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HomeMy WebLinkAbout0855 i Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the ~ manner provid~~l under paragraph 2 hereof. ~ ~ Any amounts dishttrst:d by Lender pursuant to this patagApA ~,.tivirh intrlf~ tLierton, shall become additional indehtcdncss of Borrower secured by this Mortgage. Unles Borrower and !.ender agree to Mher terms of payment, such „mM,ntc shall F+c payable upon ne+tice from l ender tc± Bc~rmwrr req„csrinR p~ymont thereof. and shall bear interest from the F date of disbursement at the rate payable from time to time ore outstanding principal under the Note unless payment of interest at such rate would !>e contrary to applicable law, in which even! such amounts shall Ixar interest at the highest rate ; permisaibk under applicable law. Nothing contained in this paragraph 7 shall require !.ender to incur any expense or take any action hereunder. , a. Iws}ecliow. Lender may make or cause to be made reasonable entries upon and inspections of the Properly, provided that I_endt:r shall give Borrower notice prior tti any such inspection specifying rca:onabk cause therefor related to Lender's interest in the Property. 9. Cowtterwwalbw. 'The proceeds of any award or claim for damages, direct or cotuequential, in connection with any condemnation or other taking of the Property. or part thereof, or for conveyance in lieu o[ condemnation. are hereby assi=ned and shall be paid to Lender. in the event of a total takina~of the`1tit~operty, the proceeds shall be applied to the sums secured bythis 1?~ortaage, s with the excess. if any, paid to Borrower. in the event of a partial taking of the Property. unless Borrower and Leoder otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amatnt of the sums secured bye this Mortgage immediately prior to the date of taking bears to the tale 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 tender to Borrower that the condemnor oRers to make ~ an award or xttk a claim for damages, Borrower fails to respond to Lender within 30 days after the daft such notice is ~ mailed. Lender is authorised to collect and aptly the proceeds, at Lender's option, either to restoration or repair of fire Property or to the sums secured by this Mortgage. Unless Linder and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend or postpone the due date of the monthly installmrnts referred to in paragraphs 1 and 2 hereof or change the amount of such installments. lA, >sorrower Not Released. Extrnsion of the time for payment or moditkation of amortization of the sums secured by this Mortgage granted by Leader to any successor in interest of Borrower shall not operate to rekax, in any manner. the iiabitity of the original Borrower and 8orrov,-tr's successors in interest. Linder shat! not be rrgoired 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 successors in interest. ~ 11, Rorbearswce by lewder Not w Wwher. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable loot, shall not be a waiver of or preclude the exercise of any such right or ttirttedy. The procurement of insurance:~r 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 by this Mortgage. 12. Remedies CwrwnWive. 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 successively. 13. Sweeessors awd AsstRws )sowwd: Joiwt strd S>•venl I.isbliiryr; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender acrd Borrawtr. subjtxt to the provisions of paragraph 17 hereof. All covenants and agreernenis of Borrower shall be joiry and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and arc not to be treed to interpret or define the provisions hereof. 14, Nottee. Except for any notice required under applicable law to be given in another manner. (a) any notice to f Borrower provided for in this Mortgage shall be given by mailing such notice by certittd mail addressed to Borrower at the Property Address or at such other address as Borrower map designate by notice to fender as provided herein, and (b) any notice to Lender shall he given by certified mail. rctum receipt requested. to [.ender's address stated herein or to such other address as Lender ma deci pate b notice to forrower as f,^: i:: !k» ; Y R Y proviocci i,crcu,. nn~ ia,::cc j..".,::..,.,. Mortgage shall be deemed to have been given to Bc?rrawer or Lender when given in the manner designated herein. ' IS. UwBorsw Morigaxe: Gorerwiag Law: Sevenbilitp. 'll,is form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by ji,ricdiction to constitute a uniform security instrument covering . era) property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. 1n the event that any provision or clause of this Mortgage ar the Ncue conflicts with applicable law, such conflict shall not affect 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 arc declared to be severable. lf. lorrower's Copy. Borrower shall be turnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. IT. Traasicr of the >rroptrty; Asswmptiow. it all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding lest the creation of a lien or encumbrance subordinate to this Mortgage, (bl the crcatton of a purchase money security interest for household applianta. (c) a transfer hp devise, descent or by operation of law upon the ckath of a joint tenant or (dt the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may. at Lender s option, declare all tht 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 colt or transferred reach agreement in voting that the credit of such person is satisfactory. to Lender and that the intcrc.t Fay able on the sums secured by this Mortgage shall be at such rate as Lerttkr shall request. If Lender has waived the option to accelerate provided in this paragraph 1T, and if Borrower'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 Nae. If Lender exercises such option to accelerate. Lender shall mail Borrower ratite of acceleration in accordart~ti with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within s which Borrower may pay the sutras oxtared due. if Borrower fails to pay such sums prior to the expiration of such period. Lender may, without further ttdice or demand on Borrower. invoke any rcrnedies permitted by paragraph t R hereof. Note-UNIFORM CovENSNTS. Borrower and Lender further covenant and agree as follows: la. Accekratiow; Remedks. B:espt as provided Iw prtKrsplt 17 hereof. wpow lorrovree's 6rt:ach of .wy covewttwt K ~ agmwacwt of Borrower b this Mortgage. irtclttdinR the covtwstds to py whew dtae ay swass secwrd by thls~MotrtRage. i.ewder ptrior to accekeatiow shag trod! wotke to Borrower as provided Iw psragraph 11 hereof apetityia~: (1) the brrwcb: (21 the srtiow ~ j regwLed to nee strc~ breach; (3) w dNe, woe less thaw 30 days tram the date the wotke d wtaNed to Borrower. by which sweb 6eewcb sd k ctrrttd: awd (4) that faWre b cwre stash breach ow or before the date speeYted b the wotiet tway rexttM iw aecderatlow of the swrws sacctared by this Mortgage. forecloswre by jwdkial poceediwg awd sale of the hoperly. The wotiee. shah hrribcr iwtotna Bortwwer of the riRM to rtitMde after acrekratiow wwd the right b assert h the fotrccleswre poeeedlrrg the wow-esistewce of w default or awe other ddewse o/ aonower to wecelerNiow wwd toreciawse. H Me breach k woe ewttd ew or before the date specified i• the wotke. Lewder at Lender's ~tiow wwy declare sr of the ttttrrts seetat+ed try this MortgttAe tau 6e iewttsediately dtte swd pyabk witbowt twrtber demand and wtay•toredose th4 Mortgage h jtrdicW proceed<wR. f.enderchall • be etMitled to coYcct Br strcb proeeediwR aw a:pewses of forecloswre. lwdwdittg. bwt woe Welted to. rcasowablt att•,rnrr's free. awd costs of docwrwewtwry tNdewce. abstrwcts swd title reports. l9. Borrower's R~Itt to Reiwstate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage. j Borrower shall have the- right to have any proceedings t,eN~n by Lender to enforce this Mortgage discontinue) at any tune s s