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HomeMy WebLinkAbout0734 Lender's written agreement or applicable hw. Borrower shall pay the amount of aB mortgage imsuramoe premiums ie the y manner provided under paragraph 2 ht:roof. Any amounts disbursed by I.ertder purwant to this paragraph 7. with interest thereon. shall become additional indebtedness of Borrower secured by.this Mortgage. Unless Borrower and Lender agree-to other terms of paytmeM. such amount: shall be payable upon notice from i.ettder to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable Iran time to time on outstanding principal under the Note trmless payrmatt o[ interest at such rate would be contrary to applicable law, in which event such amounts shall btar interest at the highest rate permissible under spplicabk law. Nothing contained in this paragraph 7 shall rttquitr Lender to iucyu any expeoss a take any sMion hereunder. R la4ectiew, i.ender may make or cause to be made reasonable entries upon and inspections of the Property, provided that l_endt:r shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Letder's interest in the Property. 9. CowdewwNioa, Tht proceeds of any award or claim for damages, direct or eotisequeept}~ i4 Cottttectioa with any condemnation or other taking of the Property, of part thereof, or for conveyance in lieu of cat~emnation, ate fter~ assigned and shall be paid to Lender. 1n the event of a total taking of the Property, the proceeds theft be applied to the wins secured by this Mortgage. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Larder i aherwix agree in writing, there shall be applied to the sums sectrrcd by this Mortgage such proportion of the proceeds ss is egwl to that proportion which Ilte amount of the sums secured by this Mortgage immediately prior to the date o[ taking bears to the torte market value of the Properly immediately prior to the date of taking, with the balance of the proceeds i paid to Borrower. If the Property is abandoned by Borrower, a if. after notice by i_ender to Borrower that the condemnor oRets to tttaloe - an award or xttk a claim for damages, Borrower talk to respond to Lender within 30 days after the date such notice is mailed. tender is authorized to collect and apply the proceeds. at Lender's option, either to r+estontion or repair o[ ibe Property or to the wins secured by this Monpgr. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not attend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of wch installments. - 1!. >forrower Not Relaxed. 8xtension of the time for payment or modiAcation 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 Bc?rrowrr c successors in interest. Lender shall not be required to commence proceedings sgairtst such suaessor or refuse to extend time for payment- or otherwise modify amortia~tiom of the sums secured by this Mortgage by mason of any demand made by the original Borrower and Borrower's successors in interest. 11. Rorbearawee d!' 1[.ettier Not a Waiver. Any forbearance by Gender in exercising any right or remedy heramder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or r+artedy: The procurement of ittsurartce a the payment of taxes or other liens or charges by Lender shall het bye -gwer of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewtcdies Ctrwrrlalive- All remedies provided in this Iortgage are 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 suooessively. + 13. Swecessors ant AssiRws llotrsid: Joint srt~ -Several i.iw6iYy, Captiats. The rnvenamts and agreemnts Reran contained shall bind, and the rights hereunder shall inure to. the respective atreceswrs and assigns of Lender sad Borrower. subject to the provisiats of paragraph t7 hereof. All covenants and agreements of Borrower :hall be joiry and several. The captions' and headings of the paragraphs of this Mortgage err for convenience only and ar+e not to lk used to interpret or define the provisans hereof. 