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HomeMy WebLinkAbout1234 x • ~ ~ i Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums 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 lender agree to other terms of payment, such ~ amounts shall oe payable upon notice from i.coucr tc? Burtuwei ieyuc;tir~g partse~~t th:.r~zf, a~.d shall bear i::teres! from !hs daft of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of ~ interest at such nts would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicabk law. Nothing contained in this paragraph 7 shall require i.ender .to incur any expense or take any action hereunder. e 8. laspectiou. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided . s that i.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Coademaatbn. 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 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 agree 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 amount of the sums secured 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 Borrower. or iF. after notice by i.ender to Borrower that the condemnor offers 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 of the Property or to the sums secured by this Mortgage. Unless !.ender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend or postpone the due dale of the monthly installments referrrd to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of 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 Borrower c successors in interest. i_ender shall not be required to commence proceedings against such successor or refuse 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 successors in interest. t il. Forbearance br Lender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder, 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 Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. r 12. Remedies Cmm~b~tire. 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 ma}~ be exercised concurrently, independently or successively. 13. Successors gad Assigns Bound; Joint and Ses•eral Liability; 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 joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Ezcept 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 certified mail addressed to Borrower at ~ the Property Address or at such other address as Borrower may designate by notice to i_ender as provided herein. and (h) any notice to Lender shall be given by certified mail, return receipt requested. to i.ender 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 irr the manner designated herein. 1S. Uniform Mortgage; Corernirq; Law: SeveraM'litp. 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 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 or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can he given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note arc declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after rccardaiion hereof. 17. Transfer of the Property: Assumption. If all or an}• part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding lal the creation of a lien or encumbrance subordinate to ; this Mortgage, (b) the creation 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 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 sale or transfer. Lender and the person to whom the Property is to be sold 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 Lender 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 f obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. [.ender shall mail Borrower notice of acceleration in accordance 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, Lender m'ay, without further notice or demand on Borrower, invoke any- remedies permitted by paragraph 18 hereof. f Note-UNIFORM CovENAtVTS. Borrower and Lender further covenant and agree as follows: 18. Acceleration; Remedks. Facept >s provided in paragraph 17 hereof, upon Borrowers breach of gay cotenant or ~ agreement of Eorrower is tbLs Mortgage, ioclading the cotenants to pay when doe any sums secured by this Mortgage, Lender prior to accekntioa shall mat[ ratite to Borrower as provided in paragraph 14 hereof specifyin6: (1) the breach; (2) the aetioa required to core such breach; (3) a date, not less than 30 days from the date the notke is mailed to Borrower, by wbk6 such breach most be cured; and (4) that failure to core such breach oa or before the date specified is the notice taaay molt in sccekration of the soma secured by this Mortgage, forecbsure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert is the foreclowre proceeding the aoa-a:Istence of a defaak or any other defense of Borrower to acceleration and foreclosnrs. If the breach Ls not cured on or before the date specified is the notice. LeadeF at Lender's option may declare sB of the soma secured by Ibis Mort~e to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Leader shah be eatitkd to collect in such proceeding aB a:penses of foreclosure, including. but not limited to, reasonable attotrne~'s fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Rlsbt to Rdnstate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by 1_ender to enforce this Mortgage discontinued at any time E,:~325 o~~Ei234~