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HomeMy WebLinkAbout1422 • o,., i • ~ ,t` ) { l.ender's~written agreement or applicable law. Borrower shall pay the amount o[ aB mortgage insurance premiums in the manner provided under paragraph 2 hereof. ' Any amounts disbursed by Lender pursuant • to tlia paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lrnder agree to other terms of payment. such amounts shall be payable upon notice from i.ender to Borrower requesting payment thereof, and shall bear interest from the date of drsbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at stash rate would be contrary to applicable law, in which event such amount: shah bear imerest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expetae or fate ! any action hereunder. >l. Irtapectiow, Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided i that i.ender shall give Borrower ndice prior to any such inspection specifying reasonable cause therefor related to I.atdet'a interest in the Property. 9. Coadewrwatbw. 'The proceeds of any award or claim for damages, direct or consequential, in connection with any t{ condemnation or other taking of the Property, or part thereof, a for conveyance in lieu of condemnation. arc hereby assigned and shall be paid to Lender. , ~ . _ _ a in the event of a total taking of the Property, the proceeds chill bE appl~ed~ 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 Borrotrer and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the ptooeeds 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 [air 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 Lender to Borrower that the condemnor oRers 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 d tie Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shag not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. t 10. Eorrower Nol Reka~scd. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by tender to any ctrccessor in interest of Borrower shah not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest.. Lender shall not be r+oquired to commertoe 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. 11. Forbearance by Lewder Not a Waiver. Any fort+earance 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. i The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of bender's right to accelerate fire maturity- of the indebtedness secured by this Mortgage. 12. Remedies Cwwahrtls~. 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 sueoessivdy. 13. Successors said Ataigas dosed: Joist aiwd Seved i.is6ilRy; Cardowa. The covenants and agreements herein contained shall bind, and the rights hereunder shall inttr~ to. the respective successors and sssigns of Lender sad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be join{ and several. The captions' and headings of the paragraphs of this Mortgage are for convenience only and are not to lk used to interpret or define the provisions hereof. 14. Notke. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower p~+ovided for im this Iklortgage 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 ss provided herein, and tb) any notice to Lender shall he given by certified mail, rctum receipt rogtrested. to Lender'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 in the manner designated herein. IS. Uaitotwt Mortgage; Goveruiwg Law; Seterability. This form of mortgage combing uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to cortstiiute a uniform security instrument covering real r rt . 77tis Mort a e shall be overrted h the law of the jurisdiction in which the Property is keated. In the - P~ Y gB R Y event that any provision or clause of this Mortgage or tht Note conflicts with applicable law. such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and tFx Note arc Declared to be severable. ~ 14. Iorrower's Cory. Borrower shall be furnished a conformed cop)• of the Note and of this Mortgage at the time of execution or after recordatan hereof. 17..Trstder of the Trorerty; Astrttmptiow. if all or any part of the Property or an interest therein is sdd or transferred by Borrower without Lender's prior written consent. excluding fa) the creation of a lien or encumbrance subordinate to ~ this Mortgage, (b) the crcatton 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 kasehdd interest of three year or less ~ not containing an option to purchase, Lender may. at Lenders option,.declarc all the sums secured by this Mortgage to be immediately dot and payable. Lender shall have waived arch option to aoceterate 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 inten~ct payable on the sums secured by this Mortgage shall be at rush rate as Lender shall req»est. 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 obljjations under this Mortgage and the Note. I If Lender exercises stick, option to accelerate, Lender 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 arms prior to the expiation of such period. Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1R hereof. ~ Non-Unit=ors[ Covt?Narrts. Borrower and Lender further covenant and agree as follows: lg. Arcderstiow; Remedies. E:cent as povMea iu rsra~nrr 17 hereof. ores >Ntnwers ~seh of ssy csarsut str agreeaseat d >terrewer i• this Mortgage, luefudhg tic caNeusuts to ray win rue say soon secured by tW Mortgage. i.ewretr i criers a aeceksslMa shsi assn aotke to >ionrwer as rrorNei M rsragrarh 14 heed sptcKyiags (i) the breach: (21 the setlsw rquirs> a ewe such M:aeh; (3) s race, wet fkaz rises 3fa days thaw the rate tie astktt r twatkr w >terrewer. by which such breach ssuit be ewes ear (4) drat failure N twe nth b.eaelt ow K betsre the rate arseiBsi V the aotlte wsy resaN r aece4ratisw d the swas srxtred by rile Mortgage. tsteelo.are h jittrkial MoeseiML ear ale d the rrererty. Tire aaRke shsN testier iaterwt lterrewer d the right b reittstaie after atcekratlow arttl the right M aced i• Mte toreeisnre pseeeeig ie aow.exMeaee d • retaalt ar say other release d Borrower to accekratfo. awr tsreeloswe. ~ de bread r wet ewer M air betsre Ntc talk sreeifier b the wotke. Lewrer N [.carer's ortiow srwy rnelsse s8 d the straws seearsr i!' 1bY Mertga)pe 1s be ~ i~eiWely sae ear sayable ..kiout tastier dcatand arts stay tersclae this M«tgage by ludklsl rreeeerlag. Lender doll bs eatldsr a eeBsct t• sues rroeeeriag at carcases at lorrcbswe. iwelaiiag. bat set ¦taitei a. reaseaable stturwer's fee. swr oasts d isewwahry e~iiesee. abAracts awr title rerorb. 1!. lerruwa's Right b Rd¦Mate. NcNwithstandinE Lender's acceleration of the sums secured by thrs Mortgage, Borrower shall Gave the right to have any proceedings heEun hY Lender to enforce this Mortgage discontinued a~ any time Q BtIOK~~S PAGf1422 f a=