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HomeMy WebLinkAbout0730 ~ - ~ar f • ~ ~ • Y Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgsge insurance pretniutrt: in the manner provided under paragraph 2 hereof. Any amounts disbursed by 1_ender pursuant to tha paragraph 1lf„1~i11j? ~tetest thereon, shall 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 tram the date of disbursement at the rate payable from time to time on outstanding principal render the Note unless pa~?ment a! interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expetae a take any action hereunder. isspectlos. lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Harrower notice prior to any arch inspection ,tpecifxing reasonable cause therefor related to Larder's interest in the Property. 9. Cowdewwatbw. 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 Lender. In the event of a total taking of the Property. the pra:eeds 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 Calder otherwise agree in writing, sheet: shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date off 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 tender to Borrower that the condemnor oRers W make an award or settle a claim for damages, Harrower fails to respond to Lender within 30 days after the date such rtotioe is mailed, Lender 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 writin~e, any such application of proceeds to principal shall tat extend or postpone tht due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. - 10. Borrower Nof Released. Extension of the time for payment or modification of amortization of the sums severed by this Mortgage granted by Lender to any successor in interest of Borrower shall not ope*ate 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 such successor or rcfrrse 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 Borrower's wccessors in interest. 11. Rorbearawce w7' Lewder Not a Wdver. Any farl+earance by Lender in exercising any right.or remedy hereunder, or otherwise afforded by applicable law. shall rant be a waiver of or preclude the exercise of any such right or rarredy. The proctrrcment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewcdiia Cswslative. 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. Ssccearas swd Assisws Bound; Joist awd Several 1bbAitlr, Captbas The covenants and agreeoxnts herein contained shall bind, and the rights hereunder shall intrr~ lo. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agmtnents of Harrower shall bt joir~ and several. The captions-and headings of the paragraphs of this Mortgage are for convenience only and arc not to 13e used to interpret or define the provisions hereof. 14. Notke. Except for anx notice required under applicable law to be given in atrother manner, (a) any notice to Borrower p~avidtd for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such .dher address as Borrower may designate by notice to fender as provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to tender's address stated herein or to such- other address as Lender may designate by notice to Borrower as provided herein. Any ratite provided for in tha 1/nrt_oosi. el+~ll t... it...r,~.i M..,.. I,..w a.,..,,...~ t ~...a_....1.w .L~ _M .tom:~~.J- L~.~.:~ 1ST Urrifors Mortgage; Goveniwg Law; Severability. 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 oovaing real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. 1n 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 Nate which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Nate are declared to be severable. 16. •orrowa's Cory. Borrower shall be furnished a conformed rnpy of the Note and of this Mortgage at the time of execution or after recordation hereof: $7..Trawsfer of twe Property; Assnmptiow. if all ar any part of the Property or an interet therein is sold or transferred ~ by Borrower without Lender's prior written consent. excluding (al the crcatan of a lien or encumbrance wbordinate to this Mortgage, tb) the crcatron of a purchase money security interest for household appliance:, (c) a transfer by devise. descent or by operation of law upon tht' 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 wrivcd such option to accelerate if. prior to the sale or transfer, Lender ~ and the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person I is satisfactory to Lender and that the inten~ct payable on the sums secured 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 assumption agreement accepted in writing by Lender. Lender shall release Borrower fearer all oblijations under this Mortgage and the Nae. - _ I if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in acrnrdanre with ~ paragraph 14 hereof. Such notice shall provide a period of rat less than 30 days from the date the notice is mailed within I which Borrower may pay the wens 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. E Nav-UNIFORM Covervaxrs. Borrower and Lender further covemnt and agree w follo+vs: - ti l0. Aceeleratlos; Remedies. E:cent as troviaed i• paragraph 17 heeeot. trpn Sorr+ower's bseaew off dray cevermrrt K asressrest of lerrower `two Massage. wxlo~ws twe cotarawts to ray wwea ase asr sswrs etewrea ti fwls Mortgage. Lesser 3 R~ b acakratlos swats rwaN wotlee to iorrower as troviaN Hr taragratw 14 wereot sreel[)'iss: (1) Me beach: (2) twe aetMw rgaiei to esre saew beteaew; (3) a dale, sot less twaw 3A days traw twe ants twe wetke br wa9ea b Mrower. b wblcw strew bra+ew wart lee ewe# ass p) twat i'aWrre to cse+e drew bracw err or before twe date areeMea V twe wotke aaY ressM b -aec~da~atlos oft the rArwa neesrei b7' twis Mortgase. toaeelossre by jsakW troteedltr~ ass sale et twe tr~oterty. Twe wede~ swats f{wrsber iaforw Borrower of twe right fo rewMate after accekratbw ass twe rlgb/ b sayers is twe ffor+ceitage rtroceeirrs twe sos•e:Wasee at a deGrtrk or a.y other aefewse a, Borrower to sccekratiow awes toreeloesre. fa the breacw fi dot csrea ow { or before twe ask sfetiflea i, twe settee. Lewtkr at l.ewder's ortfow way aeclar+e V d twe swws seewtd ~ ibis MafpBe it be iwweihtely sae awes pyablc ..itwoat fartwer demand awd wary taeelote this Merttage y }akW troessairts. Lender Beall be estillea to ea0ett d sarcw trocteaiws d ~pcwses of faeclosare. iwchyaias, bst west ffisdted M. reatowaYe stt.xRev'e fed. ant eeels off doer.-aewtary eviaesee, abatraets awes title retorts. I!. lorrowa'a Rlswt f• Refastate. Notwithstanding Lenders acceleration of the sums stcutsd by th+e Mortgage, Borrowu shall have the right to have any proceedings begun by Lender to enforce this Motapge discontinued at any time BC~(c~.0 PdGE c~