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HomeMy WebLinkAbout0765 )t j ~ ' ~l''~ 1 endet's svntten agreement or applicahle L•iw. Borrower shall pad the anwunl ot`al~morlbaf:c imuranre premiums in the m:rnnrr pn+vided under paragraph 2 hcrcof. Any anx+unts dishurced M• lender pursuant tr this paragr;?ph 7, ss•ith interest thereon, shall heronte additional indeh?edness ~+1 Borrower secured by this Munga~e. l'nless Burrower and I en+ler agree to other terms of payment, such anunmK shall Ix payable up++n notice from I ender to B.+rruwer reyuestinc p;?yntent thereof. and shall Fear intercd from flit date of dishursemcnt at the r,?h payable from time to time un outctandinu principal under the Note unless payment of interea at such rate ssoultl t;~yugtt~r • trt :?ppli~ahle lair. in which cvem such am~~unts shall bear interest at the highest raft permissihk under appy {o~ aw.. 1~k~hing contained in this paragraph 7 shall require Lender to incur any expense or take any action hcrcundcr. 8. Imprction. lender rosy make or cause In he made reasonable entries ulxm and inspections of the Property. provided that 1 coder sh;dl give Borrower notice pri++r to any such inspection specifying reasanahle cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with any condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, arc hereby assigned and shall he paid to !.ender. In the went of• a total Taking of flit Property. the procecdc shall tk applied to the come cccurcd by this Mortgage. with flit rscccs. if am•. paid to Borrower. In the event of a partial taking of flit Property. unless Borrower and lender utherwix agree in writing. there shall he applied to the sums u~curcd M• this Morteage such pmlx?rtion of the proceeds as is equal to that pmlx~rtion which the amount of the sums .ecured by this ~Mrtgage immediateh• prior to the dale of taking hears to the fair market value of the Property immediately prior to the date of taking. with the balance of the proxeeds paid to Borrower. if flit Propene is abandoned by Borrower, or if_ after notice by Lcndcr to Borrower that flit rnndemnor offers to make an award or settle a claim for damage.. Borrower fails t?• reslxaul to Lender within t0 days after the date such nolicc is i mailed. [.ender is authorized to collect and apply the proceeds. at !.ender ~ option. either to restoration or repair of the ~ Property or to the sum. secured M• this liortgagc. E l.'nlesc Under and Bormwrr otherwise agree in writing. ans• sorb application of proceeds to principal shall not extend or pcntpone the due date of the monthh• installments referred tr in paragraphs 1 and 2 hereof ++r ch;u?gc the amount of wch inctallmcntc. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mort~agc granted by Lender to am• succesutr in inrerest of Borrower shall not operate to relcace. in any manner. the liability of the original Borrower and Borrower's succes.ors in intcrcct. Lender shall not he required to rnmmence f•roceedingc against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured hs• this Mortgage by mason of am• demand made by the original Borrower and Borrowers successors in interest. 1. Forbearance by ixnder lot a V1'ais•er. Am' forFkar:utcr he I coder in exercising any right or remedy hcrcundcr. or otherwise afTorded by applicahle law, shall not Ile a waiter of ++r preclude the exercise of am• such right or remedy. The procurement of insurtnce or the payment of taxes or other liens or charges hs• Lender shall not he a waiver of Lender's right to accelerate the maturity of the indehtedncss secured hs' this liortgagc. 12. Remedies Cumulative. All remedies pnn ided in this Mortgage are distinct and cumulative to any other right or remeds• under this'.liortg.tge or afTurded M• law or equity.:?nd may he excrciscd concurrently. independently or successively. li. Succeccon and :ksciRns Bound: ]oint and Seseral Liabilih•: ('aptions. The rnvenants and agrcentents hcrcin contained shall hind. and the rights hereunder shall inure A~. the rcspcctive successors and assigns of 1_ender and Borrower, subject to the pruvi:ions of paragraph 17 hcrcof. All cuven:utts and agreements of Borrower shall he joint :end several. -The captiom and headings of the paragraphs of this '\Tortcago arc for convenience only' and arc not to be used to interpret or define the pmvisionc hcrcof. 