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HomeMy WebLinkAbout0794 , l . t,~~ Lender's written agroetnent a applicable Mw. Borrower shall pay the amount of all mortgage ittsttrartce premiums in the manner provided under paragraph 2 heroes. Any amounts disMused by Lender pursuant to this paragraph 7. with interat thereon, shall bccarte additiatal inckbtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree toti~~,ef payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof.' M bear Mterest tram the date of disbursement at the raft payable from time to time on attstandirtg principal under the Nok unless pajrnteat of interest at such rate would be contrary to applicable law. in which event such amcwnts shall bear interest at the hightwt rate permistubk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any esperae or take any action hereunder. Iwgcctiow, !.ender may make or cause to be made reasonable entries upon and inspections of the Property. provided that !.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to I.atdePs interest in the Property. 9. Cowdemwatiow. The proceeds of any award or Claim for damages. direct or consequential, in connection with any i condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. in the event of a total taking of the Property, the proceeds shall be applied to the arms secured by this Mortgage, with the excess, if any, paid to Bom?wer. In the event of a partial taking of the Property, unless Borrower and !render ~ 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 by this Mortgage. immediately prior to the date o[ taking bean to the fair market value of the Property immediately prior to the date of taking, with the balantx of the proceeds paid to Borrower. if t pr~e{;Z l:_~bgndone~l h~ >;prrower, or if. after notice by 1_ender to Borrower that the oondemrar offea to make } an awa~opeN~:a:cjwrr~•for<daigages~?Borrower fails to respond to lender within 30 days after 'the date such ratios is mailed, Le tc ~ ` '~1b,. nd apply the proceeds, at sender's option, either to restoration or repair d the ~ Properly otl~1~~R"~c~~ort a = • g ge. Unless en ran rower 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 ~ such installments. 18. igsrrower Not Rek~. Extension of the time for payment or modification of amortization of the sums aecured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to rekaoe, in any manner, i the liability of the original Borrower -and &?rrower c sr~ccessors in interat. Lender shall not be required to canmenoe proceedings against such successor or rcfttse to extend time for payment or otherwise modify antortintion of the stems secured by this Mortgage by reason of arty demand made by the original Borrower and Borrower's successors in interat. 11. Forbearance r7' Lender Not a waiver. Arty forbearance by Lender in exercising any right or remedy heretrrtder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. - The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lendtn's right to acceknte the maturity of the indebtedness secured by this Mortgage. 12. Rewtedks Coat~htive. 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. i 13. Sweeewas snd Asdgws >douwd: ,Joint awi Several i.iabiiilp; Captions.. The covenants and agreements herein contained shall bind. and the rights hereunder shall incug to. the.rapective successor and assigns of Lender and Borrower. i subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joir~ and several. The captions-and headings of the paragraphs of this Mortgage arc for convenience only and ate not to be used to - interpret or define the provisans hereof. - a 11. Notke. Except for any notice required under applicable law to be given in another manner, (a) any ratite to 1 Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such aher address as Borrower may designate by rtotiee to i~nder as provided herein, and (b) any notice to Lender shall he given by certified mail. return receipt requested. to i.en_ der's sddress stated herein or to i such other address as Lender may designate by notice to Borrower u provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated het+ein. 1S. Uniform Mortgage; Governirrg Lar. Severabiiity. 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 or the Note conflicts with applicable law. such conflict shall not affect f other provisions of this Mortgage or the Note which can be given eQect without the oonAicting provision. and to this ? end the provisions of the Mortgage and the Note arc declared to be severable. lf. lonower's Co'p. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tints of execution or after recordation hereof. 17..Trander of trt Pr+o'ertp; Assnwrptiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the crratan of a lien or encumbrance wbordinate to this Mortgage. (b) the crcatton of a purchase money security interat for household applianea. (c) a transfer by devise. descent or by opentidn of law upon the death of a joint tenant or (d> the grant of any kaaehold interest of three year or less ' not containing an option to purchase, Lender may, at Lender s option, declare all the sums secured by This Mortgage to be immediately due and payable. Lender shall have waived such option to acceknte if. prior to the sale or transfer. Lender and the person to whom the Property is to be cold or tnnsterned reach agreement in writing that the credit of such person is satisfsctory to Lender and that the inter~~ct payable on the sums secured by this Mortgagt shall be at arch rate as Lender shall request.. i[ Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in interat has executed a written atnumption agreement accepted in writing by Leader. Lender shall release Borrower from all obljgations under this Mortgage and the Note. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in secordartcti: M•irh pattitgraph 14 hereof. Such notice shall provide a period c?f not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay etch stems prior to the expiration of such period, I Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1R hereof. .i . 2 Nor+-UNrt~ortut CoveNertrs. Borrower and Lender further covenant and agree as follows: lfi.' AeCdaatloN Reweiia. L?sceM w'rovYsd i• MragraN 17 reroaf. tt*o. igerrNraro Meaei et trq careaant K f agree~t of ionewer t• lris Mar/gage. Iwelwiing ere eorenawb to !w3' whew ire aqr sans tetwei bf trio Merlgage. Iwwiet prior M we~eelerwtiow sri wtail notice to iiorr~ower s prorMed b MragrapA 14 recto! geetfjlwgs Ire Mover; (21 ere aetMw r+goiod a ere weer Meaer: t3) • bolt. wet loo tLn 3• days front the hte the tsetke <r swore/ N Mrrawer. try ttrltielt strelt M+aefr runt re ewr+e~ awtl (n toot .tailrtre is ewre toaclt Mears o. er ttdwe ere date geeifisa iw ere .otiee Tray trestrlt law aeeeleraeiaw et Ire wars oeewrt+ lip Mss Mortgage. feaaiooore b i~ proeee~iirtg a¦tl sale at ere Trorerty. 71te nMke oraM ttrrtrer iwtocwr rorrrwer d ere right to reinstate otter tieeektratiow ar~i err rigir! a nasert i• ere faseiewn ltrsceeittg Ire wowtxistewee et s dettNlt or tu7' Nrer defense of rorrower to accekrstMw artd foceciu..r+t. R ere ireaer <r wet awroi M ar Mgare ere fiats yeelietl r ere woeiee. !.ender at I.ewder's optiow nnp deemme err et Ire wtr stewtsd b tW Moregsge N be iwmsiiolelp drre awi MpaMe witrowl twlrer demand awd tt~sp fenrcl.se trit Marrs by jrikial prresedlag. Lender dear Ire e¦IMei M eeYset M saver preceding sr espewses at /oreelosrrrte. lweiniirrg. lot wN rwrMar M. rew.aMe snwrter's fees. awtl eats et reestrwewtarp eridewee, a~straeb trtr/ title repels. 1!. fliorr~owa'e Rltlrt t• Rdttotate. NotwithstandinE Lenders acceleration o/ the sums securod by thtt Mortgage. Borrower shall have the right to have any proceedings begun by Lender ro enforce tha Mortgage discontinued at any time _ ~ 1~ . 8~~ PAGE ~4