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HomeMy WebLinkAbout1338 • Lender's written agreement or applicable low. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amortnts disbursed by Lender pursuant la This paragraph 7, with interest thereon, shall become additional indebtedness of &irrower securt:d by this Mortgage. Unless Borniwer and Lender agree to other terra of payment. such amcxrnts shall he payable upon notice fmm l.cnder to Borrower requesting payment thcrcp~anifsh~rbgar interest from the date of disbursement at the rate payahk from time to time on outstanding principal un rib e~,ii unless payment of interest at such rate would be contrary to applicable law, in which event ~citch amounts shall bear interest at the highest rate permissible under applicable law. NMhing contained in this paragraph 7 shall require I:ender to incur any expense or take any action hereuttde:r. ' R Ittu}ec8ow, Lender may make or cause to be made reasonable entries upon and inspections of the Ptopetty, provided that Tender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor elated to Larder's interest in the Properly. Cerwaewrsprtlow. The proceeds of any award or claim for damages, direct or consequential, in eonrrection with any coerdemnaCton or other taking of the Property, or part thereof, a for conveyance in lieu of condemnation. are heeeby assisneed , and shall be paid to Lender. in the event of a total taking of the Property. the proceeds shall bep applied to the wms secured by Kris Mortsage. with the exexss. if any, paid to Borrower. Tn the event of a partial taking of the Property. unless Borrower and Larder otherwise agree in writings. there shall be applied to the sums secured by this Mortgage such proportion of the prooeedt as is equal to that proportion which tht amount of tht 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 i_ender to Borrower that the condemnor otters to make an award or settle a claim for damages, Borrower fail. 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 n.pair of the Property or to the sums scoured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extene! or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. Ifit Borrower Not Rem. Factension of the time for payment or modification of amortisation of the wms sexvrcd by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in sny manner. the liability of the original Borrower and Borrowers sricccssors 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 wccessors in interest. ~ 11. Rorbearawce by iewwaer Not s WaWer. Any forbearance by l.ender.in exercising any right or remedy herermder, or otherwise afforded by applicable law, shall not be a waiver of or preclutk the exercise of any such right or ranedy. The procurement of insuranex fir the: payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the matunty` of the indebtedness secured by this Mortgage. 12. Rewxdjes Ctenwwhrlire. All remedies provided in this Mortgage. arc distinct and cumulative to any ochre right or remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or successively. ' 13. Sweeesaoss awd AssflRws Dowtsel: ,7oiwt asra Severn i.iabiBry; CaNiorrs. The covenants acrd agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender acrd 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 are for convenience only and are not to be reed to interpret or define the provisions hereof. 11. Notice. Except for any notice required 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 certified mail addressed to Borrower 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 Lender shall be given by cenificd mail. return receipt requested. to tenders 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 Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Uwiforw MotAgaRe; Goverwiwg Law: Sevenbility. This form of mortgage combines uniform covenants for national use and iron-uniform covenants with limited variations by jurisdiction to constitute a uniform xcurity instrument covering real property. 'ibis Mortgage shall be governed by the law of the jurisdiction in which the Property is located. Tn the event that any provision or clause of this Mortgage or the Note conflicts with appltcabk 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 are declared to be severable. 1~. totrr+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. 17. Traiufer of the )rroPesq: Asastwpliow. 1f all or any part of the Property or an interest therein is sold or tnnsterreod by Borrower without Lenders prior written consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage. fb) the creation of a purchase money security interest for houxhold appliances, (c) a transfer fiy devise. descent or by operation of law upon the death of a joint tenant or (d1 the grant of any leaxhold interest of three years or less not containing an option to purchase, Linder may. at 1_ender'c 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 sale or transfer. Lender and the person to whom the Property i. to be colt or transterrcd reach agreement in writing that the credit of such person is satisfactory to Lender and That the interest Fayable on the sums secured by this Mortgage shall be at such rate as Leader shall request. if 1_ender has waived the option to accelerate provided in this paragraph 17, and if Borrower i successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall rekax Borrower from all obligations under this Mortgage and the Note. if Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the Burns oxlared But. if Borrower tails to pay Bitch sums prior to the expiration of such period, Linder may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. Norr-UtvrFOanr COVENANTS. Borrower and Lender further covenant and agree as follows: J la. Acceksatiow; Remedies. >E:ceps m Provided iw pragrapt+ 17 hereof. oPow )jorrowes's bleach of airy corewawt err agreewrewt of Borrower iw this Mortgage. iwcludirrg the corewaMs to py whew doe awy sottas steered by this Mortgage. Leveler to accelentbw shatl wraN settee to Ifbrrower as provided fw pragraph 14 hereof sptcMyhrg: (1) the 6reach:121 the aetiow f segtsirea to care ssch 6nacb: (3) a dMe. wet less thaw 30 days trorw the date the wotice M wraileel to •orrower. by whkh ssrelr i bleach twtsst be need: awes (4) that tailare to care such breach esr err hetore the date sPtcMd iw the tsotie^t ttsay testtlt iw ~ acceleratiow of the srass seeareel 6y-thB Mortgage. faeclosemt by judkial poee~iwt awl sale of the fteoPerty. The wotiee shall ferrtber iwfonw llbrrowcr of the riRM to reiwstate after accektatba sad the riRlrt to amen iw the faeelosrrse /roeeeellitte ' the wow-existtwce of w defarrk or dry other derctrse of sotrrower to acceleratiow awe! tofreloare. N the MeacM k wet erKe+! ow err before the date sPtefbtel sir the wotke. Lewder at I.ewder's oPtbw wrwy declare a8 of the wtess seetweA by this Mortgage tb be iwrwrediattly due swA pyabk without farrther demand grid gray fe?sreka?e th4 Mortgage ~ jaikfal PtvesediwR. l.tndtr-shah be entitled to collect d stsclr ProeteditsR all expcwses of foreclosure. hxladiag. brit wet Yrdttel tr?. «awttiable Nturner's fees, sad costs of dxwwnewtary erideeteY. abstracts and title reports. 19. sorrowet's Rlgh't to Re6rstate. Notwithcranding I ender's acceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proctedinec be~,iin by Lender to enforct This Mortgage discontinued at any time auoK~ P~cE1~ - - - f -