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HomeMy WebLinkAbout1299 • ~ . 4 Lender's Nrritten agreement or applicable law. Borrower shall pay the amount of all mortgage insurance praaitrms in the manner provided under paragraph 2 hereof. ' Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional t indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon native from Lender to Borrower requesting payment thereof, and shall bear interest ftnm the date of disbursement at the rate payable from time to time on artstanding principal under the Note unless paytrseat of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest tale permissible under applicable law. NMhing contained in this paragraph 7 shall require Lender to incur any expense or take 1 any action hereunder. ~ g. Istapeetiow. i.ender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower native prior to any srsch inspection specifying reasonable cause therefor related to Latdt:r's interest in the Properly. 9. Cowdewwabow, The proceeds of any award or claim for damages, direct or consequential, in connection with any f 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. . in the event of a total taking of the Properly, 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 Botmwer and Lender { otherwise agree in writintt. there shall be applied to the sums secured by this Mortgage such .proportion of the prooeedt u is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Properly immediately prior to the date of taking, with the balance of the: pr+ooeeds paid to Borrower. ` 1f the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the oon_ demnor of[ers to teats 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 repair a[ the Property or to the sums secured by this MonRa(te. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extasd or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the snsount of s,~ch installments. 111. Borrower Not Released. Extension of the time for payment or modification of amortization of the stuns set~rred by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower s successors in interest. Lender shall not be required to commence proceedings agaitrst such successor or refuse to extend time for payment or otherwise modify amortintion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. 11. Forbearance by Lewder Not a N?a3rer. Any forbearance by Lender in exercising any right or remedy heretnrder, or j otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. i The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Larders right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewselies Ctwer>ti~. All remedies provided in this Motagage 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. Swccesaas acrd Asdgws rowwd: Joiwt wi Several i.iabirfy; Csptioas. The covenants and agreearents herein _ contained shall bind, and the rights hereunder shall incug to. the respective succaswn and assigns of Lender spd Borrower. ' subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be jary and several. The captions' and headings of the paragraphs of this Morlgage arc for convenience only and are not to I3e used to ~ interpret or define the provisions hereof. 14. Notke. Except for any native required under applicable law to be given in another manner. (a) any notice to Borrower proovided for in this Mortgage shall be given by mailing such notice by cenifled mail addressed to Borrower at the Properly Address or at such other address as Borrower may designate by notice to i.tnder as provitlod herein, and (b) any notice to Lender sha0 he given by cerlified mail. return receipt requested. to Lenders sddress stated haein 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 Leader when given le the manner designated herein. ]S. Uwifortw Monpfle; GoverwLrg Law: Sererabiiity. This form of morlgage combing uniform covenants for national f use and _non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. 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 atkct other provisions of this Mortgage or the Note which can be given eQect without the conflicting provision. and to this end the provisions of the Mortgage and the Note arc Declared to be sevenbk. IL. lsorrewers Cory. Borrower shall be furnished a conformed cop~• of the Note and of this Mortgage at the time of execution or after recordation hereof. I7..Trawder of ere Prorerty: Asswtwptiow. Tf all or any parl of the Properly or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creatan 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 not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be s immediately dtx and payable. Lender shall have u•rived arch option to accelerate if. prior to the sale or transfer. Letrder and the person to whom the Properly is to be co1D or transferred mach agreement in writing that the credit of such person , is satisfactory to Lender and that the interest payable on the sums secured by this Motagage shall be at such rate as Lender ; shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Botmwer s successor in t interest hss executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower tram all obljgations under this Morlpge and the Note. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with panrgraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the ratite is mailed within € which Borrower may pay the sums dxlared due. If Borrower fails to pay such Burns prior to lire expiration of such period, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph Ig hereof. NON-1JNIfoaM CoveNAN•rs. Borrower and Linder further covenant and agree ss follows: ~ Ill. AeteleeatloK Rewsedia. Ifscert a rrovMei r rwragrarr 17 rered. rrirow raerawes'a beacr e< awy arzwa.t K ap~eement of liaer+awer V tiia Meetgage. ere corttwtstsb to nth whew ire tswy wsr aewetl r'!' Iris MaelRage. Easier wiar to aeeek!*wtlww srai wswi.ogt:tt to ioerawer s rrorMed h ratagrwrr 14 t~wof sreelfylwgr (1) bse teary: t2) ere tsctiew ~ re7wrel Is etsre tatcr reeaer; (3) w ia1e, wM lea Ww 3t days trews ere late bye setke is srttietl M ratrrawer. b wrki wet recast !!wM rte eere~ tstatl (n brat taWsre b etsrc wcr reeaels ow er re[ae ere late geelretl r else sotiee t..y resrrM i• acedt~tlos aE eke rsw attewertl y brb Mortgage, teacaioawrc y iwdicial rsweaeiittg rtni rule at ere hrrerty. Tye sratlte slap ttariier isfarrw ronwwer d rise right to eehstale after aeeekrabow awl else rlgrt b ataert M ere taeeelestsse rsaeeeig ~ dse ¦ow-rdderaee of w iefawM or sty atlser lefewu Of borrower t0 acceleratbw awtl forseiowre. g bse is+eaew b nN etss~ai M j or reteee ere lMe areeiial i• ere sotke. Leakier st l.ewtiers ortlaw teary deelaee tsr of bse rang seewsi b tYa Maelgage Io lee issaeiiNely tisse ttsi rayaMe wifrotst ttwtrer detnanA awd way fossrleee Iris Maefsage h jwtlkW rneaeissg. Ltrrrde? dent i re asfibeti N career r wet rneeelitsg r Kra of foreclowre, Iwclwtiiwg. rrsf set lf¦silei ta. rtwwaYt sttwrrer'a tea. ~ ttratl oats a< tiiaes.~ eriletsce, abatrwcb awl title retorts. i I!. iiaeetawa'a lR4rt to Reigate. Notwithstandintt Lenders acceleration of the sums setasred by thr Mortgage, Borrower shall have the right to have any procesdings begun hy. Lender to enforce this Mortpge discontinued u any tithe f- yY ~_%a