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HomeMy WebLinkAbout0237 t Lender's written agroement or applicabb law. Borrower shall pay~the amount o[ all mortgage insurance premiums in the manner provided under paragraph 2 hereof, Any amounts disbursed by !.ender pursuant to tha 'paragraph 7, with inler~at thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrov~rtr and Lch~ler agree to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest ft+om tM date of dtsbursetnent at the rate payable from time to time on attstanding principal under the Note unless pa}anet ~ interest at such rate would be coot»ry to applicable law, in which event such amounts shall bear interest at the highest raps permissible under applicable law. Nothing contained in this parag»ph 7 shall roquire Lender to incur any expetae or fate any action hereunder. B. itsspeetiow. Lender may make or cause to be 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 Leader's interest in the Property. 9. Cowdewwatbw. The proceeds of any award or claim for damages,llirect ar cottsequeatial, in eonneetioe 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 Feeder otherwise agree in writing, them shall be applied to the sums secured by this Mortgage such proportion of the prooceeds as is equal to that proportion which rho amount of the sums secured by this Mortgage immediately prior to the date of taking bear's to the fair market value of the-Property immediately prior to the date of taking, with the balance of the q+oceeds paid to $ortower. if the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor oRets to mate an award or settle a claim for damages, Borrower tails to respond to Lender within, 30 days whet the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, wither to r+estoratiat or repair of tle Property or to the sums secured by this Mortgage. Unless tender and Borrower otherwise agree in writing. any such application of. proceeds to principal shall 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. lt. Eerrower Not Reka+ed. Extension of the rime 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 ukase. in any manner. the liability of the original Borrower and Harrowers successor in interest. Lender shall not be required to commence proceedings against such successor or refute 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. Forbearawce l7 Lender Not s Waiter. Any forbearance by Lender in exercising any right of remedy hetetutder, or otherwise afforded by applicable law, shall rat 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 scctrrrd by this Mortgage. 12. Rewedks Cwstshf~t. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or aRorded by law or equity, and may be exercised concurrently, independently or successively. 13. ~Sweceasors nwi AwiRws lorrnd:.loint woes Several i.ia6iBryr; Csptloas. The covenants and agreeatettts herein contained shall bind. and fire rights hereunder shall inure to. the.rcspective successors and assigns of Lender attd Borrower, subject to the provisions of paragraph 17 hereof. Atl 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 ife used to interpret or deAne the provisions hereof. 14. Notice. Except 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 certifkd 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 (b) any notice to Lender shah be given by certified mail, return receipt requested. 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 'i Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. IS. Uwifonw Mortar. Governisg Lsw; Severabflity. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security ittstrumertt covering real property. This Mortgage shall bt governed by the law of the jurisdiction in which the Property is located. in the ~ event that any provision or clause of this Mortgage ar the Note rnnflicts with applicable {aw, such conflict shall not afkct other provisions of this Mortgage or the Note which can be given effect without the conflicting proviaon. and to this i end the provisions of the Mortgage and the Note arc declared to be severable. lf. 1lorrowe+~s Co*y. Borrower shaft be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Trander of tfe iroperty; Awtrwptiotr. if alt or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance wbordinate to this Mortgage, (b) the crcaban 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 (df the grant of any leasehold interest of three years or less ~ not containing an option to purchase, Lender may, at Lender z option, declare all the sums secured by this Mortgage to be E immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender i and the person to whom the Property is to be cold or Transferred reacfi agreement in writing that the cr~odit of zuch person ` is satisfsctory to Lender and that the inten~ct payable on the sums secured by this Mortgage shall be at such sate zc Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's successor in interest has executed a written sssumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordancti with paragraph 14 heroof. Such notice shall provide a period of not less than 30 days from the date the notice a mailed within # which Borrower may pay the sums declared due. if Borrower fails to pay such arms prior to the expiration of such period. Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph 1R hereof. Nary-Ur+tt=oat?r Covetvetm. Borrower and Lender further covenant and agree ss follows: - ls. Aeeekratiosq Rawe~a. >E:cept as'rovMea iw Mra~rap>t 17 hereof. ttPoo >os»wes's is~esch et arty covewtt K agreewewt of lierr~awer b this Mortgage, Mtelndlsq ax eorgrawls to palr wfew doe awy soars seesred Yy tYs Mort~t. i.strier priotr a aceekratlon dab wail wotice to Borrower as /rovtied Iss psrssgraplt 14 fereot spttlfyiw~ tl) eft frtacl;ll) tfe setMw rgdrei b ct,re sssef Meaer; (3) n isle, tsot law tfaw 30 days trove tfe dale tfe ..ace t waxed a)iwrower, fy wfkf ssrsi feeacf wnst be etrredy ewi (4) ryes! blare to ewe stsclt frtati ow er fetore tfe date speelBti 1• eft wotke nay result i• aecekr'Miow of the strwa scented by tfis Morlga~e, [ereciowre fy jrd{eW pe+octedirtg ani swk et tfe troperty. 71te wNict tfsi fwrffer iwtorw /orrewer of tfe riRM fo reinstate after aKedenlbw awd tfe right b awed i• titre toreelosnre proeeeig 6te nonresWenee.d s defwdt or arty offer debwse of lorrower b neeeleratbn smd fosrelotoa. It tfe 6rtaef Y not errsrei ~ or before as: dMe ytel'iej i• eye ¦olirt. iestder at i.errders opiiow nay declare si of tine swrws stew~sd try ills Morisalpe in k Mwsedinfefy ins watt peyaMe wilfoM tnrtfer demand awd way toredose tWs Morlgsgs ly jnikW pnesedlwR. Linder drsN fe sward to collect V s.ef proceeding ar arpeaaa of foreclosure. fwcltrditrg. Ent wN ¦safltd lt. reasowdde stturerr's yea. ` wwi cosh et ita:.'wewhr7 etidewee. afArncb and title report. 19. lorrowa's Rfgft M Rtiwshte. Notwithstanding Lender's acceleration of the wms secured by thr Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time Bt10KJJV PAGE 2`3t T