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HomeMy WebLinkAbout2633 :~St - . tt ~ Leader's written agreerarnt a appticabk law. Borrower shall pay the amount of all mortgage insurattoe premiums in the manner P~~ udder Pu~N~ 2 hereof. Any jaunts disbursed by Lender purwaat to this paragraph 7, with interest thereon, shall become additional iedebtodwess of Borrower secured by this Mortgage. Unless Borrower and Lrnder agree to other terms of payment. such amounts shay be payable upon ctottee from Lender to Borrower rcquesltng payment thereof, atp~tlt Interest from the dale of disbursement at the rate paysbk from time to time on art:landing principal under the dote `tmtess pa'yrnatf of inrrest at such rare would be contrary to applicable law, in which everts such amounts shall bear interest at the highest rate Pie under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expettae or fate any action Iaaermder. L Leader may make ro carne to be made rcasonabk entries upon and inspections of the Property, provided 1JW Loader shag 1tiK Borrower noriee prior to any such inspection specifying reasonable cause therefor related to Lender's eNerest to the Property. ~ Ceratlrsanrina. The procYeds of any award a claim for damages, direct or consequential, in connection with any eoodemoatioe a other taking of the Property. or part thereof, or for conveyance in lieu of condemnation. arc hereby astigved and shag be paid to Lender. in the event of a total taking of the Property, the proceeds sha11 be applied to the sums secured by this Mortgage, vriith the excess, if any. paid to Botrowrer_ 1n the evrnt of a partial taking of the Property, unless Borrower and Calder otherwise agsee m wrtttng, there shag be applied to the sums secured by this Mortgage such proportion of the prooeede as is egwl tD that proportion which the amount of the sums starred 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. if tine Property is abandoned by Borrower. a if. after notice by Lender to Borrower that the condemnor oRers to make an award a settle a claim for damages. Borrrnwer taih to respond to Lender within 30 days after •the date such notice is mailed. Lender is authoriacd to coilett and apply the proceeds. at Lender's option, either to restoration or rtpair o[ the Property a to the sums secured by this Mortpi[e. Udess Lender and Borrower otherwise agree in writinfe, any such application of proceeds to principal shall not extetd a postpone the due date of the monthly installmrnts referred to in paragraphs 1 and 2 hereof or change the amount o[ such 1~ Bernwer Nat Llleieard, Extrnswe of the time for payment or modification of amortization of the sums stxur+ed b7 Mrs Mortgage granted by Lender to any cuectswr in interest of Borrower shall not operate to release, in any manner, the Liability of the original Borrower and Borrower s successor in interest. Lender shall not be required to commence proceedings against such successor a refuse to ettend time for payment or otherwise modify amortization of the sums secured b)r this Mortgsge by rcasorn of any demand made by the original Borrower and Borrowers successors in interest. il. Firiesraeee Cyr i.esaier NN a lYaivrr Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded bar applicable law. shall not bt a waiver of or preclude the exercise of any. such right or remedy. The prvcwemeet of irastnraooe a the payment of fates or Qther lietns or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. lZ Reweiies man AB remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage a afforded t+y law or equity. and may be exercised concurrently, independently or successively. 13. Sacceamrs sorrel Asrips Mno~ .Tait aril Several i~a`iy; CaplMas. The covenants and agreements herein contained sLnB bind, and the riRltts hereunder shall intrrg to. the respective successors and assigns of Lender std Borrower. subject so the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry and several. The captions ~ and headings of the paragraphs of this Mortgage arc for convenience only and are not to lie used to interpret a de5oe the provisions hereof. 11. NNite. Except for any mice required under applicable law to be given in another manner, (a) any notice to Borrower p~orided for in this Mortitare shall be givrn by mailing such rnotice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by ratite to i.,ender as provided herein, and (b) nay notice to Lender shall he given b7 certified mail, return receipt requested. to Lender's address stated herein or to such other address as Leader may designate by mice to Borrower as provided herein. Any notice provided for in this Mortgage shaA be decried to have been givrn to Borrower or Lender when givrn in the manner designated herein. 