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HomeMy WebLinkAbout1297 1 Lender s written agreement or applicable law. Borrower shall pay the amount of all mortgage tasurantx premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7. with interat thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to dher terms of payment. such amounts shall be payable upon notice from !.ender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the: r~tg•payat~le from time to time on a~tstanding principal under the Note unless past of interest at such rate would 6e.conttary tq applicable law, in which event such amounts shall bear interest at the highest rate permissible-under applicable law. Ndhing corttairted in this paragraph 7 shall requite Lender to incur any expewse a fate any action hercurt~er:: Iwspeetisw. Lender may make or~clittse to be made reasonable entries upon and inspections of the Property. provided that (.ender shall Rive Borrower ndice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Cowderwwatbw. The proceeds of any award or claim for damages. direct or oortsequeatial. in connection with any condemnation or other taking of the Prop<r~r; Qr~ ytereof, or for conveyance in lieu of condemnation, are herebryr assigned and shall be paid to Lender. in the event of a total taking of the Property. the proceeds shall 6e applied to the sums secured by this Mortgage. with the excess, if any, paid to Borrower. 1n 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 prooeedt as is equal to that proportion which the amount of the sums soured by this Mortgage immediately prior to the data of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. if the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to mate 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 K authorized to collect and apply the proceeds. at Lender's option, either to ratoration or repair o[ 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 shag not extend 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. lorrower Not Rekated. Extension of the time for payment or modification of amortization of the sums 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 Borrowers successors in interat. Lender shall not be required to commence 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 successors in interest. 11. Forbearance by Lewder Not a R?aiver. Any fort+earance by Lender 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 remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall cot be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewxdies Cturrwlatl~. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded bylaw or equity, and may be exercised concurrently, irtaeperxlentty or suceestivtly: 13. Sweceswrs swd Asigas lioawd: Jdwt awd Shed i.la6iBry; Captlows. The covenants and agreeertertts herein contained shall bind, and the rights hereunder shall incug to. the.rapective successor and assigns of Lender apd Borrower. subject to the provaions of paragraph 17 hereof. All covenants and agreements of Borrower shag be joiry and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are rat to be used to interpret or define the provisans hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner: (a) say ratite to Borrower provided for in this Mortgage shall be given by mailing such notice by certifled rpail addressed to Borrower at the Property Address or at such other address as Borrower may designate by ndioe to i-ender as provided herein. and (b) any ndiee 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. Arty ndia provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. lS. Uwl[onw Mortgage; Coverwirrg Law: Seversbltity. This foram of mortgage combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security.iratnrrrtent covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property a located. In the event that any provision or clause of this Mortgage or the Note rnnflicts with applicable law. such conflict shag not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision.. and to this end the prov'rsiorts of the Mortgage and the Note arc declared to be severable. 1~. •orrowePs Copy. Borrower shall be furnished a conformed coP3• of the Note and of this Mortgage at the time of execution or after recordation hereof. l7..Trswtfer of the Property: Aswwrptiow. 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 or encumbrance subordinate 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 gent of any leasehold interat of three yeah or less i rat containing an option to purchase, Lender may. at Lender's option. declare all the sums secured by the Mortgage to be immediately due and payable. Lender shall have waived Stich 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 writirts that the credit of such person g is satisfactory to Lender and that the inten~st payable on the sums secured by this Mortgage shall be at such rate as Lender ~ shall request. Tf Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in l interest has executed a written assumption agreement stxepted 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 sccordancc with ~ paragraph 14 hereof. Such notice shall provide a period of raw less than 30 days from the date the ndice is mailed within which Borrower may pay the sums declared due. if Borrower faih to pay such sums prior to the expiation of such period. s Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 R hereof. NoK-UNttxoarrt CoverurrTS. Borrower and Lender further covenant and agree as follows: 3 li. AeedeiatioM Rnweiies. BarceM sss provNed Iw paragrapr 17 beset. wpow ){errOwtet's brsaer et atq oavewawt K agree•ewt of iwrrrvwer r. tilt Moefgage. Veladiwi the eotewawK to pq whew dwe aarTr stwws seewroi b tbL Morglage. Lender prior N aeeelerwtlow tbsi rstaN wolke ta)torrswer at provNN M pwragrapr 14 bersat spetl~iags (1) t1e r.eaer; (>n ere setMw rtegtisd N care web >traelq (3) • drtte, ..t hues thaw 3t dap tr+aw Ire dale ue waliee r t>r.ued N >>atrewer. b wrkr and hewer Dort re etrre~ awl (n that taibre N ears web M+eaer s+w K betMe ere dote apec~od V ere wofire stray resaU I. aceeleratlaw at Ire wrest aocwred r7' tris Mortgage. fateelowre ti jwdleial pseete~iiwg atsd sale a>< fro Property. 7Le wetter sra# Iwrtrer rtters iorr~wer of ere riRM a reirdhte after acYdetrMfow awd ere rigrl to asses! V ere f~rseNowre psoceadrrg Ire wow-e:jttewee wt a iefawit or awy Nrer detewoc of >Mrnwes a aecek*atMw awd fatreeiottn+c. If Ire ircaer it wN ewe aw or iefese tie dwte geeliod r ere tactics. Lewder at I.ewder's o/tiow rtatry deeitrre i at Ire wtsn stetrrred ~ brit Mrrl`slpt w re l.ateiihy dwe atsd parents c.flrowt fwrtrer dewrand awd Wray rrsei..e trit M«Igage rr jwdieW praeeeiR. Lender c1aN k ewtldad t. eoioet lies wet pnaesediwg sB espeasa at foreckwre, iwelwdlwg. rrN wet ¦wtilsd M. reatowaMe snurarr's fee. atsd eaNs wt iwe.-+ewtarp e.Yewcw aMtrwett atsi title tsporls. ~ 1!. Mrrawa's R1igM a Reiwtlate. Notwithstanding Lenders acceleration d the sums secured by thn Mortgage. ' Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortpge discontinued at any time ~ BCQK JJ~ PCG~ 7~