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HomeMy WebLinkAbout2651 ~ ndcr'c. H often :tgrccntcm or ;+,?phcablc law. Bl+rn+s+er shall pa)' the amount ~~~tbN~t?~~~t`i prefniumc in the ~ manner r?I+vidcJ under paragraph 2 hereof. a :any :unluuttc dishuncd by 1-ender purwant to this par.ltrapi+ wuh itit~i~:i ihere+~n• sfi:,Il become additional indehtcdness ++f Borrower secured M• this \llutgage. t'nless BI?rn+++cr :uxl 1 ender agree to other terms of payment. such 1 amounts shall he parable up/m notice from I ender to Bl+rrlwcer reyuc.tinL payment there.+f. and shall t+car catered from the (late of dishurccment at the rate payahie from time to Time on outstanding principal under the Note unless peyiue~t of a interest at such rate would he contruc to upplirahle law. in which a+•ent such amounts shall hear interest at the highest rate t permissible under applicable law. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any action hereunder. ` i 8. Inspection. Lender may make or cause Io he made reaconahle entries ul?on and inspections of the Property, provided that 1-ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders t catered in the Property. , 9. Condemnation. The pn?ceeds of any award or claim for Damages, direct or a?nsequential. in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. are hereby ac~igned :rod shall he paid to lender. t In the event of a total taking of the Property. the prcxecds shall be applied to the st~;bi,'(~i~ 1~ this Mortgage. ~ with the dress. if any. paid to Borrower. in the event of a partial taking of the Property, unless Borrower and Lender I othcrwicc agree in writing. there shall he applied to the sums secured by this Mortgage such proportion of the prNeeds 1 as is equal to that proportion which the. amount of -the sums secured by this Mortgage immediately t?ri.^.r to the date of taking hears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds t paid to Borrower. , if the Property is abandoned by Borrower, or if. after notice by Lender to Bormw•er that the condemnor offers to make • an .ward or settle a claim for damages. Borrower fails to respl+nd to I.endcr within a0 days after-the date ouch notice is mailed. i.cnder is authorized to collect and apply the prcxeedc. at Lender's option. either to restoration or repair of the Propcrt~ ar to the sous ~ecurcd by [his Mortgage. Unles Leader and Borrower otherwise agree in ++ritinc. anv• such applicatic+n of proceeds Io principal shall not extend ,?r p?xtpon~ the due date of the monthly installments referred to in paragraphs 1 and ? hercl?f or change the amount of such inc:allmenic. 10. Borrower Not Rdeaced. 1'xtl`nClt?n of the time for payment or mcxliftcation of amortization of the sums Secured by this 1lfortg:+ge granted by Lender to anv• successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Burrower and Borrower's successors in interest. l.cndcr shall- not he required to commence ~ proceedings against such succeccor or refuse to extent time fc*r pa~•.^.t_•r!t nr nthen+ise modi(v amortization of the sums secured by this Mortgage by mason of any demand made by the orieinal Borrower and Borrowers successors in interest. 11. Forbearance by fender \ot a Waiver. An}• G?nc~arance M• Lender in e~ercicing anv• right or remedy hereunder, or ! 1+thetwise afforded by applicable law•• shall not I?e a waiver of or- preclude the exercise of any such right or remedy. The procurement of insurance or the payment of ta~cc or other liens or charges h~• [.ender shall not be a waiver of Lender's ~ right to accelerate the maturih• of the indehtcdncss secured fis• this \lorigage. 12. Remedies Cumulative. .All remedies pn?vidcd in this ~1ortgage ate distinct and cumulative to any other right or remedy under this Aiort,•age ur afforded M• law• c+r equity. and may t?e exerriud concurrently. independenth• or successively. 13. Successors and :lssigns Boond: Joint and tiereral Liability; Captions. The covenants and agreements herein contained shall bind.:,nd the riehtc hereunder shall inure tu. the respective u,ccescors and assigns of l enefer and Borrower. subject to the provisions .~f paragraph 17 hcrcof. :\ii covenants soul agreements of Borrower shall F+e joint and several. ~ The captions and headit,gs of the paragraphs of this Mc?rtgagc arc for conycnience only and arc not to t?e. Used to interpret or define the proyicionc hcrcof. 14. 