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HomeMy WebLinkAbout0256 ? ) - Lender's written agreement a applicable law. Borrower shall,paY the amount of all mortgage insurance premiums is the manner provided under paragraph 2 hereof. Any amounts disbursed by !.ender pursttanl to this paragraph 7. with interest thereon. shall become sdditional } indebtedness of Borrower secured by thn Mortgage. Unless Borrower and lender agree to other terms of payment. wch amounts shall be payable upon notice frpttt i.ender to Borrower requesting payment thereof, and shall bear interest from the i~i date of disbursement at the rate payable from tune to time on agstanding principal under the Note unless payrrt of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rata rmissibk under a Ircabk law. Nothin contained in this era ra 7 shall uirc Lender to incur an ex a take Pe PP • g P g Ph ~ y Pew ; any action hereunder. ' lagectioa. i.ender may make or cause to be made reasonable entries upon and inspections of the Property. provided { that !.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders ) interest in the Property. 9. Costreswaatbw. The proceeds of any award or claim for damages. direct or consequential. in connection with any j condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. arc hereby assigned 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 Mortpge. ; with the excess, if an , aid to Borrower. in the event of a 3 y p partial taking of the Property. unless Borrower and Larder t otherwise agree in writing, there shall be applied to the sums sectrrcd by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums sccurcd by this Mortgage immediately prior to the dale o[ taking bears to the fair market value of the Property immediately prior to the dale of taking, with the balance o[ the proceeds ~ paid to Borrower. ~ if the Property is abandoned by Borrower. or if. after notice by lender to Borrower that the condemnor oRets to matte ~ i an award or settle a claim for damages. Borrower fair to respond to Lender within 30 day= a[ter~the date loch notice a mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoratign.or repair of 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 shall not extetsd or postpone the due date of the monthly installments referred 'to in paragraphs 1 and 2 hereof or t.'trange the amount of such installments. 10. rorrower Not Released. )~xtension of the time for payment or modifkation of amortization of the sums secured by this Mortgage granted by i_ender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrowers successor in interest. 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 ofrny demand made by the original Borrower and Borrower's successors in interest. 11. Forbearatee r7' Leader Not a Waiver. Any forhearance 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 not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured hy~this Mortgage. 12. Reasediea Ctasalaave. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or af[orded by law or equity, and may be exercised concurrently, independently or successively. • 13. Sacceasors oar AtaiRas >souad: Joht aai Several i.iabiWy; Capaoas. The covenants and agreements herein contained shall bind, and the rights hereunder shall inrrr~ to, the respective successor and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All covcnants and agreements of Borrower shall be joiry and seven!. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and are not to lk used to interpret or deAne the provisions hereof. 14. Notice. Except for any notice required 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 aher address as Borrower may designate by notice to i.ender as provided herein, and (b) any notice to Lender shall he given by certified mail, return retxipt 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 this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. IS. Uattonw Mortgage: Goveraitslt Law: Sevenbility. This form of mortgage carbines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute 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 ~ event that any provision or clause of this Mortgage or the Note conflicts with applicable law; such conflict shall not affect other provisions of this Mortgage or the Note which can be given etlect without the conflicting provision. and to this end the provisions of the Mortgage and the Note arc declared to be sevenbk. ld. lorrowers Cory. Borrower shall be furnished a conformed cop)- of the Note and of this Mortgage at the time e of execution or after recordation hereof. t 17..Tradfer et tee Trorerty: Asstrarptiow. 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 wbordinate 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 a less not 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 such option to accelerate if. prior to the sale a transfer. Lender and the person to whom the Property n ti. br cold 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 soured by this Mortgage shall be at such me as Lender i shall request. if Lender has waived the option .to accelerate provided in this paragraph 17. and if Borrower s successor in E interest has executed a written assumption agreement scaptod in writing by Lender. Lender shall release Borrower from all obljystions under this Mortgage and the Note. ~ if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of nit less than 30 days from the date the notice is mailed within which Borrower may pay the wms declared due. if Borrower fails to pay such sums prior to the expiation of such period. Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. Not+-Ur+t~atnr Cover+aNrs. Borrower and Lender further covenant and agree as iollo+rs: li. Aeedesatit~ Rewedta. 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K tee Mtath b sat etaei M l or Mlare tee isle apeeltiei i• tee aNiet. !.coley N l.ertiers eerier ~ ieclare all at tee er seetared by Mb Mestgttge Oa re r¦~e1y ice sett rayaMe wHroat tarirer dearaad oar atq toseelae trb Merle by jaiieW rtraeeeiaR. Lender der ~ re eatlMei b a+aract Y sloth rrrcetiiag r carcases of foredostsrtr. laelaifag. hot fret r¦rilsl trt„ reasaaaMe stturwetr's fees. . atsl casts at iaesrmeahq! e~ileaa. aMtraels sal title repro. 1!. rarrowa's Rtght t• ReiaMak. NdwithstandinE Lenders acceleration of the sums secured by the. Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time acorRC~S P~cE 2~ i