14. \otice. Except for any notice required under applicahle law to he given in another manner. (al any nolicc to Borrower provided for in this Mortgage shall he given by mailing such nolicc by ccrtificd mail addresu:d to Borrower at the Property Address or at such other address as Borrower rosy de.i~~nate by notice to (.ender as provided herein. and I th) any notice to Lender shill ik given M~ ccrtificd mail..rrturn reccif+t requested. to I enders address stated herein or to sa~ch other address as Lcndcr rosy designate by notice to Burrower ac provide.! hcrcin_ :any nolicc provided for in this ~turtgagc shall Ile domed to have Ikon given to Borrower ~+r I ender when given in flit manner designated hcrcin. 1~. Uniform ~1ort,a~e; Guverninf: Law; Seserabilih~. This form of mortgage combines uniform covenants for national Ilse and non-uniform covenants with limited variations by jurisdiction to constitute a unilotTn security instrument rnvering real property. this 'ltorlg.tge shall Fk governed he the law of the juri.diction in which the Property is located. In the went that ant provision ur clau.e of this 3lortgage ur the \ute conflicts with applicahle law. Inch conflict shall not affect .+ther pr,+sisiuns of this !liortgagc ur the Note which can hr Lisen rtTect without the a+n(licting provision. and to this I~ red the procisiorn of the Mortgage and the \ote are declared to f+e severable. i 16. Borrower's Copy. BMr+~wef shall he furm.hed a c+utfarnted ropy of the tiotr and of this Mortgage at the time ~+1 execution or alter recordation hcrcof. ~ 17. Transfer of flit Property: Assomption. If all ,+r am part of the Property or an interest therein is sold or transferred ! by Borrower without Lender's prior written content. excluding (at the creation of a lien or encumbrance subordinate to this ~•lortgage. Ili) the creation of a purchase munec security intcrcct for household appliances. Ic) a transfer h}• devise, descent or hs• operation of law ulx~n the death ul a n+int tenant or (d? flit grant of any Icaschold interest of three years or less nut containing an option to purchase. Lcndcr may.:rt 1 ender'. option. declare all the sums secured h}• this Aortgage to he { ~mmediatels• due and payahh. 1 coder shall have waived such option to accelerate if. prior to the sale or transfer. Lender anJ the person to whom flit Pn•perty is to he sold ur transferred reach agreement in writing that the credit of such person is satisfactory to Lcn.lrr and that the interest payable on the runts secured M' this Aiortgage shall be at such rate as Lender .hail request. If lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in mterest has executed a written assumption agreement accepted in writing by Lcndcr. 1_ender shall celeste Borrower from all ubligationc under this ]liortgagc and the Notc. s If i_ender exercises such option to accelerate. I ender shall mail Borrower notice of acceleration in accordance with s j paragraph 14 hcrcof. Such notice shall provide a period of not less than 30 days from ,)he date the notice is mailed within which Borrower may pay the sums declarcJ due. 1f Borrower fails to pay such sums prior to the expiration of such period. 1_endcr may. without further notice or Demand on Norn,wer. invoke am remedies permitted by paragraph 1R hereof. Norr-IIMIFOR\t Covt=_rvA~TS. Borrower-and Lender further covenant and agree as follows: 18. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage. including the covenants to pay when due an}• sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower n provided in paragraph 14 hereof specifying: (1) the breach; (2) the action t required to cure such breach: (3) a date. not less than 30 da}•s from the date the notice is mailed to Borrower, by which snch breach must be cored: and (4) that failure to cure such breach on or before the date specified in the notice may resWt in acceleration of the sntrts secured by this Mortgage. foreclosure by judicial proceeding and sale of the Property. The notice - shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cared on or before the date specified in the notice. Lender at lender's option ma}• declare all of the sums secured by this Mortgage to bt immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shag - ; be entitled to collect in such proceeding all expenses of foreclosure. including, but not limited to, reasonable attorney's fees, and costs of documentary evidence. abstracts and title reports. • 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. Borrower shall have the tight to have any proceedings begun by tender to enforce this Mortgage discontinued at any time I gel( ~ ~JU PAGE i . r-~ - _ _ -