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HomeMy WebLinkAbout1416 , . j Lender's written agreement ex applicable law. Borrowei shall pay the amount of all mortgages insurance pttraiutaa is the meaner provided under paragraph 2 hereof. Any amounts disbursed by lender pursuant to this paragraph 7, with interest thereon, shall bexome additional indebtesdness of Borrower secured by this Mortgage. Unless Borrower and Lender agtex to other terms of payment, such amounts shall be payable upon ncuice: from I.rnder to Borrower resquesting payment thereof, and shall brae interest from the date of disbursement at the rate: payable from time to time on exrtatanding principal under the Note unless paytereat of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the him rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur say ratpeuae of take any action hereunder. i. Iwspetiiew. Lender may make ar cause to br made reasonable entries upon and inspections of the Property. provided that lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Fender's interest in the Property. 9. Cerwderwnrbw. 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 therrot, 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 clial~b~ app~ied 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 Leader otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the prooeeda as is equal to that proportion which the amarnt of the some secured by this Mortgage immediately prior to the date erf 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. 1f the Properly is abandoned by Borower. or if. after notice by lender to Borrower that the condemnor olfera 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 e>E the Property or to the sums scoured by this Mortgage. Uakss Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shah not extexrd or postpone the due~date of the monthly installments referred to in wragraphs 1 and 2 hereof or change the amount of .such instalhnents_ 11. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums stxut+ed by this Mortgage granted by lender to any successor in interest !+f Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower c successors in interest. LrndCr shall not be required to eommernoe proceedings against such successor or refuse to extend time for payment or othcivise 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. 11. For6essrawce by Lewder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hete~mder, or otherwise afforded by applicable law, shall not be a waiver of or prexlude the exercise of any such right or Key. The procurement of insurance or the payment of taxes or other liens or chargex by Lender shall not be a waiver of Le:ndePs right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewterdks Cwmalaltie. All rcmtdies provided in this Mortgage arc distinM and cumulative to any other right o[ remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or sucoessivdy. 13. Sweceasors surd AsslRws itouwr; ,Joiwt arrr Several T.labillfy; Capfisws. The covenants and agreements herein contained shall bind, and the rights hereunder shall incug to. the.rcspextive strcce:.csors and assigns of Lender snd Bormwer. subject to the provisions of paragraph 17 hereof. All covenants and agretirtrents of Borrower shall be joint and several. _ The captions' and headings of the paragraphs of this Mortgage arc for convenience only and ate not to Ife used to interpret or define the provisions hermf. 11. Nertke. Except for any notice required under applicable law to be given.in another manner, (a) any notices to 'Borrower pt+uvided for in this Mortgage shall be given by mailing such notice by certifikd mail addrexsed to Borrower at the Properly Address or at such dhcr address as Borrower may designate by notice to Tender u provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to t.extder'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 this Mortgage shall be dexmed to have been given to Borrower or Lender when given in the manner eksignated herein, 1S. Uwite?rw Me?rtgaMe: GoverwiuR Law; Severability. This~form of mortgage cornbinex uniform covenants for national use and non-uniform covenants with limiteYl variations by jurisd"action to cotutitute 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 Chic Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given eBe:ct without the conflicting provision. and to this j end the provisions of the Mortgage and the Note arc declared to be severable. lf. Borrowerr's Gr'y. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time e>E exexution or after recordation hereof. . f l7..Trwnafer of Ilse Pro'erfy: Asswmptiow. if all or any pan of the Property or an interest therein is sold or tran:ferrcd l by Borrower without Lender's prior written consent. excluding (a) the oration of a lien or exreumbrance wbordinate to this Mortgage, (b) the crcattcxt of a purchase money security interest for household appliattexs, (c) a transfer by devise; eksexnt or by operation of law upon the death of a joint tenant or (d) the grant of any kasehdd 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 Mortg#ge to be immediately due and payable. Lender shall have waived uich option to accelerate if. prior to the wk or transfer, Lender and then person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inter~~ct payable on the sums securesd by this Mortgage shall be at such rate as Lender shall requewt. if Lender has waivexl the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has exexutexl a written auumption agreement accepted in writing by Lender. Lender shall. release Borrower from all obljgations under this Mortgage and the Note. if Lender exercisers such option to accelerate, Lender shall mail Borrower rtexioe of acceleration in accordance with parasraph 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 eacpiation of wch period, Lender may, without further notice or demand on Borrower. invoke any rcmediex permitted by paragraph 18 Irerex+f,. Mort-UNtt~ottut Covt=.NaHrs. Borrower cad Lender further covenant and agra sus fellows: 3 111. Aeederatiow; Rewreries. E:cep srs p~nvfetled h pwraMraFb 17 hereof. tspw Berrr+res's trewef>t at ..y awewwwt err ` agroemewt of >torrawer b tb4 Mewrt;age. iwclwirtg tee ee?~ewaerts to fMl' whew ewe aswy arrows st'twrcr by Ibis Morgp~e. I.ewrer ~ prior M aeeeiersMow drat rwaN we?Mee 10 Borrower as'rovWetl iw paragraph 14 Hereof spaiffisgs (1) the ItreacM: t=) the asetiaw raeAie~cr 1e ewse swerb btreacb; (3) a eWe, root less thaw 3• ebys from the eLte tee wetke r wrsiler M Betrseswer. b wblri sweb breach worst k ewrek asar drat tatlfwer N a~wrc atselr bre~web erw err bderre the eWe s~eiicr V the we?tke way rerssM b j aeedeafisw etf the strttas server by Mda Mortgage. fereclosrrre b jtrNeW ~oeeret~ ease ale e?t the Property. 71re wettiiee slu¦ fwriber bforwr •orrower etf the trIRIM to re!halatt fitter wceekrMbw sate the right Io aaseA i• Ibe toreeiaswree preeeaRttg ` the wow~etrWewee err w refastrit err a¦y ether rdewse cif Borrower to acceleratiow awe forereloswrc. if Mee brersrb i. wN ewatt tw err 6edore the rasle speeiiett b the worker. Lerwrer at [.erwrer's oNirar wrsy rtxhee r etf Mee swrrsa stxpssr by tbfs MarfgttRt N be Iwwer<ssleiy ewe awe rwyabk wiMtnwt terrtlrer ekrnand scrod way tereeloae this Margga~a bf jwtlkW Lender .baM k ewMderr fe coillaet r sweb'rseeeritrg si esperwsers of torcclostrrr, brelwris~. bwt wN rwrftar Ise reearawaile ottxrreYs fees. sssi e~ssls etf iwe.twewhry evNewee, abNrwcrs eswr tick rerprts. 1!. liarrrwcs's RiBbt a Rdwahtet. Notwithstanding Lender's sexekration erf the sums soured by thn Mortgage, ~ Borrower shall have the right to have any proceedings begun by Lender to enforce this Monpgr discontinued at any time c~epQ AA'' i BGOK~w PAGE~YIV