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HomeMy WebLinkAbout2554 .r- t I Lenders written agreement or applicable law. Borrower shall pay the amount of all rtio ~~~b'thsuran ms in tt?e manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shalt become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such _ amounts shall be payable upon notice from lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate pp~~IyA1?IpJ~n dine tatirrte ~•fphtata}[Ktigp pri~patl .under the Note unless payn+ent et - interest atsuchratewould becontrary toapplicable law, in which event such amounts shalt bear interest at the highest rate pemnissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. a Inspeatlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shat I give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders interest in the Property. tl. Cgedltepnlutbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemn~t(on or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, hereby assigned and shall be paid to Lender. IrS t~e~yept of a total taking of the Property, the proceeds sJ~ll bye, applied to the sums secured by this Mortgage. with~the etooeKS; if any paid to Borrower. In the event of a partfallaking of the •Properttr~unless Borrower and Lender othenwige agreli in writing, there shall be applied to the sumB;ISpur~d by the Mortgi~e.Bu~h proportion of the proceeds ae_ isa equal to thlstt proportion which the amount of the sums secured by this Mortgage irinr~lediatety prior to the dale o! , is ;'ri~ lq tfie fair rket value of the Pr rmmedia ly prior to tt~ date of taking. with the balance of the proceeds pat~tZb~BomoyriG:-' - h the P/op6trry tl< Abandoned by Borrower, or if; lifter notice by Lender to Borrower that the condemnor oilers to make an award or s claim for damages. Borrower tails to respond to Lender within 30 days after. the date such notice is mailed, Lenderauthorized to collect and apply~the proceeds. at Lenders option, either to res~tpr4don 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 a postpone the due date of the mouthy installments referred ip,in paragraphs :1 and2 hereof or,chattge the atno(Jnt of such installments. - ~ - 10. Boreowet Not Retested. Extension of the time for payment or modification of amortization o}the 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 shall not be required to commence proceedings against sa,tch strcc~ssgr or fpf tQQ,e2ctond tjryte f payrTl~t or otherwise modify amortization of the sums secured bjl~thie Mortgege~y feaso~of~art~raildamlydeby th~origih8l Borrower and Borrowers successors in interest 11. Forbearance b!? Lander Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or othenwise afforded by.applicable lave,. shail.not be a:waiver of or preclude the exercise of any such right or remedy. 't : rs-~n n.-,-~.i: R! t-mar nr ~:lix l:•,~s r_w~_••_+o~ h~ ! ~nriar gha!! r!M bee 4~?aiver of Lenders 1' I TIC ~JI V{~WOI~IO~~{ VI ii~wni.vV v~,t,tV.~IY1!.wn. v. w~..w yr q.v ~..~.i~_ - , right to accelerate the maturity of the indebtedness secured by this Mortgage. - 1 Z. RemidNs Cumulative. 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 concurrently, independently or successively. 13. 8uccetsoes and Assigns Bound; Jolrrt and 8wen1 Uablltty; Captlons. The covenants and agreements herein contained shall bind, and tt~e rights hereunder shall inure to, ~ the respective successors and assigns of Lender arxf Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for covenience only and are not to be used b interpret o< define the provisions hereof. ~ . 14. Notla. Except for any notice required 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 tertifieif mat addressed to Borrower at i the Property Address or at such other address as Borrower inay3designate bx fiotice to Lender as provided herein, and (t>) any>?otic~t~t Lender shattb@>~iv8n py certified mail, return receipt requested, to Lenders,address stated herein or to such other address es Lendw nay designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform tMortgpe~ Qowrning Law; Sewnbllity•'~his form 'ot rraortgage combines uniform covenants for national use and ~on•urriform colresarits,withiimited variations by jurisdiction to constitute a.un4folm security instrument covering real property. The state and locel laws applicable to this Mortgage shall be.the~iaws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall 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. td. - Borrowers Copy. Borrower shall be furnished a coritormed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of the Property; Aswmptlon. If all or any part of the Property or an interest therein is solo or transferred by Borrower witlxlNt I~ertders prior written consents excludingtat ttye creation of a lien or,.ericumbrance subordinate to this Mortgage, (bj the creation of a purchase•.moneyaecurity interesfi'or tyousehold appliances, (ca a transfer by devise, I descent or byop@iation of law upon thq death of a joint tenant or(d) thegrant of ariq~easehold interest of three years or less not containing an option to purchase. lender may, at Lenders_optiori!, declam alt the. su_ m~ $~rgtl by thig j!ii(Qitgl~ t4 be immediatety due and payable. Lender shall have waived such option to accelerate it prior to the safer or transfer, Lender end the person b WhOrfl ttre PfOperly is b be sold Or lrarwferred rea.~ pgresmenti:: writing tt,at mQ rodir o+! Bach person is satisfacbry b Lender and that the interest payable On'the sums secured bythis Mortgage shall be at such rateas lender shalt request If Lender has waived the option b~aceelerate providedin this patagrgph~l7; and if Borrowers s(~eessor in interest has exe0uted a written assumption agreement accepted in writisrg by Lender, Lender shall release Borrowerfrom all obligations under this Mortgage and the Note. It Lender-exercises such option to acxAlerate, Lendershall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a periotl of not Ives that 30 days from the date the rrolice is mailed wRhin which Borro~wet may pay the sums dedared due: If Borrower faits to pay such sums prior b the expiration of such period, Lender may, without further nottoe or demand on Borrower, invoke any remedies pemritted by paragraph 18 hereof: NON-UNIFORM COVENANTS. Borrower acid Lender~fu_ ether covenant and agree as follows: 1 A. Acaleratbn; Remedies. Except at provWed In paeageaple 17 henaf, upon. Borrowor~ beach of any cawnantors~ - . rat of jEbreayr~r to thLE ~lkK ~IudUpthe ca~nants.top>Igr whendwa~ ~m!<Newt bgl this iirtor to aceeiiratl'on his I notke to Borrower as provided to paragraph 14 hereof , spve~~~ brw~ch; ttt~ action nqutllad tp sun such beach; (3,? all dste, not less 1fian.30 days front the dabtM notice b mailwitp Bgrrawer, by.wtikbwd><bnach musts be cued.; and(4t thatfallaunto can wc!} beach on of before the a3aiti tpic;flid In tb~ notice mlAtl ~a4alt In wxetira;bei o! the wms aecund b11 pet! Moetrt~, forwHowre bt? judlettl peoceeding and ssN of tla~ ~'oP~~. Yhsinotlcn:shatl turtherlnforni taorpf flee rfpMto nlnttata aftereeesler#tkni acid the rtghtto asMetlgthi tenetowe~a - ngthc er9rrexl~n~ o~*defaultor any of~+a~.4sfensa of 8o~r+ovwr yp aoe»Ierttlon Agd,to~aslost`ini: i~ ~ Is not cotnsa~,ge 4c before tFj~ dab spectfNd to the.nott~,_ LandW at hnndtrs op~letn.mlafi ~la~nl =~.of sacwtBd bt?-tbfe ~o~t~a to 4e ImmedlatNy dw and gettable without fuethet,d~~d;a i t Moetplipe d0i jNdk~s1Pt!~ Lander shall be entitled to collect In such proceedlnb all expenses cif fonclown, tncluding, but iwt N~nlbd to, reasonable atbrne>ars fees, end cosh of documentary evidence, abstracts and title npoets. 1 B. Boerowert Right to Reinstate. 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 1 Q1 ax ~,2 J`` z5~ ~