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HomeMy WebLinkAbout1411 - r......,._.....~ - - - ~~~-t~' F~~~~~~ Leoder9 written agreement or appticabk law, Borrower shall pay the amoum of aU mortgage in:urana premiums in the manner provided under paragraph 2 hereof. Any amounb disbursed by Lander pursuant to this paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of paytnetrt, such amounts shall be payable upon notice from Lender to Borrower roquestiug payment thereof. and shat! bear interest froaci the date of di:bunennertt at the nro payabkj~~ ~ time on out:tattding principal under the Note unlace paytt0ent of interest at such r'aro would be contrary td aver is which event such amounts shag bear iaterea at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lettdec to incur say expetpe or take any action hereunder. Uta~eetioa. Lender may make or cause to be made reaaottabk entries upon and inspections of the Property, provided that iender shag give Borrower notice prior to any such inspection speci[ying rrasonabk cause therefor related to Lender's interest in the P[oparty. 9. Coodeaattadoat. The proceeds of arty award or claim for damages, direct or consequential. in connection with any condemnation or other taking of the Property, or part tbereot, c>r fc+r conveyance in lieu of cxxtdcrttttation, are hereby a~signod and shall be paid to Lender. In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgsge, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender otherwise ague in writing, there shall be applied to the sums secut+ed by this Mortgage such proportion of the proceeds s: is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bans to the fsir market value of the Property immediately prior to the daro of taking. with the balance of the pt+ooeeds paid to Borrower, If the Property is abandoned by Borrower. or if, after notice by Leader to Borrower that the condamaor often to make an award or settle a claim far damages, Borrower fails to rapond to Lender within 30 days after the date such notice is mailed. Lenckr is authorized to collect and apply the proceeds. at Lender's option. either to restoration 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 principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the atnottnt of such installmwts. lfl. Sorrotver Not Rekaeed. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not opeate to rekaae. in any. manner. the liability of the tMridiiil BorroMer cad Borrower's successors in interest. Lender shall not be rrquired to corrunence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers stteceaaora in internat. 11. Forbearance b Leakr Not a Wdver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or proclude the exercae of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lander shall not be a waiver of Leader's right to accelerate the maturity of the indebtedness secured by this Mortgage. ]2. Resttedks ~radatlve. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrrntfy. independently or suooasively. 13. Saccpaors and Asafgrts )sosatit John asi Saved UsM>iq, Capions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the rapective auocessors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower s1?all be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. - 14. Notlce. Except for any notice r+oquired under applicable law to be given in another manner, (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 Property Addrrss or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided barrio. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 1S. Uolfono Mortgage; Governing Law; Severabaitr. This form of mortgage combines uniform rnvenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering neat property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the - event that any provision or clause of this Mortgage or the Note conflicts with applicable law. such conflict shag rem 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 arc declared to be severable. if. Itorrs?wa~'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. 'l~aader of tie Tropertr; Aawmptios. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the oration of a lien or encumbrance subordinate to this Mortgage. (b) the erration of a purchase money security interat for household appliances, (c) a transfer by wise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yearn or less not containing an option to purchas. Lender may, at Lender's option, declare all the soma secured by this Mortgage to be immaiiatety due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such persat ;s satisfactory to Lender and that the interest paysbk on the sums secured by this Mortgage shsll be at such taro u Lender shall request. 1f Leader has waived the option to accelerate provided in this paragraph 17, and if Bortowtr's successor in interest has executed a wrinen assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph l4 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the stems declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Nort-UAItFORM COVENANTS. Borrower sod Lender further covenant and agree as follows: lg. Arcdaaliosg Reseiies. Euept s. pruviiM a ~ragrapi 17 hereof, oitoo )iorrowea's iresei of atiy avawt K agreement of lserra~wer m tits Met~age, t tie eorenattla to wieo ice cry stares aecorai i7' tits Mortgage, ieaier prior to seederNioo siail mail rafiee /e lorrower as died a Meagcapi 141tereoE speelfTtogt (1) tie iseaerri tie attiera reyaiirei b eon soci toae~ a dalq cat less gran 30 days faoas tie late tie notice i attaYei a >fonwrar, iy wttki stxi br~eaei suet ie canal; sod (4) dot f!aiflor~e to core sstei irreaci o0 or ikfore tie isle apeeiiai tat tie rsotiee mq await i• aecekratloo of tie seas scanned br this Mortgage, terecioeore b jiodkW ~oceeiig aoi sale a# tie )Mopertf. 1tie notice siafl tort>rer iotoras ltorto~wer of the rtgit bsa reLalNe after aeeeleratioa sari tie tigit b tssert d the toteeisasnrt pa~aeeeilog tie noo-t~ds/atee d a iefpoit or nor otter iefeose of Donvwer •e aeederaNoa anti torecloaoat. >S the isrtraei i oat ettr~ei as a before tie da4 spea~liei `tie odke, I.eoier at Leoiea'e epfbo sq ieeYre d at the versa aeeorei ti tYa Ma~ap ~ ie 6oseiialelr ice aoi ~aYe witioot fhratier ietoaoi anti say fareelae Ws Maigage b ~ N~~F I.ertistr altar be e,Wei /o eeieet io wd ~nooeeiag ai espares of toaeelosoart, iaeltaiirtg, lot riot fiaokei to, reaae¦oYs altesoe~ f6eaa, and crab o[ ioeooaestbtrr evfieocs, aiefracb cool Htle se~eria. 1!. lonewer*~ Rigtrt to Reinstate. NotwitMtanding Lender's accxkration of the sums secured by this Mortgage. Borrower shall have tha right to have any proceedings begun by Lender to enforce this Mortgage disooatinued st any time BUOK J~G?5 P~6E~.~