'Notice. Except for anv notice required under applicable law to he given in another manner. (al any notice to 1 Borrower pn+rided for in this Mortgage shall F+e given by mailing such notice by certified mail addresud to Borrower at the Property Address or at such othct address ac Borrower mas• dc.ienat+_ hs• nl+tice to I ender ac provided herein. and th? am notice to 1 ender shall tx given by certified maul. return receipt reyucsted. t/? 1 ender'. address stated herein or to such other address as Lender may Jecignate by n;?tice to Borr++++rr as provided herein. Any notice provided for in this = Mortgage shall he deemca to have tx:en Ewen to Korrowcr or I ender when given in the m:utner designated herein. ; 15. Unifnrm ~lortt;at:c: Governing T.aw: Sererabilit~•. This tl~rm of mortgaec+•ombinec uniform rnvcnank for national ~ Ile and non-uniform cr+cn,nt. with IimitcD variations by jnrisdirtion to constitute a uniform sect:r,t;• instrument rnvering real pn?perty. This ~lortgag~ sh:,ll F?e governed hr the law of the jurialiction in which the Property is located. In the event that anv provision or clause of this !sfortgaee or the !dote conflicts ++ith applicable law. such rnnflict .hall not affect other pr++sisions of this 1\tortcage or the NMe ++hich ran hr given efTect without the ron(licting provision. and to this € ~•nd the provisions of the \tortuar:c and the \rne are declared to he ~eyerahle. 16. Borrower's Cope. Borrower shall txr furni.heD a u+nfrnncd ~opr of the '.~otc aad of this Mortgage at the time .If execution <+r after recordation hcrcof. f 17. Transfer of the Property: Assumption. If all or vote p.lrt of the Pn+perty or an interest therein is sold or transferred I h~• Borrower without [.Badge's prior written consent. es:hiding tar the crcatiun of :I lien or encumbrance whordinate to 9 this `iurts;agc. (hl the creation of a porch:+sB money sccuritr catered for housBhold appliance. (cl a transfer by devise, descent or he operation c+f law up++n the death e joint tenant or (d, the Brant of am leasehold interest of three years or less not containing an option M~purchace. 1 ender mav_ . at I ender'. 1+pUlm. deaarc atl thB sums secured M• this Mortgage to be, immediately due and payahlB. Lender shall base wai+eD wch option to acrelcratc if. print to the sale or transfer. Lender t :Ind the person to whom the Property is t.+ he sold or srancterred roach agreement in writing that the credit of such person } ~ is satisfactory to Lender and that the interr,t payable on the sums urured by this Mortgage shall be at such rate ac i.ender shall reyuBSt. If lender has waiyeD the option to acceleratB pmyiDBD in this paragraph 17, and if Borrower successor in s Interest has executed a written assumption a¢n-ement accepted in meriting by Lender. Lender shall release Borrower from all obligations under this Mortgage and the Note. j 1 If Lender exereiscc such option to accelerate. I ender ,h:dl mail Borrower notice of acceleration in acrnrdanee with paragraph 14 hcrcof. Such notice shall provide a pcrioJ of not less than 30 dove from the date the notice is mailed -within which Borrower may pa}• the sums declared duB It Born?wer tack to pay such sums prior to the expiration of such period, Lender ma}•. without further notice or demand on liorr?iw•cr. insoles am remedies permitted by paragraph 1R hcrcof. { e None-U~troent Covetv~.r•rs. Borrower and Lender further covenant and agree as follows: ~ 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or agreement of Borrower in this !Mortgage. including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower ac provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure sash breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which sock breach must be cared: and 14) that failure to cure such breach on or before the date specified in the notice may resdt is acceleration of the sums secured by this Mortgage. foreclosure b~• 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 in the foreclosure proceeding the non-existence of a defauH or anv•-other defense of Borrower M acceleration and foreclosure. If the breach is not eared on or before the date specified in the tnotice. Lender at Lender's option may declare all of the sums .geared by this Mortgage to 6e immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall ~ be entitled to collect in such proceeding all expenses of foreclosure, including. but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 1 19. Borrower's Right to Reiastale. Notwithstanding I.endcr c 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 p f 6uQ~i ~ PeGE~~~