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HomeMy WebLinkAbout1810 . • Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgage insurance ptemiutns in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to the paragraph 7, with iotet+est th4reon, shall become additional tindebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agt+a~ ttr other terms of payment. such amot+nis Shall be payable Ilp(~n n(~IICe from I.Cnder lp Borrower roquesling payment thereof, and shall bear interest from the date of disbtrrsetnent at the rate payable from time to time on a+tstanding p~incipa) under the Note unless pa~?tweat of interest at such rate Would be coninry to applicable law, in Which even! such amounts shall bear interest at the hialraat rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or fate any action hereunder. a. Itsspectioe. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that I.endtr shall Rive Borrower notice prior to any such inspection specifying masonabk cause therefor related to Lender's interest in the Property. 9. Cowdewrrgtba. The proceeds of any award or claim for damages, direct or consequential, in rnntroction with an)? condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, art: heecby assigned and shall be paid to Lender. in the event of a tots) taking of the Property. the I+rt.cttcic shall he applied to the sums secured by this Mtxtgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Ltarder otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the pr+0oeecls as is equal to that proportion which the amount of the sums sect+rt:d by this Mortgage immediately prior to the date of 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 l3or:owir, or if. after notice by Lender to Borrower that the condemnor oRea to treats an award or settle a claim for damages. t3orrowtr fails to'resaond to lender within 30 days after the date such rwtitx is _ mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to tYStontion or repair of the .Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agrce in vvritinR. 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 amount of :.uch installments. 10. Eorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by 1_ender to any successor in interest of Borrower shalt not operate to rakase, in any manner, the liability of the original Borrower and Borrower's successor in interest. Lender shall not be required to commence proceedings against such successor or rcft+se to extend time for payment or otherwise modify amortization of the sums securt:d by this Mortgage by reason of any demand made by the original Borrower and Borrower's successor in intereu. it. Forbearance 6y Lender 11Iot a R'aiver. Any forbearance by Lender in exercising any right or remedy hertt+trder, 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 Lenders right to accelerate the maturity of the indebtedness secured by this Mortgage. 13. Rtrwedks Camuhtbe. All remedies provided in this Mortgage are disiinci and cumulative to arty other right or remedy tender this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or strecessively_ ' 13. Seccessors gad Assigas Bound; Joist gad St:verd I.iabAify; Captions. The covenants and agreements herein _ contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be jtviry and several. The captions ~ and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice rcgttircd 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 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, rctt+rn receipt requested. to [.endePs 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 bcen given to Borrower or Lender when given in the manner tiesignattxi heron. 1S. Uniforar Mortgage; Governing Lava; Scverability. This form of mortgage combines uniform covenants for national ' use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument oovt:ring rear property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event shat any provision or clause of this Mortgage or the Note conflicts with applicable law, such ctmflict shag not affect other provisions of this Mortgage or the Natt 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. I6. Eorrower's Cory. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Traasfer of the Property; Assnmptioa. 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 creation o[ a litre or encumbrance subordinate to this Mortgagt. (b) the creat+on of a purchase money security interest for household appliances, (c) a 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 yeah or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be f immediately 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 tee be co1J or transferred reach agrt:errrent in writing that the credit of such person is satisfactory to Lender and that the inferrer payable on the sums securt:d by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in _ interest has executed a written auumption agreement accepted in writing by Lender, Lender shalt release Borrower from all obligations under this Mortgage and the Note. . If Lender exercises such option to accelerate, Lender shalt mail Borrower notice of acceleration in aecordancr 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 stems prior to the expiration of such period. Lender may, without further novice or demand on Borrower. invoke any remedies permitted by paragraph 1R hereof. NoN•UNtt=otttN Covt=_tvertTS. Borrower and Lender furtltcr covenant and ogres ss follows: lg. AceekrNiow; Remedies. B:cep[ m provided is paragraph 17 iertot, tr*oa lonrwtar's tkssch of arty covewad K agretuweat o[ flarrawet lw [ifs Mortgage, liselrrditrg tie toveaaMs to pay wire[, doe gay wws seew+ett fly this Mtxfgsge. Leader prior to accelcratioe siafl resit aotke to liiorrowcr m provldeA iw raragraph i4 iereot ~eelfyMg: (1) tie weasel: (2) the attioe required to care tract iresei; (3) a date, as less draw 3o days [rota fire date t'lre eotke b tteaNed to Iserre..er. fly wUei srfei bresci gager be cared; aed (4) drat tellers to care strci iresei ow or ietore the date specked V tie eotiee way resslt aecderstfoe of tie wtr iecsrcd tty fhb Mortgage, foseelossrc b N'~~Mfi awl sale d tie )rrorerlr. The wdke shall farrier iwtoras Iorrower of tie right fo refwstste after accekratbw swd the rfsht b assert i• t4 torecioane ptroceeig tie wow-exWewce of s detanrlt or aq rather tf~eterrse of Borrower to aceeleratiow arri foneclowrrtr. fif the breach b aof ewred ew a before the taste sreciied iw tie wotice, Lewdrr st I.ewder's ortbw asst' decflsre a0 d tit satws seeared ithr ['.ifs Matgagt f1a ate htrsacdistdr due awl paysbfe witbet ttrrther demand gad vast' forccloae this Mortgage hr jadielal praeeetiR. Lender slarN be ttNided to collect b srscb proeesdiag ar espewses of foreclosure, hrcirrdiwg, bat eat WtsNai a. reasarerble stt~xaetr's ftttts. gad costs of doct~~eeetary trvideaee. abstracts trod title repro. If. fforrowa's ftkit to Refastatc. NcNwiihstanding Lenders acceleration of the sums secured by rhea Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontintxd at any time cU~326 P~~~gpg