HomeMy WebLinkAbout0064 . i,,
r
Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance pttnrtitrnts in the
manner provided under paragraph 2 hereof,
Any amounts disbursed by Lender purwant to this paragraph 7. with interest thereon, shall become sdditional ~
indebtedness of Borrower secured by this Mortgage. Unless Borrower and !.ender agree to Qtlpr tstls~d payment. such
amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, atld'shafl bear interest fray the
date of disbursement at the rate payable from time to time on outatandmg principal under the Note unless payraeot 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 experae a fate
any action hereunder.
>R 1 Tender ma make or catux to be made reasonable entries u and ins ;
• Y pen portions d the Property, provided
that Lender shall give Borrower notice prior to any arch inspection specifying reasonable cause therefor related b Larder's =
interest in the Property.
9. Cosdewratlow, 'The proceeds of any award or claim for damages, direct or consequential, in cortrrediort with any
cottdemnatan 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.
Tn 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 Bormwe~. Tn the event of a partial taking of the Property, unless Borrower and mender
otherwise agree in writing, there shall be applied to the sums secured, by this Mortgage such Proportion of the prooceeds
as is equal to that proportion which the amount of the sumo secured by this Mortgage immediately prior to the dale o[
taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance d the proceeds
paid to Borrower.
If the Property is abandoned by Borrower. or if. after notice by I_cnder to Borrower that the oondemnoc oA`ers to snake
an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days aher the date such notice is
m~ikd, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair d 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 shorn not extend
or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount d
such installments.
10. Borrower Not Released. Extension of the time for payment or modification of amortization d the sums-secured
by this Mortgage granted by Lender to any successor in interest of Borrower shah not operate to rcksse, in any manner.
the liability of the original Borrower and Borrowers successors in interest. Lender shall not be required to commence
proceedings against such successor or refuse to extend time for payment or otherwise modify arnortiration of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. j
ll. Forbearawce by I.cwder Not a N+aiver. Any forbearance by Lender in exercising any right or remedy hereunder. of
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 Shan not be a waiver d Lender's
right to accelerate the maturity of the indebtedness seamed ~y this Mortgage.
l2. Rewtedics Corsuhdve. 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 concurrently, indeptnderrtly or wooessively.
• 13. Ssccessors awd Asdgss Eorrad:.loiwt awd Several I.is6iYy, Captions. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the.respective atrccessors and assigns of Lender and Borrower.
subject to the provisions of paragraph 17 hereof. All rnvenants and agreemertu of Borrower shall be jolty and several.
The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to tk used to
interpret or deAne the provisions hereof.
14. Notke. Except for any notice required under applicable law to be given in another manner. (a) any ratite to
Borrower provided for in this Mortgage shall be given by mailing such notice by certifed mat addressed to Borrower at
the Property Address or at such other address as Borrower may designate by notice to Tender as provided herein, and t
(b)-any notice to Lender Shan 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 design;fed herein.
1S. Uslfona Mortgage: Goveniag Law; SevcnbNity. This form of mortgage combines uniform awenants for national ~
use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform sxurity iratrument ooverirtg
nerd property. This Mortgage shall bt governed by the law of the jurisdiction in which the Property u located. In the
event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict span not aRect
other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this
end the provisions of the Mortgage and the Note arc declared to be severable.
lf. Iiorwwer's Co'y. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
of execution or after recordation hereof.
~ 17..Tssiader of the Assam flow. Tf all or an
~ Property: p y part of the Property or an interest therein is sold or transferred
~ by Borrower without Lender's prior written consent. excluding (al the creation of a lien or encumbrance subordinate to
this Mortgage, (b) the creation of a purchase money security interest for household applianoa, (c) a tntufer 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
twt 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 aooelente 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
is satisfactory to Lender and that the inter~~ct payable on the sums secured by this Mortgage shall be at such rate as Lender
shall regtxst. tf Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower
i successor in
F interest has executed a written auumprion agreement accepted in writing by Lender. Lender Shan release Borrower from all
E oblijations under this Mortgage and the Note.
if Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in sccordanc~ with
paragraph 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 sums declared due. Tf Borrower fails to pay such sums prior to the expiration of such period.
Lender may, without further.notice or demand on Borrower. invoke any remedies permitted by paragraph lg hereof.
Note-UHtl:onwt Covaxarrts. Borrower and Lender further covenant and agree as follows:
ls. Acederdfow; Reme~es. 1P.tc~t as p~ovtied is garagra'i 17 terser, tspw Iterrewes'a Meaeh d atsy crveMwt er
agrceasast of lerrewer d tits Mortgage. isela~rtg tie eoreaaNs to f~a7 when dwe sy saxes stesrei i7' this Morf~e, laser
prlott to aceekratbw stsar wuY wotlce b lonewer as'rovMe4 b paragra*i 14 ierevtT ~eelylags (1) Ile ttreaei: (2) tie ac1Mw
re'airei b twee wet irescb: (3) a drle, wet less tlurr 30 asys trora tie late tie wotiee it asaiei b •arrewer. i!' wild ssd
ireaei swnst k ewrsd; ant (4) fiat fsiirre b etsre stscir ireati a w ietose tie hte geelAa~i b tie works rnsy resale v
~ of tie stsr secwrer i7' tits Mortgage. feseAowre b jtsdkial MoceaiMrg astl sale et ties Mperty. 11c works
sit farrier istorw >torrvwer et tie right b nidRatc after aeeekntbw awd tM rigtst b assert lrs tie toreelssare pseeesig
bt sox-e:lsleace of a detawM or ay crier retewse of Borrower b acceleratiow awl taeeloatrrt. B tie breach Y rat ewred •
or before tic rate gedied is tie sotke. Lew/er at Lewaer's optiow rssry dselare r d tie tttwrts stxtsrei i!' tits Mertgsge b k
imate~ely dwe awl pwraMc witbwt farrier dewrand awe Wray toeeeteas tits Mortgage r!' ~W N~tt• Lender dull
is ewtitle~ b eooaet iw wet Nit all es'ewsa of terecbsme. isclwila`, B¦t set r¦tited 1a. fr...w.iie sllurweYs fee:, {
asst seals of iaea-~sewtary svideace, abatncb awl tick repro.
l!. )ionewes's RiBit to Reisratate. Notwithstanding Lenders acoekntiort of the sums sawred by this Mortgage.
Borrowu shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time
8tht
K~J PAGE 64
F
t
~ -