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HomeMy WebLinkAbout0758 . ' 33~ ' I.endtr i written agreement or appGcabk law. Borrower shall pay the amount of all mortgage insurance premium: in the manner provided under paragraph 2 hereof. # Any amounts disbursed by Lender pursuant Ia Ibis pat graph 7, with interest thereon, shall become additional i indchtedncsc of Borrower sccurtd by this Mongagc. Unlccs Bnrrawrr and Lender agree to other terms of payment. such amcxtnts shall be payable ulxm malice from Lender 14 Borrower regttestinR payment thtreaf. and shall bear interest from the date of disbursemtnt'at the rate payable from time to time at outstanding principal un~,Ihg~l 3 ~ paymrnt of interest at such rate would be contrary to applicable law, in which tvcnt such amounts shalt m t t the highest me permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. . i. iwspeeliow. lender may make ar cause to t+e made rcacartabk entries upon and inspections of the Property. provided that lender shall give 8orrawtr notice prior to any sttch inspection specifying rcasonabk catrse~therctor related to Lsnder's interest in the Property. 9. Cowdewtntlort, The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other taking of the Property. or part thereof, a for conveyance in lieu of condemnation, are hereby sssigtted and shall be paid to Lender. • a in the event of a total taking of the Properly. the proceeds shall be applied to the sums 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 Lender aherwise 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 by this Mortgage immediately prior to the date of taking bean to the fair 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 lender to Borrower that the rnndemrar otters to nuke an award or setlk a claim for damages. Borrower fails to respond to 1_ender within 30 days after the date such notice is j mailed. Lender is authorized to rnllect and apply the proceeds. at Lender's option, eitker to restoration or repair of the Property or to the sums secured by this Martgalte. Unless lender and Borrower otherwise agree 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. Berrowe~ Not Released. Extension of the time for paynt~nt or modification of amortiution of the sums secttred by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release. in any mariner, the liabilitj? of the original Borrower and Borrowers successors in interest. Lender shall not be required to commence proceedings against such successor or rcftrse to extend tune for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. ~ 11. Forbearawce by tLeader Not a Waher. Any forbearance by lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclutk the exorcist of any such right or remedy. 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 acceleratt the maturity of the indebtedness secrtred by Ibis Mortgage. 12. Remedies Comttbtti~e. All remedies provided in this Mortgage arc distinct and cumulative fo any other right or remedy under this Mortgagt or afforded by law or equity, and may be exercised concurrently, independently or successively. t ' 13. Sweeeasors nwd Asslgas Bowwd; .toirtt awd Sereral l.isbility; Captions. The covenants and agresments herein contained shall bind, and the rights hercurwkr shall inttrc to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to interpret or define the provisions hereof. id. Notke. Except for any notice regrtircd 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 certitkd mail addressed to Borrower at the Property Address or at such other address as Borrower mav_ designate by notice to i.ender as provided herein, and (b) any notice to Lender shall he given by cenifxd mail. return receipt requGSttd. to tender'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 I,I Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 'j 1S. Uwitorwt Mortgage; Coverwiw;t Law: Sevenbilitr. This- form of mortgage combines 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 ar the Note 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. j lf. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time I of execution or after recordation hereof. 17. Transfer of the Property: Assnmptiow. If all or any pan 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 subordinate to -this Mortgage: (b) the crcatran 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 jaim tenant or (dt the grant of any leasehold interest of three ytan or less rat containing an option to purchase, Lender may. at Lender i option. declare all the sums 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 ~ and the person to whom the Property is ru be salt or transferred reach agreement in writing that the credit of each person is satisfactory to Lender and that the interr.t Fayable on the sums secured by this Mortgage shall be at such rate ac lender shall request. If Lender has waived the opion to accelerate provided in this paragraph 17, 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 Natl. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordartc-c with paragraph 14 hereof. Such notice shall provide a period of na less than 30 days from the date the notice is mailed within s' which Borrower may pay the sums oxlared due. If Borrower fails to pay such arms prior to the expiration of such period. Lender may, without further notice ar demand on Borrower, invoke any remedies permitted by paragraph IR hereof. ; € NoN-UNIFORM CovEtVeNTS. Borrower and Lender further covenant and agree as folbws: ti. Acceleration; Remedies. )E:ceps as providd is peragrRb 17 betreot. Rua iorrawer's bread d gay coeaaN ar ' agrecncat of Sorrower b this Mortgage, hclediwg the co•eaaMs to py whew age gay saws sectrrd dl' tbk Motrtgage. i.ewder prior to accekntbs shag mail wotice to Borrower as prorided Iw paragraph 11 hereof spccMyhrg: (1) the Meaclt:l2) the aetba regtrlred b cue swch breach; (3) a date. got less thaw 30 gays from the gale the wotice b ewatacd b Berro..er. by whkb sweb btteaeh mtatt be cares: gas (1) thM taflarc to care serch breach oa or bdore the gate RtcM(ed iw the nofke army resell iw sccekratioa of the saws acctrrea by this Mortgsge. feseelosartr by jaaicial preetsshti gas soh! a< Iht Property. Tire woliet ~ shat/ fwtthcr intones Borrower of the right to reirrsfafs after aeeekratbw awes the right b astM M the fortclosare proeeeafag tie sow-a:istewce o/ a aetatat or gay other aeftnse o/ Borrower to accelerMiow awes toreclowre. N the breach is got eaten ew or before the date specifies iw the wofke. Lewder at I.eirders aptiow Wray declare r at the wtrrs steered by this Mortgage b be ; - immediately doe gad pyabk witboat farther demand and mar foreclose thY Mortgage by jasicW praeeedirtg. 1.rndershaM F be entitled to colleel r saeh proceednag sN a:petrses of forcchtsare. faclasiai. bwt oaf Wwitd ta. reasonable sttnraer's .fees. } gas eosK of doewraeMary etriseace. sbstracls and title reporu. ~ 1!. Borrowers Rt:ht to Reinstate. Nawithstmdmg Lenders uceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proct~dmec brim by Lender to enforce this Mortgage discontinued at any time ~ r BOOK ~ PAGE 7V0 - ~