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HomeMy WebLinkAbout1453 - ~ ~ i"~ : ~ ~ ~ ~ s , i Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage iasuraact ptemiuaa in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lenderjagre! et tetrrts of payment. such ' amounts shall be payable upon notice from Lender to Borrower requesting payment therco~ana~all bear interest from the date of disbursement at the rate payable from time to time on artstanding principal under the Note unless payment of interest at such rate would be contrary to applicable saw, in which event such amounts shall bear interest at the highest rate `t permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any exptatse or take ' any action hereunder. >t. Impectioa. i_ender may make or cause to be made reasonable Entries upon and inspections of the Property. provided j that Lender shall~Rive Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lertdet's i interest in the Property. f 9. Coaderrtwatbrt. The proceeds of any award or claim 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, are hereby assigned and shall be paid to [_endtr. 1n the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage. with the excess, if any, paid to Borrower. in the event of a partial taking of the Property. unless Borrower and Lender otherwise egret in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds ; as is equal to that proportion which the amarnt of the sums secured by this Mortgage immediately prior to the date o[ i taking bears to the fair. market value of the Property immediately prior to the date of taking, with the balance of the proceeds ; paid to Borrower. if the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor oRers to make ; an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds. at lender's option, either to restoration or repair oft the .Property or to the sums secured by this Mortfage. ; Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shag not e><tertd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. lt. )sorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any cuccecsor in interest of Borrower shall not operate to rekste, in arty manner, ' the liability of the original Borrower and Borrower c successors in interest. Lender shall not be required to ~ comrnertoe proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums R secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forhearapce h7' Lender NM a Waiver. Any forbearance by tinder in exercising any right or remedy heretmder, or otherwise afforded by applicable law, 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 or other liens or charges by Lender shall not be a waiver of I:,ender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 1Z Rtnttdks Cemelatfve. Al! 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. Successors awd AsaiRtas loeeo: Jotat sofa Severn i.isbility; Captions. The covenants and agreements herein contained shall bind. and the rights hereunder shall incug to. the respective successors and assigns of Lender sod Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and an rat to Ile used to interpret or define the provisans hereof. 14. Notice. 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 certilkd mail addressed to Borrower at S the Property Address or at such other address as Borrower may designate by notice to Tender as provided herein, and (b) any notice to Lender shall he given by certified mail, rctum receipt requested. to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. 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. t IS. UaHorr Mortgage: Goverrriogt Law: Severability. 'ibis form of mortgage combines uniform covenants for national I j use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering ! real 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 ar the Note rnnflicts with applicable law, such conflict shall not affect i I 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 Mortgagt and the Note are declared to be severable. li. Ibrrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time i of executan or after recordation hereof. 17..Traaster of the ho'erty: Asstrmptiow. 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 (al the crratan of a lien or encumbrance wbordinate to this Mortgage. (b) the crcatron of a purchase money security interest for household appliances, (c) s transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender s option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the uk or transfer, Lender . and the person to whom the Property is a~ be cold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lentkr shall request. if Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obljjations under this Mortgage and the Note. ' If Lander exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in acetrrdancc with paragraph 14 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 sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. j Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph lg hereof. 3 NoN•Utrttrortr?t Covgxatr'rs. Borrower and Lender further covenant and agree as follows: li. Accderatio~ Rwsedtea. Euel)t • trovHtd in perogra'h 17 hereof. upon liorrr+wa's tfseaeh at tttsy cevertM K d a~temerat of lorrower V Nsfs Matgage. Iwehr~hrg the eovewaMS to fah' wlres+ date aq tttrata seewtri y this Merigagt. Lender I prior to aeeekrstlort slnll asail aotke to fiorrrrwsr ss'rovlded b prsgroplt 11 hereof gedfytagr tt) the hs~each: t=1 the setMrt ~ regoieei b eseo web breach; (3) a +a1q s?ot less draft 30 days frow the date the rtotics Y woYed M ¦errdwer. h!' whkh web breach front be cstre~ a¦i (4) ChM taWtre N crre web brtaeh oft or before the daft gecMed r the sotiee tract resoN V aeederatlart of the wars seeosed h this Mortgage. ferselowrs by jodieW ! arts sale of the it rorerty. The nodes ~ shot frrrtber idors >torrower o[ the right to r+eirMMe after seeekrMbrt aei the right b assert fn dtt tessdsswe psreeeitg <tie rwtt-aristertce et o detai or say other ietewse at fiarsower !e sxceksslios attd foreclosue. H Ae irexi r rant cased M a bdor+e the date t~eclRod b the rtotlce. l.ettder at T.eader's o/tlow stn!' deehre ar of the tttn¦. seemed by tltls Mert)pt(ps N be Imneiietdy ante at¦i pyabk without torther demand artd asst foreclose tMa Mortgage h ~ M~~• Ltrnder daN be eotltlei a cofiect b sstctt'weecdi.g all etrpetrsa rat foreclosure. irscht+itrg. brit feet Bmitei M. reaaertable snurarY's fees. ant Costs of ioermeMaq? e•lde.ee, abstracts efts title reprts. j 19. Mrrowa'~ ~ to Rehtstate. Ndwithstanding Lenders acceleration o/ the awns secured by thn Mortgage. Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time i ' - . ' ~~K32fi P~F145i