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HomeMy WebLinkAbout0820 1 - - na'-' Lender's written agreement or applicabk law: ~B4rt~r',}isall pay ~J~ill!! nt of all mortgage insurance pt~emiums in the . manner provided under paragraph 2 hereof. 3t~ C Any amatnts disbursed by Lender pursuant to this patagr;tph 7. with interest thereon, shall become additional indebtedness of Borrower sccurrd by this Mortgage. Unless Borrower and I ender agree to other terms of payment. such amounts shall he payahk upon notice from I.cnder tlt Borrow(( requectintt payment thereof. and shall. bear interest twat the date of disbursement at the raft payahk farm time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bq$r interest at the highest rate petmissibk under applicabk law. Nothing contained in this paragraph 7 shall require i.ender to incur any expt:nse or take any action hereunder, fl. IaWpeet?iow, lender may make or cause to be made reasonable entries upon and inspections of the Property. providtd that i.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lettdter's interest in the Property. 9. Cowtkwtastiow. '17se proceeds of any award or claim for damages, direct or consequential, in conrsection smith any condemnation or dher taking of the Property, or part therrnf, or for rnrtveyance in lieu of cortdemtt~ti~tt, era assigns! and shalt be paid to Lender. in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by Mis INortgttge. with the excess. if gay. paid to 8ormwtr. In 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 pr+csportion of the proceeds as is equal to that proportion which the amatnt 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 prxeods paid to Borrower. Tf the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make 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 the Properly or to the sums scoured by this Mortgage. Unless l.ende! and Borrower otherwise ague in writing, any such application of proceeds to principal shall 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. Borrower Not Rtleaaed. Extension of the time for payment or modification of ansortizafion of the wins 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 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 Borrowers succeson in interest. ~ 11. firor6earawce br Leader Not a Wttixer.; Any farlrearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicabk last(. shall rust be a waiver of or prsclude the exercise of any such right or remedy. The procurement of insurartca fsr the payment of taxes or other liens or charges by Leader shall not be a waiver of Lender's j right to accelerate the maturity of the indebtedness secured by this Mortgage. i 12. Rcttxdks Caranhsthe. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy ender this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. ' 13. Successors awd AssiRas lltoaad; ~ioiat std Seved i.ia6lBtr; Cspdoas. The .covenants and agreements herein wniained shall tritsd, and the rights lscrt~asst3er sltstll inert tfl. the rrl+estiv~e successors and assigns of Lender acrd Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joirtl and sevtnl. The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be tined to interpret or dtfine the provisions hereof. 14, Nolke. Except for any nistict required under applicabk law to be given in another manner, (a) any tsotiee to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Bornrwer at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Leader shall be given by certified mail. return receipt requested. to [.enders address stated herein or .to SUCrt Olntr address as terra( maY uc~ignaic v~ irin:~a. 2L ,_'^~~a~ IMarin Antr notice DtOVlded for In this Mortgage shall bt deemed to have been given to Borrower or Lender when given in the manner designated herein. IS. Uaitorm MottRage; CotcrniaR li.as~r; Sevtrability. This form of mortgage combines uniform covenants for national use and (son-uniform covenants with limited variations by jurisdiction to constitute a uniform stcurity irutrurrtrnt covering real property_ This Mortgage shall !~e governed by the law of the jurisdiction in which the Property is located. In the t event that any provision or clause of chic Mortgage or the Note conflicts with applicabk law, such conflict shall not aged other provisions of this Mortgage or the Note 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. td. -Eon+ower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. l7. Transfer of the Property; Aststtwptiow. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lenders prior writrcn consent. excluding (a? the creation of a lien or encumbrance subordinate to ~ this Mortgage, fb) the crcatresn of a purchaa 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 fd) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at lender i option, declare all the stints secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the tale or transfer. Lender I :nd the Pe-(son t0 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 intcrc.t t:ayable on the sums secured by this Mortgage shall be at such raft ac Lender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has exocuted a written assumprion agreement accepted in writing by Lender, Lender shall release Borrower front all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance s+r•irh paragraph 14 hereof. Such notice shall ~ovide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums t,:clared due. It 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. Note-I~NIFORM Covt=_rrer?TS. Borrower and Lender further covenant and agree as follows: lfl<. Acctkratioa; Reatedia. Except ss provided hr pragraph 17 hereof. upon Borrower's breach of awr coveanwt K agrterneat of >sorrower iw this Mortgage, hxlndinR the co•eaaats to pr woes dse gay suss sanrd br tbk~MortRage. Lewder prior to aceekndoo shay maY rtotke to Iftorrower as prorWcd is psragnpb f1 bertot specNyleg: (1) tht breach; I21 the sdbw tregnir+ed to care such breach; f3) a date. got less thaw 30 days trove the rite the wotiee d tsutNed to lfbrrossrer. br wbkh saeh baeach wttd be cared; gad (4) that 1sYnre to tare such breach oa or before the date spceided is the sotke war resait Iw scceknKow oft the sttos tteeared br this Mortgage. faecbsnre br judlrisl procesditrg and sale of the ho'crtr. 7Ue aotkt. shah farther iatonw Borrower of the right to rthsshte after accekrstbs and the right to syaert h the toreclosare proecedittg tfN woa•exisfeact o/ a dcfsuk or gar other defense of Borrower to ateekrMiow swd forecloaa. N tike breach b got etrrtd ost or before the date sDeci6ed Ii. tk: aMke. Leader at [.eader's optioa vets( declart aM oft tfie ssutts seetsrcd br thk MortRatge to be ~ imasediatdr due gad prsbk without further demand and mar foreclose this Mortgage bT judkW rroetedisg. i.rnder• shag ~ be eNided to cogaef d such p+octtdiag aB tspeases of toredossrc. hxlsdhts, hot taof Yatited to. treasonable aflnroeb's ices. and costs of dotarweNary evidcate. s6strsNs sad tick reports. 19. Iorrower's Rkht to Reinstate. Notwithstanding Lenders acceleration of the sums secured by thrs Mortgage. Borrower shall have the right to have any procecd~ncs bcN~n by Lender to enforce this Mortgage discontinued at any time . a~33? P~~F 819 -