14. Notiee. Except for any naive required under applicable law to be given in another manner, (a) any notice to • Borrower provided fa in this Mortgage shall be given by mailing such notice by ceniAed mail addressed to Borrower at + the Property Address or at such aher address as Borrower may designate by naive to fender as provided herein. and (b) any notice to Lender shall he given by certified mail. return rraipt requested. to t.rnder's address stated harm or to R such aher address as Lender may decignate,by notice to Borrower ss provided heron. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated heron. 1S. Urtitorw Mortgage: Go~erwirtR Tarr: Severability. This form of mortgage combines uniform covenants for nationsi II use and non-uniform covrnants with limited variations by jurisdiction to constitute a uniform security imtrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. in the r event that any provision or clause of this Mortgage or the Note conflicts with applicable law. such conflict shalt not affect ' other provisions of this Mortgage or the Note which can be givrn effect without the oonAicting provision. and to this end the provisarts of the Mortgage and the Note arc declared to be xverabk. I ld. liorsower'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. ; ~ 17..Tnwster of ttie Property: Asswwpiow. if all or any part of the Property or an interest therein is sold or transferred ~ by Borrower without Lender's pray written conxnt. excluding (al the creation . of a lien or arwmbrance subordinate to ~ this Mortgagt. (b) the crcat~on of a purchase mcetcy 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 years a less E 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 or transfer. Lender and the person to whom the Property is a~ be co1J or transferred reach agrcernent in writing that the credit of such person is satisfactory to Lender and that the inter~Kt payable on the sums sccurrd by this Mortgage shall be at arch rate as Lender shall request. 1f Lender has waived the optan to accelerate provided in this paragraph 17. and it Borrower's wcoessor in interest has executed s written assumption a~reemrnt accepted in writing by Lender. Lender shall relwe Borrower from all oblations under this Mortgage and the Note. if itndtr exercises wch option to accelerate, Lender shall mail Borrower ranee of accekntion .in aceordart~ti v?•ith paragraph 14 hereof. Such notice shall provide a period of rat less than 30 days trap the date the ratite is mailed within which Borrower may pay the wins declared due. if Borrower fails to pay such sums prior to the expiation of such period. Lender easy. without further notice or demand on Borrower. invoke soy remedies permitted by paragraph 18 hereof. # E Non-UwttAoant Coverrarns. Borrower and Lender further covenant and agt+ee as follows: ls. Aa~eslessflew; Rawetifes. E+reept a provMed iw ~en~raN 17 resrnt, tt*ew Mrnwes's isewt~ st att~ eoaewawt er j agrsesfart of Mrerwer in 1W M~age, lwc~laiing tMe eosrtswfs to ~ wbew ~s a¦y sows seems y tri Masts. 4wier 6 psfotr M, aaeeksaMsw sbi s¦sY notlee to Bosrower as prorNN iw Msagss/b 11 ttaae[ speeY>~s (1) be fls'et+rfa (2! the selMw spite N etsre wee iseaelr; (3) a tWe. wet less Ilrart 3• days ts~owt the tiafe ttie weffee rs swslsi N 1Nsstiwer. ~ whier streb bsewcrr wust k etsre~ awi (n teat hriltne M twee stub rsraelt a K Iletae tftc date spseYs/. fi the wa+fke way restrN V I wadaatlfaw d tee wtr ~ecweta b' tfb lb/ortgsge• fiseaieswre h 1~~ !s'Ka~ asttl ale et Ne Per~estf. 'life aetiee sltsi iw4er iwtarw llessrawer et fee r(RMt fo reiastale after wsY•slesafiow ssrtl tee rlgM N sssM i• qte tes~aelssese psweeeitg fate wow•esisfewee of s deta¦M or sq outer ietestse of lierrowrr M wcc~els*atiow aai tersclostrse. M Ate ~seaett r wet cwretl ew or Irdae the isle sPseYsi i. fee wofiee. l.ewier st t.ew/er's optiow ws~r dseYse atl w/ fire wtws stxwrei b tYs Mesfgs)pe M k iwweiWely tMe awtt ~aMe wiltto¦1 twsttser dcwanA ores/ wasy tersclsse 1W Meslgags h jwdkW psressitR. lender ~ g be ewfMsi N tenter V weft ! sa aycsses Af terrcloswe. iwcirrils~. test wM rswflsi /e. sewwaYe st1•,rwetr's fee. awti exaNs et ialsclw/wfary evNetxes sDstrsels ssr~ title reMrfs. - t i!. llaswwa's RtsMt N Reltrshte. NotwithuandinE Lender's acceleration of the sums sttcuted by thn Mortgage, ' f Borrower shall have the right to have any proceedings heEun by Lender to enforce this Mortgage discontinued u any time - X339 p~ 7~4