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HomeMy WebLinkAbout1270 } l.endcr's written agreement a ' fi~a tlarv. Bgri+~~lasll pay the amount of all mortgage insurance premittau in the manner provided under paragrap~4 •lfer of. Any amounts disbursed by Lender pursuant to this paragraph y, with interest thereon, shall become sddrttonal indebtedness of Borrower secured by this Mortgage. Unless Borrovylr and Lender agree to other terms of payment. sutdt amounts shall be payable upon notice from !.ender to Borrower requesting paytnspt !hereof. sad shall bear interest from the date of disbursement at the rate paysbk from time to time on outstandin)s principal •under the Note unless payroeat o[ interest at such rate would be contrary to applicable law, in which event such aMbttnts slralllbear interest at the higbat Tale permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expetns or tabs any action hereunder. • , ^ . >i. lapcetion. i_ender may make or caux to be made rcssonabk entrie~t upon ail~~inspedi~ns of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Iratder'a interest in the Property, i 9. Cowdewaatbn. The proceeds of any award or claim for damages, direct or gp~c~'~~f; art eonnectioa with say condemnation or other taking of the Property, or part thereof, or for conveyance in lieu b nation. are hereby assiaaed and shall be paid to Lender. In 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 Borrower. In the event of a partial taking of the Property. unless Borrower and Leader otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the prooeedt as is ual to that ro Hion which the amarnt of the sums secured b this Mort a ` M P Po y g ge immediately prior to the date o[ taking bean to the fair market value of the Property immediately prior to the date of tsking, with the balance of the pr~ooeeds paid to Borrower. if the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemtwr oQers to mans 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 of We Properly or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not etttead or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the antouat of such installments. ~ ~ 10. rorrower Not Rekar;ed. Extension of the time for payment or modification of amortization of the stints secured 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 eomrrtertoe proceedings against such successor or refuse to extend time for payment or otherwise modify amortiution of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance iY Lewder Not a Waiver. Any forbearance by Lender in exercising any right or remedy heratader, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or roatedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Leader's right to accelerate the maturity of the indebtedness secured by this Mortgage. l2. Rentedia Cttwnlatlve. 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, independently or sucoativeiy. ~ 13. Stteeesors sod Assigns rottwd; ,Joint stta Several 1.iabiltry; Capdows. The covenants and agreeatettts heroin contained shall bind, and the rights hereunder shall intrr~ to, the.respettive successors and assigns of Lender spd Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joitd and several. s The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to tk used to { interpret or define the provisions hereof. 14. Notice. Except for any notice . regtrir+ed under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certiAed mail addressed to Borrower at the Property -Address or at such other address as Borrower may designate by notice to Tender ss provided herein, and ~ (b) any notice to Lender shall 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 thb Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. j 1S. Uniforw Mortgage; Governing I~w; Severabgity. This form of mortgage rnmbirtes tsniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to cor>:titute a uniform security instrument covering ~ ~ real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the i E event that any provision or clause of this Mortgage or the Note rnnflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the oonAicting provision. and to this end rho provisions of the Mortgage and the Note are Jeclarod to be severable. i lf. Isorrower's Co'y. Borrower shall be furnished a conformed roPY of the Note and of this Mortgage at the time E of execution or after recordation hereof. 17..Trander of tAe Property; Assnrnptiow. 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 (al 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 gent 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 immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is to be solJ or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the intcn~ct payable on the sums sccurtd by this Mortgage shall be at such rate as Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Bornower s successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of accekntion in sccordanc-c M•ith paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within r which Borrower may pay the soma declared due. if Borrower fails to pay such sums prior to the expiration of wch period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Note-UN1FOa~t CoveNStr>•s. Borrower and Lender further covenant and agree as fdbws: lg. AcederatioM Rearetliies. Farcept as provYci iw paragraph 17 ies+at, tt*trt If.nrwe.rs rtraaeb .t arty cNesraat K aptattsat ot1 itrtower t• ttt4 Ms~rlgage. itelaibtg tie cetrestartls to pay wien tl~e say sass stetsrttl b IYs Mtr~age. Lsntler 9 lrior p acedesatlon star mail notict ro >torrower as Proviacd M paragrapi 14 ierart speelhittgs (1) tic istn:i; (t) tie acMsw rgsita b ewY stsei treacle (3) • dale. rat ins Wes 3• days frees tie dale tie tsaliet r roarer! N >tsrsstwer. fly wild sari ~ ireaei roast k estrs~ swi N1 fiat ttrrtre N estrt strci t~reari a K iettse tie salt spsei0ei t• tie netiee way sesaN tr aeeeiesatlssr d tie tssws aecttss~ fYy !ifs Moslgage, hstciawre b jr+kial lreeatiMtr.rtatl sale M tie >rs~erly. 71te satiitoee aW fiwier iirdtrw •errawer of tie r1gM w rehtsdle after accekrallow srti tie rlgitt a amen i• tie /tseeMswe psisese~¦g tie non-ssisiewce of a ietsjait er ah otter defeme o/ rorrower M aecekratiaw ssti tereeksrre. K tie ircaei it ast a~rsett oa ~ z or k(tre lie taale sltdiei V fire satire. I,ew/er sM l.es>+er's o*tMw say tkelase at t/ lie haws ssetts~sr ry this Mss1R,sAt N k iwttteiWely tine anti payaik wlilhont fnAier demand arts! way /treelsse Nils Mtetprs i1y jadkW psrctetraR. Lewder dtar 9 ie entlllatl a corset iw tat+ei pneetiiag r tspe.ses rtf torecloswe. Ineirdirrg. itrt ..t Brttitttl M. reasswaik saurrteYa ftes. r a>ai twsl: tt ite.'+ewfary tidenee. abstraels arts title repels. ~ 1!. /ossowa't RIgM f• RsiYatt. NotwithstandinE Lender's accekrstion of the sums securod by thn Mortpge. Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortpge discontinued at any time { !.R E 6cGK R~6E