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property. - provided that lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to ` Lenders interest in the Property. - B. CgtdennnaMon. The proceeds of anyaward orclaim for damages.direct or consequential. in connection with any condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, hereby assigned and shag be paid to lender.. - - ~ - ' - In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by thi9 Mortgage. I .with the.e~ocess, if any paid to Borrower..ln the event of a partial taking of the_I?r unless Bdrrefve~~and Lender athervrise agaea to writing, there shat! be apptisd to +.he scan QY ~!(s_M~ ~i~h won of the proceeds ; aE is equal to that proportion which the amount of the sums seCV Dy m1s Mor~9a imrt~f~t~hr prior to the date of z taking bears b the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds < ~~~IFt~~erty is abandoned by Borrower,'or if,~ft~er notice by Lender b Borrower that the condemnor otters to make I an award or serile a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is ! mailed. Lender ie authorized to collect and apply the proceeds, at Lerxfec's ofaion, either to restgratiQp or repair of the Property or to the sums secured by this Mortgage. - - . ; Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to princi;,al shall not extend or postponethe-due date of the mortlhty~installments referred b in paragraphs 1,and 2 hereof or cha[~ge the amount of such installments. _ ~ . 1 O. Borrower Not Released. Extension of the time for payment or modification of amortization of th@ sums 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 Borrowers successors_in interest. Lender shat) not 1]e required to commence s-.~y t o r i y(~n} QI rinse modify amortization of the sums ~~tt~is~N~14~~s rui~ ~~~~~i~nd~116~~+irt'dF~nd Borrowers successors in interest. - 11. Forbearance by Lender Not a Wafwr. Any forbearance by Lerxfer in exercising any right or remedy hereunder. - or otherwise aftprde~i by, applicable Jaw, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or.the payment of taxes of other liens o_ r charges by lender shat! not be a waiver of Lenders right to accelerate the maturity of tree indebtedness secured by this Mortgage. , t2. Rem~dlesCumulative. All remedies provided in this Mortgage are distinct a~CUmoljative to anyother right or - reriedy urxierthis Mortgage or afforded bylaw or equity, and may be exercised concurrently. independentlyor successively. 13. 8ucwstors and /Isslgns Bound; Joint and Several Llabllihl; Captions. The covenants and agreements herein .contained shall bind. and the rights hereunder shall inure to, the respective successors arxf assigns Lerxlef and Borrower, subject to the provisions of paragraph 17 hereol. All covenants and agreements of Borrower shalt be joint and several. The captions and headings of the paragraphs of this Mortgage are for covenience only and are not to be used to interpret or define the provisions hereof. - 14. .Notice. Except for any noiicQ required under applicable law to be given in anothermanner,-(a). any notice to - Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Pruperty Address or at.such other address as Borrower m~gr~p~e pytrryti~E~enderas provided herein, and (I~ any. notice b 4endet shalt be.given by certified mail, retum-recetipl requegted, to Lenders address stated herein or to i such other address as,lender.may designate by notice to Borrbwer as provided herein. _Ary notice ptovitied for in this Mortgage shall be deemed to have been given to Borrower or Lender when,g~iv~en in the neanner designated herein. 15. Uniform Mortgage~tiowrnlrp Law; 8ewabllity. !~1N~drnldfrrtt~trLbmbines uniiomn covenants for netiop~l.~s~ snt{pon-unifQrrt(c~otr~iahts with limited variations by jtuiSSfiction to cpnstitute a uniform security instrument n I laws a licable to th' Mort a e shall tie the taws of the jurisdiction in which c eri real .The state a d loco pp 1s 9 9 oPertY n9 ~ t ~e Property is Iecated The foregoing sentence sha!1 not limit the applicability of federal !aw to this mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law. sc:ch conflict shalt not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end.the provisions of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. - 17. Tnlnshr of the Property; Assumption. If al I or any part of the ProFerty or an interest therein is sold or transtered ~ - by Borrower without Lgnder5 prior written consent, excluding (a) the creation of a lien a encumbrance subordinate to this Mortgage. (b) the creation of a purchase money s~acurity interest for household appliances. a transfer by devise, descent or ~yoperation of taw upon the death ota joint tenant or (d) the grantof any leasehold interest of three years or less not containing an option to purchase. Lender may, at Lenders option. deckre all itw~y~ms secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelarall~a'~Z6tTie ~fe rSrUat^is7er,"Lender and the person b whom the Property is to be sold or transferred reach agreement in writing that thecredit of such person - issatisfactory to Lender and that thy; interest payable on the sums secured by this Mortgage shall be ai such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17. and ff Borrowers successor in - interest has e~oecuted a written assumption agreement accepted in writing by Lender. Lender sheltrelease Borrowerfromall - obligatiorss under this Mgrtgage and the; (Votg. - . _ ~ - If Lender exercise's~such option to accelerate. Lender shau mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shalt provide a period of not less that 30 days from the date the notice is mailed within which Borrower may pay the sums declared due: It Borrower fails b pay such sums prior to the expiration of such period, Lerxfer may, without further notice or demand on Borrower. invoke any. remedies permitted by paragraph 18 hereof. , NON-UNIFORM-CAVENANTS. Borrower sled Lende% further covenant and agree as follows: 18. Mxeleratiorr Remedies. Except as provided fn perpraph 1 T hereof, upon Borrower's breach of any covenant orapnemetttot Bon~o+trer In this N{satpa~, Includlrq fie Cownanbto paywh~ndw any sums secured by this Mbrtpape; L.enddr pi!lor to ar~lentlort II iirsll notice to Borrower a! provided In paragraph 14 hereof specirying: (t }the breech; (2) the action required to cure such beach; (3) a dste, not fees than SO dsys from the deb ttre notto~ b mailed to fn3oriower,:bywhlch such breach must be cued; and (4) thathllunto can such beach - on or before tM dab specified ln,thb notice ncay_nsult to accNeratton of the sums secured by fhb Mor~apa, - fonclasura byjudlclel proceeding and seta ottt~ePropettr.The notice shall furtherinf'orrn BotroMreroithe riphtlxt ielnstate after scalerettan and the right to assertirtthe for!eclowre prOcNdinp fiance-exlstince of a default or . any other defense of Borrower to sr;celeratlon and toreclostrn. If the breach is not Cued on or betor~s the dab speeified.ln the nottci, Lender at Leetderfs option matt deelan all of tta -sums secured by this Mortgsge to b~ Immeaiacety due end peyabN witltout turtMr demand and mad foreclose fhb Mortssgo icy judicial proceeding. Lender shall be entitled to collect In such pt~OCNding all expenses of tOnelowra. Indudtnq, but not Ilmibd to, reasonable attorneys has, and coats of documenbry evidence. abetracb and titN sports. - t B. Borrower's RIgM to Relnstab. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, ' Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time c~c324 ~~t~z 844 ~ r