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HomeMy WebLinkAbout0307 • J ~ . . i Lender's written agreement a applicable law. Borrower shall pay the amount of all mortgage iawraaoe ptemiunrs iw the manner provides! under paragraph 2 heroof. Any amounts disbursed by Lender pursuant to the paragraph 7. with interest thereon, shall become stlditanal indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other teens of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless pa'yrnent of E interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the hight~t rate permiuibk under applicable law. Nothing contained in .this paragraph 7 shall require Lender to incur say experae err take any action hereunder. IR Iws~ectiow. !.ender may make or cause to be made reasonable entries upon and inspections of the Property. provided that lender shall give Borrower ndice prior to any such inspection specifying reasonable cause therefor related to Larder's interest in the Property. 9. Cowdeswatlow. The procccds of any award or claim for damages, direct or consequential, in eonrrection with awy 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. . 1n the event of a total taking of the Property, the proceeds shall be applied to the sums st:cured 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 secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the daft: of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balanex of the proceeds paid to Borrower. if the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor oRen to make i an award or settle a claim for damages. Borrower 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 o[ the ~ Properly or to the sums secured by this MortRatte. Unless Lender and Borrower otherwise agree in writing, any such application of proca:ds to principal shall not euttard ~ 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 modifkation of amortization of the stmt: secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to re:kase. in any manner, the liability of the original Borrower and Borrowers successors in inte:rat. Lender shall not be required to commt:noe proceedings against such successor or refuse to extend time for payment or otherwise modify amortiutan of the sums . secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. 11. Rorbearawce by Lewder Not w R?aiver. Any forbearance by Lender in exercising any tight or remedy herarader. of otherwise afforded by applicable law, shall not be a waiver of or pereclude the exercise of any such right or t+atredy. The procurement of insurance or the payment of fazes or other liens or charges by Lender shag not be a waiver of Larders right to accelerate: the maturity of the indebtedness secured by this Mortgage. ti Resedks Cwwrwlafive;. All rcme:dies 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, independently or successively. 13. Sweceswrs awd Aw>ign bawd: Joiwt awd Several i.iabiBty; Captiews. The covenants aed agreements herein contained shall bind, and the rights hereunder shall inure to. the respective succaswrs and assigns of Lender sad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agrexments of Borrower shall be joiry and several. The captions' and headings of the paragraphs of this Mortgage are for convenience only and are not to 13e used to interpret or define the provisans hereof. 11. Notlee. Except for any notice required under applicable law to be given in another manner. (a) any ratite to Borrower pt+ovide:d for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at Such other address as Borrower may designate by notice to Lender ss provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to Lender's wddreas 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 herds. j 1S. Uwitors Mortgage: Goverwiag Law; Severability. This form of mortgage combines uniform covenants for national ; use and tan-uniform covenants with limited variations by jurisdiction to constitute a uniform security imtrument oove:ring ~ 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 conflicts with applicable law. such conflict shall not aRex:t 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. Isorrewer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time g of execution or after recordation hereof. 17..Ttawster of the Property: Asgwrptiow. 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 (a) the creation of a lien a arcumbrance wbordinate to this Mortgage. (b) the creation of a purchase money security interat 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 years or less not containing an option to purchase, Lender may. at Lender s option, de:clarc all the sums secured by this Mortgage to be immediately due and payable. Lender shall have a•rived arch 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 is utisfactory to Lender and that the inter-st payable on the sums secured by this Mortgage shall be at wch rate as Lender shall request. if Lender has waived the option to accelerate provided in this psngraph 17, and if Borrowers successor in i interest hu executed s written assumption agreement aceepted in writing by Lender. Lender shall release Borrower from sll oblisations under this Mortgage: and the Note. ~ If Leader exercises such option to accelerate. Lender shall mail Borrower ratios of acceleration in accordann: v?•irh 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. if Borrower tails to pay such stems prior to the expiration of leech period, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph Ig hereof. NoN-UNtt ottt~t CoveHarrrs. Borrower and Leader further covenant and ap~ee ss fdbws: lfi. Acedesatie~ Rewredfa. Except m ~rovWed iw pragrn'Ir 17 hereof, wpw lsenewer's <Neaer of sn eeveMwf ex agrcewt~ewt of ~errower b Ws Mortgage. Irre~irrg the corewsds to Hwy whew dwe aer3r tasters seewei by tlris Merfgttge. Lewder I ~ to wecekrwtios steal! sell ewtlce b >totre..ex as pro•Ned b ~rsgraph 11 hereo[ speeltylrrgs (1) the hrewch; (2) the aerial relsire~ to glee wash hre>acin (3) a eWe, sw less thaw 30 dap recta the sale the wotlcc r twwred N Bernwer. by whkh strch i breach swM he esseel; teas (4) that twWrre N glee ssch breach a ex before the date apecYed r the solke sy eestrM r , secelerwliew err the awes eeewad by fhle Mortgage. tereclossre fry jtrdklal preteseiiwg awi sale of the lhe'erty. Tha tseUee j slat tsrther iwtotw liotrower err the right to tr~state after seeeietNiow awd the right N alert f• the taeeMa¦re ~rseeeefriwg # the sow•esiMaree of w ektalt or rely other deteiwse et Borrower to accelerMfos awd torecloawre. N qre hrexh r tsN ewreel oa or hdort dre eliNe specYei r the asotiee. Lewetet at I.ewder's optiow say eleelwre V er[ the nss eeesr~ei by tW McAgwtae >r hs irrrseiislely elrre sett! pwyaMe withowt tatlrer dcwranA read sway tateioat: tlrls Mer~age tt7' ~W ~rtseetelffwft. Lerwder sUai ~ be estltlei f• ceiett fw nch'roeeselliwg >r tttrpetases of totecloswre. iwclsdlwg. hat tract M¦ritei N. reaaewwMe t+lturwer'e ha. asi atilt of ioeetrwartary evi4wee+ wMtrscls awi title ape?rb. 1!. Iterrowa'e Right ter Reirta~te. Notwithstanding Lenders trtxekration of the wms secerrod by the. Mortgage, Borrower shall have: the right to have any proceedings begun by Lender to enforce R Morectpge discattinued at any time BGOK ~J PAGE