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HomeMy WebLinkAbout2943 _ • ~ r 3 Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage instuatrox premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender a~roe, tp ~{~e( berms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment t4er~Do(. t+rjd tcilall bear interest from the date of disbursement at the rate payable from time to time on artstanding principal under the Note unless pa~rment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any adion hereunder. x 1waMectiew. i_ender may make or cause to be made reasonable entries upon and inspections of the Property, provided that i_ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Cowdemwatior, The proceeds of any award or claim for damages, direct or consequential, in oonrrection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. arc hereby assigned and shall be paid to Lender. )n 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 Lender otherwise agree in writing. there shall be applied to the sums sectrrrd by this Mortgage such proportion of the proceeds ? as is equal to that proportion which the amarnt of the sums secured by this Mortgage immediately prior to the date of 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. t 1f the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the con_ okmrror offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notiox is mailed, Lender is authorized to collect and apply the proceeds, at Tinder's option, either to restoration or repair of tyre F Property or to the sums secured by this Mortgage. Urrtcss Lender 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 heroof or change the amount of such installments. r 10. borrower Nof Rekascd. Extension of the lime for payment or modification of amortization of the wms second ~ by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to reksse, in any manner, the liability of the original Borrower and Borrowers successors in interest- Lender shall not be required to eomrrrerroe ~ i proceedings against such successor or refuse to extend time for payment or otherwise. modify amortization of the sutra secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's suceeswn in interest. I1. Forbearswce 6y Lewder Nof s Waiver. Any forbearance 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. 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 secured by this Mortgage. f 1Z Remedies Crmshrtite. 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 be exercised concurrcntty, independently or successively. 13.. Srcceasors sod A>~ boned; Joint awd Seved i.isbiNry; Csptiows. The covenants and agreements herein contained shall bind, and the rights hereunder shall~inur~ to. the respective successors and assigns of Lender apd Borrower. subject to the provisietrs of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiri 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 herrnf. 14. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower ptoovided for in this Mortgage shall be given by mailing such notice by certified mail address4d to Borrower at the Property Address or at such other address as Borrower may designate by nodoxr to Tender a: provided herein, and (b) any notice to Lender shall he given by certified mail, return receipt requested, to tender's sddress stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this r Mortgage shall be deemed to have been given to Borrower or Lenrkr when given in the manner designated herran. 1S. UwNorm Mortgage; Goverrisg Law; Srverability. This form of mortgage combines uniform covenants for national _ ( use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering 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 ar the Note conflicts with applicable law, such conflict shall not aged ~ other provisiars of this Mortgage or the Note which can be given eBect without the oonfliding provision. and to ihi: ~ end the provisions of the Mortgage and the Note are declared to be severable. IL. borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time I of execution or after recordation hereof. 17..Trswder of the hoperty; Aswrrptiow. Tf all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior writrrn consent. excluding (a) the creation of a lien or encumbrance subordinate to f this Mortgage. (b) the crcat~on 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 leasehold interest of three yeah or less not containing an option to purchase, Lender may, at Lender s option, declare all the sums sceurcd by this Mortgage to be immediately due and payable. Lender shall have waived inch option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is to be co1J or transferred reach agreement in writing that the credit of such person j is utisfactory to Lender and that the inters-st payable on the sums secured by this Morigagt shall be at arch rate as Lender shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all oblijations under this Mortgage and the Note.. • if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance N•ith panigraph 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 wms declared due. Tf Borrower fails to pay such arms prior to the expiration of each period, , Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph lg hereof. NoH•Ur+tFOtrnr Covenetwrs. Borrower and Lender further covenant and agree as follows: 4 li. Arcderstiom Remedies. Etro:ept as prorldei sa psragrarlr 17 `erect, rpw borrrwes's rseaer of awry eovewt K # agreemewt of borrower V tits Mortgage. belydisg ere eo~ewarrls to py view ire any attrsa aeerrei ti tries Mortgage. levier prbr b seeeleratlow arrB wnY wotke to bomawtr as provided Iw pragrapi 14 res~eot a'seitylsgr p) ere rrKaer: (>h ere aetiew rgrirei b sae are` rresd~ (3) a ire, wet eras steer 30 days from ere late ere wotice r maYei b bsrrswer. i!' wrkr seer ``east sat re ewre$ awi (4) test faiirre b sere seer `rest` ow or `does trt date s'ecYei V tie wotke rosy restit 4 s steekraliow of ere ape aaaei by tits Mortgage. tareebwrs ti jrdicW ~roeeeiiwg swi sale of ere >rropery. Tee wotiet seat t`ri`ce dform bo```wer of tie right b rdwstste after aceekrMbw awes ere rigW b assert fs trt toraTaane ~roeeeifwg ere wow~esWewce et s idsrit or any otter ieterrse of borrower b acceleratiow art torrscioarre. Mere rreaer is wet errrsi a or 6etore flee iate:lesiici V ere wotke. lewder at [.crier's optbw rosy iceWe a1N of ere sans aseaei b seta Mortgage b re t immedrtely dre awi pyabk vitro`s fe`t`e` demand and may forscloae sets Maaigaga h' jrikW'nese~. Lender tlrall ~ re ewtitlei a eoiket iw srcr'rocsediwg V espeosa of toreclosrrc. iwcTriirg. rrt wet kited b. t+eaaewsYe stt.,rrretrs fees. a¦i coats a< irc~wewtary eridewce, srslraeta awi title reprts. 1!. borrower's Rigit to Reiratate. Notwithstanding Lender's acceleration of the sums secured by the Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mompgt discontinued at any time ! 4 eI~oK3~ Pec~~2