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HomeMy WebLinkAbout2774 • Lender's written agreement or a~lic~~iri. l0la,rto;,,e~ s~j pay the amount of al1• mortgage iasuranoe ptemitunt in the manner provided under paragra 2 ht: ~ 7 ~.3 j Any amounts disMsrsed by Lender punwnt to this paragraph 7. with interest thereon. shaq become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other teeters of paytaeM. such amounts shall be payable upon rtatice learn tender to Borrower rogtresting payment thereat, and shall bear interest from the date of disbursement at the rate payatsk from time to time an outalanding principal under the Note unless payn~eat of interest at such rate would be contrary to applicable law, in which event such amounts shalt bear interest N the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expenre err take any action hereunder, g. ioa}ectiow, [_ender may make err cause to be made reasonable entries upon and inspections of the Property. provided that Leader shall give Borrower ndice prier to any such inspection specifying reasonable cause therefor rtilated to Larders interest in the Property. , . { . Cowdew~natiow, The proceeds of any award or claim for damages, direcC or cottseQuehtiat, in connection with any condemnation or other taking of the Property, or part thertaf, err for conveyance in lieu of condemnation. are herby assisned and shall be paid to Lender. In the event of a total taking of the Property, flee proceeds shall be applied to the sums secured by this Mortgage. with the excess, if any, paid.to Borrower. In the event at a partial taking of flee Property. unless Borrower and Leader otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proestedt as is equal to that proportion which the amount of the some secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prier to the date of taking, with the balance of this proceeds paid to Borrower. it the Property is abandoned by Bor.ower, or if. after notice by Lender to Borrower thst the condetntar offers b rnalte an award or settle a claim for damages. Bc?rrawer tails 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 trpair of rile Property or to the sums secured by this Martgattt. Unless Lender and Borrower otherwise egret in writing, any such application of proceeds to principal shall not esttend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hetcof or change the amorrM o[ such installments. 11. Il{orrower NM Released. Extension of the time for payment or modifkation of amortiution of the sums secured by this Mortgage granted by Linder to any ctrcctssor in interest of Borrower shall not operate to release. in any manner, the liability of the original Borrower and Borrower c successors in interest. Lender shall not be required to commence proceedings against such successor or reface to extend time for payment or otherwix modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's atrccessors in interest. 11. Forbearance r7' i.cwier Not a Waiver. Any forbearance by Lender in exercising any right or remedy heretmder, or otherwise afforded 6t' applicable law. shall hat be a waiver of or preclude the exercix of any such right or t+ernedy. The proctsrcment of insuratxx or the payment of taxes or other liens or charges by Lender shall not be a waiver of tender's right to accelerate the maturity of the indebtedness secured by this Mortgage. li Reaeiko CwawWln. All remedies provided in this Mortgage- arc distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may bt exercised concurrently: indepersdently or successively. 13. Swccesoas awes AsriRws Soawd; .lobrt oral Several 1.ia6iBty; Csptiows. Tire covenants and tgreetnents herein contained shall bind, and the rights hereunder shalt incrg to. the.rtspectivt successor and assigns of Lender acid Borr~ovvtr. subject to the provisions of paragraph 17 hertot. All covenants and agreements of Borrower shall be joir~ and several. The captions ~ and headings of the paragraphs of this Mortgage art for convenience only and ate not to tle used to interpret or define the provisions hermf. 14. Notice. Except for any notice r+egrrired under applicable law to be given in another manner. (a) any notice to Borrower pt+avided for in this Martgaae shall be given by mailing such notice by certilkd mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to under err provided herein, and. (b) any notice to Lender shall Ix given by certified mail. return receipt requested, to tenders sddreas stated herein or to such other address as Linder 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. 1S. Uwiforws Mort~c; GoverwiwR Law; Seventsility. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to corutitute a uniform security instrument covering real property. 7?sis~ Mortgage shall be governed by the taw of the jurisdiction in which the Property is located. to the event that any provision or claux of this Mortgage err 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 arc declared to tx xvenble. lei. 1on~erwsr's Copy. Borrower shall be furnished a conformed roP)• of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..'Itiarder d t~ropeefy; Asswaptiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prier writrrn consent. excluding fa) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the crcatian of a punhace money security interest for hotuehdd appliances, (c) a transfer I+p devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yeah or less - rrot containing an option to purchase. Lender may, at Lender s option, declare all the sums sxured by this Mortgage to be immediately due and payable. tender shag have w:+ivrd srsch option to aocelente if. prior to the sale or transfer. Lender and the person to whom the Property is to be call 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 secured by this Mortgage shall be at such raft ac Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower s successor in intetYSt has executed a written sssumption agreement accepted in writing by Lender. Lender shall release Borrower from all obljgatiorrs under this Mortgage and the Nae. Tf Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance w•irh paragraph 14 hereof. Stitch notice shall provide a period of not less than 30 days from the date the ratite is mailed within which Borrower may pay the sums declared due. 1f Borrower tails to pay such sums prior to the expiration of wch pe~iad, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph Ig hereof. Nor+-UxtFOtet~t Coverrsr+rn. Borrower and Lender further covenant and agree as fdlaors: !i. Acederatla~ Rane~ka. IEuept as'rovNd is pweagra~ 17 erred, tt*ow Dornwe~r ttrcae! d aq awesrwwt err agrorsewt d Mewrer Y this Mortgage. inclwrhtg t4 cevewawts to !a7' grew tiwt aq swas reewcti ti /rlr Metlgage: [.ewer *tisr M aeceieratlon sMM nnY wotfce N Drawer s praridea r pragrapr /4 recce[ tpeelfylwg: (1)14 •reaek (21 the sctlan spied m e>are arose ~resek (3) a ile, root leers thaw 3t lees tt~orw fire /rle lee notice Y rwaYeti M lorrower. b wrkr wee ireaei wart 4 cam swi t~ teat failwre N ewes swell crease a or Itretere t4 date gsedAoi Y t4 notlee seat' resait V aecderaliow et flee sw.r recwrei b tlrir Mortgage, te~eelowre h jw/icW preeor+ila~ cork d t4 1Tr+s'esif, 71e notice rW fwrt4r intr. ior»wer d ire rapt a reiwstate after sceekraRion ani fife rlpt to arreA Iw t4 forseMrwc pneeeirB the wow•e:irleosee d w ddanM or any etrer detewre d >sorrower to aeeekraMett awl torcclowre. B ire breaer Y west e.rei K 4tese ttte sole geciiod L t4 wotkY. llenier st Lender's option twat' ialare r d ire war rrewred It7?/W 1Mart=gpe Iw 4 ir~i.leh? ~e awl ~wraMe witrowl tostrer dcarane awe wtaY tereclooe trir Merlgage b i~+r l~~tt• Lewder dra/ 4 ewti0oi !w eeiset r sorer proc~eedlwg art espewses of forcctosorc. iwclydiwg. lot oat lrallri !w rsarowwMe stturner's fees. airs eaNr d ioeutwewtary e•i~ewc+e. arrtrwctr and title repels. 1!. Borrrwa's ~ N ReirtrMt. NotwithstandinE lenders acceleration of the sums secured by thra MaAgage. Borrower shall Gave the right to have any proceedings begun by Lender to enforce this Mortgage discontinued st any time Ba~JK PeGE~ 1 / J