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HomeMy WebLinkAbout1918 • _ ~ i Lender't written agreement or applicabb kw. Borrower ahaU pay the amount of all tnostgage insuransx ptemitatra is the manner provided under paragraph Z hereof. Any amounts disbursed by !.ender pursuant to thh paragraph 7, with interest thereon, shall become additional 'indebtedness of 8orrowcr ss:cured by this Mortgage. Unless Bormwer and Lender agt+oe to other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of d'tsbursetnent at the rate payable from time to time on outstanding principal under the Note unless ps}rnrsatt of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permisssbk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any experae or take any action hereunder. ' Iagieetiow. i_ender 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 Larder's interest in the Property. 9. Cowds?wrwstiow, The proceeds of any award or claim for damages, direct or rnnsequential, in connection 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 proeefds shad! • be ~ applied to the sums secured by this Mortgage. with the excess, it any, paid to Borrower. In the event of a partial taking of tFK Property, unless Borrower and Larder ~ otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion o[ the prooeeda as is equal to that proportion which the amount of the some secured by this Mortgage immediately prior to the date o[ 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. ' If rite 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, Linder is authorized to collect and apply the proceeds. at Lender's option, either to restoration a repair of the Property. or to the sums secured by this Mortgage. • Unttis Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or.pastpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change tht amount o[ such installments. ~ ' 10. Borrower Not Reksascl. Extension of the time for paymtnt or modification of amortization of the sums tasxur+ed by this Mortgage granted by Lender to any csaccessor in interest of Borrower shall not operate to rekare, in soy manner, the liability of tha original Borrower and Borrower c successors in interest. Lender shall not be required to commence 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 wecessors in interest. 11. Rorrearawce rT Lewder Not s Rhdver. Any fofiearance by Lender in exercising any right or remedy hesttmder, or otherwise aBorded by applicable law. shall not 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 LendePs j right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewrcdks Cawra4flse. All remedies provided in this Mortgage are distinct and cumulative to any other right or 3 remedy under this Mortgage or sdiordcd by law or equity, and may be exercised concurrently. independently or successivtly. 13. Saceessors awl Assrigtas Eonad; ,Iofat sand Several iLbi~ty; Captions. The covenant: and agreements herein contained snail bind, and the rights hereunder shall incug to. tlae respective successor and s?ssigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All rnvenants and agreements of Borrower shall be join and several: The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to lie 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 provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at sucti other address as Bormwer may designate by notice to i.ender as provided herein, and, (b) any notice to Lender shall he 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 Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. IS. Uwitorar Mortgage: Goverwiwg Law: Seresabgity. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifomr security instrument coveting 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 this Mortgage or the Note rnnflicts with applicable law. such conflict shall not aRect other provisions of this Mortgage or .the Note which can be given effect without the canflicting provision. and to this end the provisans of the Mortgage and the Note arc declared to be severable. !f. 1on~nwers Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..'Ilrawafer of ire Tr~operty: Aasomptisra. if all or any pan of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a1 the creatan of a lien or encumbrance wbordinate to this Mortgage. (b) the crcatson of a purchase money security interest for household appliances, (c) a transfer hp devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less riot containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender ' and the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such person 3 is satisfactory to Lender and that the intent payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers wccessor in interest has executed a written aswmption agreement accepted in writing by Lender, Lender shall release Borrower from all oblWttions under this Mortgage and the Note. ' If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordasxe with paragraph 14 hereof. Stich notice shall provide a period of not less than 30 days from the date the notice is mailed within I which Borrower may pay the sums declared due. if Borrower fails to pay such wms prior to the expiration of such period. t Lender may, without further notice`or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NoN-UNIrartt?t CovENervrs. Borrower and Lender further covenant and agree as follo+rs: ls. Aaceieratloa; Remedlea. Farcepf sts psrovNel iw panRra/r 17 rt!reot, wpw lorrrrwera breacr of awy corerwt er agreeassst d lerrower b trig Masrtgage. 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Leveler at I.ewlers pptbw Wray leclwre aB at tre sarws seetrsa! iy this Mortsgpc Ia k imrsaiWehr dwe stal payaik witrorrt twrtier demand sand rosy tersciose ttrb Mer~aBe b jwsiicW pnesesirR. Lender slant ~ k eatlltleti N te/sct r wet poeeeiiag sti expcwes nt forecloswre. IaclasWrg. tat feet rrwilsl M.:ewwaile satt•xwer'a tea. i sad eattb of iaea-mewfary eridewee. abstrwcb sari tick rsporb. l!. >tonvwa'a Rlslrt to Rdwsrtati. Notwithstanding Lenders srccekration of the sums secured try thr_ Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time Bti~K c~.'!JV PAGE