13~ UnifEas~ Mestgalpe: Covsrrai.Lt law; SeveraMbty. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations l'y jurisdiction to constitute a uniform security instrument covering ral property. This Mortgage shall br governed by the law of the jurisdiction in which the Property is located. 1n the event that any provisi.. i or clause of this Mortgage or the Note rnnflicts with applicable law, such conflict shall not aged other provisionns of this Mor~gage or the Note which can be givrn effect without the conflicting provision, and to this end the provisions of the Mortgsgc and the Note ace declared to be sevenbk. lf. >Msswwer*s Cam. Borrower shall be furnished a conformed coP1• of the Note and of this Mortgage at the time of acecrntioo a after recordation hereof. 17..'ljleansfer of tic >rtapesty; AstNa*riow. if all or any part of the Property or an interest therein is sold or transferred € by Borrower without Lender's prior written consent. excluding fal the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creatiorn of a pnnrchace mcnev security interest for household appliances, (c) a tramfer by devise, descent or 67' operative of law upon the death of a joint tenant or (dl the grant of any leasehold interest of three years or less i cot ooataioing m option to purchase, Lender may. at Lender s option, declare all the sums secured by this Mortgage to bt ~ rmmodsasety dot and payabk_ Lender shall have vralYrd such option to accelerate rf, prior to the sale or transfer. Lender aed tLae persort to whom the Property is to be colt or transferred teach agreement in writing that the credit of such person € is satisfactory to Leader and that the interest payable on the sums secured by this Mortgage shall bt at such rate as Lender shag regaest_ if Lender has waived the option to accelerate provided in tha paragraph 17, and if Borrowers successor in • interst bas eroeaNed a written ass[mpcion agreeaaatt accepted 'rat writing by Leads. Lender shall reksse Borrower from all obrations carder this Mortgage sad the Note. g iE Lender e:acises such option to aooelerate. Lender shall mail Borrower notice of aceekration in sccordance w•i[h pfrrs~apb 14 6ereof_ Slrc6 notice shall provide a period c+f nor kss than 30 days from the date the notice is mailed within which Borrower may pay the suns declared due. If Borrower tails to pay such sums prior to the expiration of such period, Leader tray. writlrotrt further notice a demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Na+-Uta~onw Co~r+wNn. Borrarrer and Lendu further eovcnant and agra as follows: lft, Aecdeatla¦p ~ Bm~t s ~Yei i pansgra*i 17 irreat, trMta Bwr+tawa's ircati aft any eovesartt K atresseat a[ Barsrwer r thfs Mtrt4,tage, feciatag tic cw.e.nrts t. ~.y whir itae any s>a•s tuetrrei y tLi Mertga`e. tester prior Itr aeedaatlw slat rani nrtce ~ Bmrawer s prrvilci i• rngrapi 14 ierca[ p) tie itenci: (21 tee sxtios retlrid r a~ tort! ireacic f31 • i1f~ sat far Ms 3• lairs fnrta tie fete the nMke r sWel M Barrfrrcr. iy carrel suer iwnei taasst le assset tasni fA tart fsise t. care wci keener M air ltdorc tie late speetiei V tie sotLee nay resdt i aeotlesi at tLie a¦t¦s seetwel i! ~ Mnr~• fiMtcf~rrrt b i~ pt~serleig rani sale at tie lroperty. 71e wetter i sirs firth inirrm Mrsrrwer at tie rigkt r reWatr ttftrr wtaceierafM alai the t•IgM a avert i tie tareeloesre praeeeig t>te wrwerilesoe it a ada.lr.r ay.t~ier letewre .f sen+swer M srcdaalMw and rteda..t:. tl tie iteaela r not creel a>r iefwe the fete a~arclliai 1. !ie nalfec. I.esier >w t.esler't a> fti~w ~ faire all of tie a>ss[r seemed y tYs Mattga10e is rte lrrisley lie a¦i ~aiie witiist tsrtier le.nswa as/ ~ firsciore tYs Mer~age fry j[rlkirl Lender drip k creel ~ a:wird is twtci pneeeiirtg r espessa a>F fireclestrre. Iwcliiwg. ird s[rt •rwitri Mr rteirawalle sttxueYs ftes. ~ tatti earls of aiics~ry tviienee. akraacf: as# title reMrta. I I! Itirriwes'i ~t to RRiirlrl~ NotwithstandinE Lender's aaYlaation of the sums secured by thr_ Mortgage, ~ F Borrower slap Gave the right to have any proceedings LteEttn by l.ender to enforce this Mortgage discontinued at any time fig a1,~332 P~E~I~'6 ~ i ,~-a ~