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HomeMy WebLinkAbout1820 • L.ender's written agreement or applicable law. Borrower shall pay the amount o[ all morigrige inwraaoe prtmtittms is the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shalt becana additional inckbtedneas of Borrower secured by this. Mortgage. Unless Bon+ower and Lender agra to other teruts of payment, such amounts shall be Payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from fife date of disbursement at the rate payable fran time to time on outstanding principal under the Nola fatless pajateat of` interest at such rate would bt contrary to applicable law, in which event retch amottMs shall bear interat at fife highest tale permissible under applicable law, Nothing contained in this paragraph 7 shall require Lender to incur any experge otr fate any action hereunder. istsrectkw, Lender may make or cause to be made reasonable entries upon and inspections of the PropeAy. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related ~ Leader's interest in the Property. 9, Cam, The proceeds. of any award or claim for damages, direct or consequential, in eoarteetiort nridt gay 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 Lender. In fife evttt! of a total taking of !ht Property. the proceeds shall I+e applied to t~ie-wans.secutetl by this Mortgage. with the excess, if any, paid to Borrower. In the event of a partial taking of the l~+opeily,~'tt~ik.~s Borr+ovret and Lender otherwise agree in writing, them shall be applied to the sums soeetred by this Mortgage such proportaa of the preaoeeds as is equal to that proportion wfiich the amount of the sums secured by this Mortgage. immediately prior to the dales ai 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 Bormwtr. if the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the oortdemtar oQers to mats an award or settle a claim for darnages, Borrower fails to respond to Lender within 30 days aftet'the date such notice h mailed, Leroler is authorized to collect and apply the proceeds, at Lender's option, either to restoration or nptnr of t6s Properly or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of protecds to principal shall not extetsd or postpone the due date of the monthly installments referred to in parsgnphs 1 snd 2 hereof or change fife ttmourtt of such installments. 10. ¦orrowcr Not Rektwei. Extension of the time for payment or modiflcation of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower sha0 not operate to release. in any manner. the liability of the original Borrower and Borrowers successors in interest.. Lender shall not be required to corttrrtertce proceedings against such srrecessor or refuse to extend time for payment w otherwise modify amortization of the u~ms secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in inler+at. 11. Forbeanwce H I.ewier Not a Wainer, Any forbearance by Lender in exercising any right or remedy heretnsder, or otherwise afforded by applicable law, shall rant be a waiver of or preclude the exercise of any such right or rdrtedy. The procurement of irtsuranex or the payment of taxes or other liens or charges by Lender shall not be a waiver of Leaders right to accelerate the maturity of the indeluedrtess secured by this Mortgage. 12. Retweiks Crauiatine. Ati remedies provided in this Mortgage art distinct and cumulaiivt to any othtx right or remedy under this Mortgage or afforded by law or equity, and may be exercised cortcurrentty, irtdependentty or stteexssivdp. 13. Swceessors gad AssiRws ibwt+i: ,Joint awes 3eneral i.L6ilitp; Cardews. The covenanb and ttgreerrtertts herein contained shall bind, and the rights hereunder shall inure to. the.rcspective successors and assigns of Lender std Borrower, subject to the provisions of paragraph 17 hereof. All rnvenants and agreements of Borrower shall be joirg and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are rat to ile used to interpret or define the provisarts hereof. 14. Notice, Except for .any notice required under applicable taw to 6e given in another manner. (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certifkd mail addt~ to Borrower at the Property Address or at such abet address as Bormwer may designate by notice to i.ender ss provided herein. and (b) any notice to Lender chap he given by certified mail, rctum receipt requested, to Lender's address paled herein or to _ such other address as Lender may designate by notice to Borrower ss provided herein. Any rtotioe providod for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hex+an. 15. Uwifors Mort~e; Conerwiug Law: Stwers6ility.. This form of mortgage combines uniform covenants for natiood use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall bt governed by rho law of the jurisdiction in which the Property is located. la the event that any provision or clause of this Mortgage M the Note conflicts with applicable law. such conflict shall nest affect other provisions of this Mortgage or the NMe which can be given effect without the conflicting provisan. and to this end the provisions of the Mortgage and the Note are declared to be severable. If. lorrewer's Cory. Borrower shall be furnished a conformed copy of the Note gad of this Mortgage :t the bate of execution or after recordation hereof. 17..Trwsster of the Proresty: Aswtwrtiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior writtci consent. excluding (a) the cration of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchace mcmey security interest for ttowehold appliances. (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the gent of any leasehold interest of three yeah or ksa not containing an option to purchase, Lender may, at Lender's option. declare sll the sums stxured by this Mortgage to 6e immediately due and payable. Lender shall have waived arch option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is to be cold or tnpsferrcd reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest psyabk on the sums sacured by this Mortgage shall be at such rate >_s Lender shall request. if Lender has waived the option to accelerate provided in this pngraph 17, and if Borrower's sttcoessor in interest has executed a written assumption agreement accspted 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 accekntion in accordance: with paragraph 14 hereof. -Such notice shall provide a period of nd lea than 30 days from the date the notice a mailed within which Borrower may pay the sums declared due. if Borrower faits to pay such sums prior to fifes expiration of such period. Lender troy, without further notice or demand on Borrower. invoice any remedies permitted by paragraph 18 hereof. None-Ut+tt~rewt CoveNSxrs. Borrovvtr and Lender further covenant and sgrse ss toiiows: lfi. Aecdenttfo~ Rewtcifei. Eu~rt r rroviid iw rengnrr 17 hetroaf. ttro. >terrewes'a ltsetwer et ttwp ceewawt er sriraaserK of Eerrorer M tlds Mertdage. iwersirt~ dtt eonewaMs N rtn wtrsw ive ttsp sttwtr secssei H t11is Moshe. t?.ssttietr rrlsr a aeetkradss tdteti tail .once N >sorrrv.er ae rrenitlei M reragsarr 14 liertot sreeitpiegs ti) At iMeweA; t21 efts aditgt setelwirei N crone wet, Meack l31 a e1Me. set less dtatt 3t taps trews fire eliste ate ttedee r tsatlei fs tDeesewer, b wrkr wet trtreeer twist re ewsel: asi to fist tepwrt N crone serer rr+eaer eel er re/are ere ids arsetiei r ere wotica snp retselt V wec+deraW. d des sttttr aecstr~ei H alts R H ~W rras~t awl stele et des Tsererry.. The wales strati ttsrlrer titttenw loreewer eft Ire rtRM to rsiwstalt after weetkrados swi ate right N awed i• die taecNswe rsracseis~ Ira sos•exMewee et a ietawk or ssp eater eietesse a/ liarawer M sccikrati.s awl forretiswrrs.. r ttie rtreac! Y sat ettr!+ei w er traces ire isle ~eeYsi i. ate ttwlitt. tlettier at 1~esier's ereitrw tssp iselsre all et Ire tttnws seewsei ty tlrir Mestgafpe w re iwasttiiNelp itte swi rspwMe +rilhowt ftwsttser ieaarM awn tap t«eseloss this Meslga~e H i~W rsreeetMarl. B.ewde. ~rsi ~ a e.~eet t. steer rreeesiirt~ sit e:rttsia et roredoswre:. iwdwiittig. ttwt fret ifittdlsi l., rewseweMe sn.~reetrs tees. swtl ettsts of ~ entiewee. sbstreets art dtle rer.rts. 1!. >Mrrrwa's titJgit b Reiwstate. Notwithstanding lenders acoekrstion of the sums secured by thn Mortgage, Borrower shalt have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any tune euo~x 3~ ra~18~.8 •