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HomeMy WebLinkAbout2016 ' ~ ~ ~ ~ !~J ' ~ ~ :Si ' Lender's written agreement or applicabk law, Borrower shall pay the amount of all mortgage insurance premiums rn the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and !.ender agree to other terms of payment. such amounts shall be payable upon notice from fender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rats payable from time to time on art:landing principal under the Note unless paj~eserst of interest at ouch rate would be contrary to applicabk law, in which event such amounts shall bear interest at the highest rate permissible under applicabk law. Nothing contained in this paragraph 7 shall require Lender to incur any expetsse a take any action hereunder. ff. lwspecfiow, [.ender may rook! or cause to he made reasonable entries upon and inspections of the Property. provided that lender shall Rive Borrower notice prior to any such inspection specifying reasonable cause therefor related to I.asder'a interest in the Property. 9. Cossdeasasatiow, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or dher taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned ' and :hall belpai to Lender. .in the e}~#'to¢I taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. with the excess, if any, paid to Borrower, in the !vent of a partial taking of the Property, unless Borrower and Lersder 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 date of ` taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the pr+oeeeds paid to Borrower. if the Property is abandoned by Bor:ower, or if. after notice by !.ender to Borrower that the condantsor oRers to make an award or settle a claim far 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 of Ilse Property or to the cams secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extersd or postpone the due dart of the monthly installments referred to in paragraphs 1 and 2 hereof or change the ansounf of such inshitments. 10. >dorrower Nol Rekaeed. Extension of the time for payment or modification of amortization of the sums xcured by this Mortgage granted by Ltndtr 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 eomrrrersoe proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successor in interest. 11. For6earawce 6y I.twder Not a N?drer. Any forbearance by tender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or rerrsedy. The proc:rrtment of irssurartce or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secun-d 6y this Mortgage. 12. Reswedies Canalattit. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by iaw or equity, and may be exercised carrcurrentty, independently or successively. j 13. Swersasors and AssiRas )doawd: Joiwt awd Sexed t.iabilhy; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inrrrg 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 joiRj and several. The captions' and headings of the paragraphs of -this Mortgage arc for convenience only and are rtot to tk used to interpret or define the provisions hereof. 14. Notke. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower pttuvided for in this Monga¢e shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such dher address as Borrower may designate by notice to Tinder a: provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested, to i.ender'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 designated herein. 1S. Uwiforw Mortgage; CorcraiaR Law; Serera6aity. This form of mortgage combines uniform covenants for national ' use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform sxurity instrument covering • 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 chic Mortgage or the Note conflicts with applicabk law, such conflict shall not affect other provisions of this Mortgage or the Nntt which can be given effect without the conflicting provision. and to this end the provisions of the Mortgage and the Note are declared to be severable. 14. >sonower's Co'y. Borrower shall bt furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17..Trawster of !tie irropesty; Assamptlas. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's 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 years or less rsot 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. Leader and the person to whom the Property is a~ be cold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at Birch rate as Lender shall 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 oblj~ations under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance vrirh paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the tsotice is mailed within which Borrower may pay the sums declared due. if Borrower fails to pay such srtms prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remodies permitted by paragraph 18 hereof. Note-1.1NIFORM COVENANTS. Borrower and Lender further covenant and agree q follow:: ifl. Aeederalio~ Reweiks. )gscept r'rorided i• pngnpti 17 iereof, spa sorrrrwes9 6reaels oft awy eorerwt or ap~sewsewt of Berrawer V lick Mortgage. iwelwilrrg !tie corewawts to pr wtiew ewe stay star ss+e~rei ti tyds Mortgage. I.eaier paiK a wecNerwtlow stiaM wool! wotlce to Romwer as'roriied iw pragra~ti 14 tieseot speeltylwg: p) !tie tisacti: (21 else setMw sgsiea a twre sweti Mack (3) • tlw/e. woe less ttiaw 3• Gays crow else date !tie wotiee fs cared M Mst~rwer. by wtikti saes tiseaeti rsrt tie etss~ sssi (n ttial tailwre to care staeti tireacti a or tietoae !tie dale speeYsd rr !tie wotiee way ressN y wccekratlow of !fie sass ssewrer ti7' ttiis Mortgage. terecioswre th? jradkial rsoeetiiwg asatl scale at !tic Ih+operry. Tire wetke sfssM !rattier iwtors Ber»wa of !tic rigtit !o reiwsdte after acceleration awn !tie rlgtit b swert i• ~e tesecisstrse psocseirg tfie wow•e:Mewee of a ietsatlt or gap ottier detewa of >lorrower to aeaelerMisw awl toreelawre. B !tie tir~eaeti it cast etaarai ew or before !tie tale a'ecYsi fi !tie tsotiee. lewder st l.ewtter's opiew say rcelant ar e< rie slaws saewrs~ by ltifs MKlpsgt fa fie iwwaeiiahly dwe awl pyaMe wittiaal ttarttier dewrand acrd Wray teteeioae ttils Mer~age ti jwikW prreaetBwg. Lender stiaM 6e ewtiUei to coaeet V sweti rroeseiiwg V anrpewsa of foreclosare, iwcisdiwg, tiwt woe Bwri/ed M,. reasowsYe atturweYs fees. awl eosb of ioer-~setatary eridewee, a6Nrwcls awta title repro. If. fiorrowa's Rtgit tw Rdawtato. Notwithstanding Lenders accekr:!ion of the sums secured by tMr Mortgsge, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time ' 8333 p~~2014 y a~ y _