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HomeMy WebLinkAbout1714 - + • 4 ' ~ ~ i Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums is the manner provided under paragraph 2 hereof. llny amounts disbursed by lender pursuant to this paragraph 7, with interest thereat, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree ~o other harms of payment, suds ~ amounts shall bt payable upon notice from Lender to Borrower requesting payment thereo , arts shall brae interest from the date of disbursement at the rate payable from time to time on artatatrding principal under the Note unless pajnnent o[ i interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest me t permissible under applicable law. Nothing contained in This paragraph 7 shall tequite Lender to incur any exptnae or fate S any action hereunder. { s. Ist~ectios. 1_ender may make or cause to be made reasonable entries upon and inspections of the PropeAy. provided that Lender shall give Borrower notice prior'Id any such inspection specifying reasonable cause therefor related to I.atder's interest in the Property. 9. Co~ieatsstba, '1??e proceeds of any award or claim for damages, direct or wnsequential, in corrtteetion with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assi0ned • and shall'be paid to Lender. in the~event of a total taking of the Property, the proceeds chall be applied to the sums secured by this Mortgage, with the excess; if any, paid to Ba•rower. In the event of a partial taking of the Property, unless Borrower and Larder , ahgrwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds l as is equal to that proportion which the amount of the sums secerred by this Mortgage immediately prior to the date of taking bran 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 ff the Property is abandoned by Barsower, or if. after notice by Lender to Borrower that the condemnor offers to orate an award or settle a claim for damages, Burrower fails 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 tepait of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall trot extend i or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released, Extension of the time for payment or modiftcation of amortization df the sums securod by this Mortgage granted by Lender to any cuceessor in interest of Botrowtr shalt not operate to Zeka:e. in any manner. the liability of the original Borrower and Borrowers successors in interest. Lender shall not be required to eorrirrierioe proceedings against such successor or refuse to extend time for payment or aherwise modify amortization of the sums secured by this Mortgige by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbeat~asce 6y Lender Not a Wslrer. Any fr?rhearance by Lender in exercising any right or remedy hetettnder, or otherwise afforded by applicable law, shall .not be a waiver of or preclude the exercise of any such right or remedy. The proctircment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Larder's - right to accelerate the maturiry of the indebtedness seamed by this Mortgage. 12. Resstdies Csmsbitire. Al! remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised caicurrently, independently or sucoasively. 13. Suceesrors and Assigns Boaad; Joint said Several i,isbilily; Capfiesis. The covenants and agreements herein ; contained shall bind, and the rights hereunder shall incug to, the respective successors and assigns of Lender and Borrower. , subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joirtl and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience .only and are not to lk used to i interpret or define the provisions hereof. i 14. Notice. Except for any notice required under applicable law to be given in soother 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 such ahsr address as Borrower may designate by notice to Lender at provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to Lender's address stated herein o? to ~ such other address as Lender may designate by notice to Borrower ss 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 htrein. 1S. Uaitona Mortgage: Governing Law: Severability. This form of mortgage combines uniform cvvenants for national use and non-uniform covenants with limited variations by jurisdiction to corotitute a uniform security iristrutnent covering real property. This Mortgage shall be governed by the law of tht jurisdiction in which the Property is located. In the F event that any provision or clause of thic Mortgage ar the Note conflicts with applicable law, such conflict shall not aRect other provisions of"this Mortgage or the Note which can be given effect without the conflicting provision. and to thi end the provisions of the Mortgage and the Note arc declared to be severable. I6. )sorrower's Copy. Borrower shall be furnished a conformed cop~• of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Tntuuter of the hoperfy: Awaiptiow. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lenders prior writrcn consent. excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation 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 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 colt or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the inter~•st payable on the sums secured by this Mortgage shall be at such me ac Lenrkr stall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obliptions under this Mortgage and the Note. If Lender saet~ises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shalt provide a period of not less than 30 days from tht date the notice is mailed within which Borrower may pay the sums declared due. if Borrower tails to pay such sums prior to the expiration of each Period, Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hetYaf. Nosy-UKtr~ost~t Covetvetwrs. Borrower and Lender further covenant and agree as follows: lli. Acederatia; Raueiks. Ilsuept st prorliti iw prsgraph 17 hereof. rtposf liorrriwds hstaei d wl' eovarsttt ear a~rtessest of lerrrrwer d this Mortgage, isehsiisg the corewssfs to ~sy when ise atsy wsss seewei h' thfs Mor7RrRe. I,eMer prior to aeeeleeatlea sMsft tstsil taotk^t fo liorrrrwer as'ro•iiei fs'aagsa'h 14 ie*tof stitelfylsgs p) tit isieseh: tee sctiN s~irN Is carrot wet rttcaclq (3) a isle, scot ins Ilan 30 days tt+aw tht tWe the sNiee r sasrti N /srsrwer. i!' wild sarci ieeaei ttstast k ewes tt¦i (4) that taiiure a etwe each iresch ow w retore tht late s~eliti t• the tuotke tqy testtk f• aeceleraliN d t11e was stcw+ci by ills Mortgage. toseclowre b ttad sale of tic TI+olerty. 71ae nsNrs tlatar twlher idorm liortower of tht right to rNtasfah after kctkraNoo alai the Nglk b atsM t. the tortefosrw~t proteetitg fie aotreziMerree d a ietanlf or try other ietesse of Borrower to secekrMios arts torcebwse. N the htreach Y ttM essei M ar idere the isle speeifki b the tactics. l.etaier st l.esier's opiow rosy ieclre aft of Nit wwr seesrsd liy this Mfartgatte b k iwreilsleiy tat asst psysbk without further ieaiand asaf rosy tereetose this Morf~ate h ~ f~~R• Lender chsM k eudtlsi N toYtet i suet'nseesiisg ai upesses of totroclosure. bdsiis~. Est tsM M¦aitti N, reassssile titturrirr't tees. alai costs ~ ioec.~¦eatary eiaeuee. ahstsscb tatai title repro. 1!. Iforrowa's Rkit to Reisotate. NMwithstandinE Lender's acceleration of the sums secured by Met Mortgagt, Borrows shall have the right to have any proceedings begun by Lender to enforce this Mortpge discontinued at any tithe ~~~oK331 P~EZ?1~