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HomeMy WebLinkAbout1344 ; . , c• r• rl~~ ~.3~#t•. Lender's written agreement or applicabk law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragwph 2 hereof. Any amounts disbursed by Lender pursuant to this pai.rgr~ph 7. with tittered thereon, shall become additional indebtedness of Norniwcr secured by this Mortgage. Unle» Burrower and 1 ruder agree to other terms if payment, such amounts shall he payahlc.upin rx~tice from Lender to Barrowrr rcyucstinR payment thereof, anJ shall bear interest from the date of dichurscment at the rate payahk tram time to lime ore outstanding principal u . f ftlx Npt unless payment of interest at such rate would be contrary ti applicable law, in which event such amrnints shall Ittar inter~t at the highest rate permissible under applicabk law. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any action hereunder. 11. Iwspectiow. l.endcr may make it cause to be made rcacanablc entries upon and inspections of the Property. provided that I.tnder shall give Borrower notice pricer to any such inspectian specifying reasonable catue therefor related to Lender's interest in the Property. 9, Cotudetwwatlow. 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, or for conveyance in lieu of condemnation. are hereby assiarted and shall be paid to Lender. in the event of a total taking of the Progeny, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, it any, paid to 8orraw_ er. In the event of a partial taking of the Property. trnkss Borrower weed Lender otherwise agree in writing. there shall be applied ti the sums secured by this Mortgage such proportion of the prooeods as is equal to that proportion which the amount of the sums secured by this Mortgage immediately pricer to the date of taking bears to the fair market value of the Pmperty immediately pricer to the date of taking, with the balance of the proceeds paid to Borrower. if the Property is abandoned by Birriwer, or if. after notice by fender ti Birriwer that the condemnor offers to make an sward or settle a claim far dama,QCS, Borrower fail. ti respond ti Lender within i0 days after tht date such notice is mailed. Lender is authorized to cillect and apply the proceeds. at Lender's iptiin, either to restoration ar repair of the Property or ti the sums secured by this Mortgage. - Unless I-ender and Borrower olhervvisc agree in writing. any such applicatiin of proceeds to principal shall not extend or postpone the due date if the monthly installments referred ti in paragraphs 1 and 2 hereof or change the amount of loch installments. 10. Borrower Not Released. Extension of the time- far payment or midification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Harrower shall nit operate to release, in any manner. the liability of the original Borrower and Borrower i strccessirc in interest. Lender shall not be required to commence pricetdings against such successor or refuse to extend time for payment or otherwise modify amirtizat~on of the sums secured by this Martgage by reason of any demand made by the origina) Harrower and Harrowers successors in interest. 11. Forbearance by i.ewder Not a Waiver. Any fnrhearance by Lender in etercising any right or remedy herctrnder, or atherwise afforded by .applicable law, shall Trot be a waiver of it preclude the exercise of any such right or remedy. The procurement of insuranct:Qr the payment of taxes or other liens or charges by lender shall not bt a waiver of Lender's right to accelerate the maturity of the indebtedness secreted by this Mortgage. 12. Remedks Cnwrabfhe. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Mortgage or aftirded by law or equity, and may be exercised cincurrcntly, independently or successively. ' 13. Sweeessors awd AssiRws Bowwd; .loGtt wad Several I.iabr7ity: Captiows. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective succescin 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 Mirtgage are for cinvenience only and are not ti be used to interpret or define the provisions hereif. 14. Notke. Except for any notice required under applicable law ti be given in another manner, (a) any notice to Borrower provided for in this Mirtgaee shall be.given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such whet address as Birriwer may designate by notice to fender as provided herein, and (b) any rrwice to Lender shall Ix given by certified mail. return receipt requested. to l.endei s address stated herein or to such other address as Lender may designate by notice ti Birrawer as provided herein. Any notice provided for in this II Mortgage shall be deemed to have been given to Hirmwer it t-ender when given in the manner designated herein. 1S. Usitorm Mortgage; Gotrerning Law; Seversbility. This farm of mortgage cimbines uniform covenants for national use and non-uniform covenants with limited variations hr jurisdiction to rnnstitute a uniform security instrument rnverina real property. This Mortgage shall h governed by the law if the jurisdiction in which the Property is located. in the event that any provision or clause of this Mirtgage it the Note cinflictt with applicabk law, such conflict shall not affect other provisions of this Mortgage or the Nate which can lx given effect without the conflicting provision, and to ihb f end the provisions of the Mortgage and the Nwe are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a confirmed copy of the Note and of this Mortgage at fire time ` of execution or after recordation hereof. I 17. Trawstcr of the Property; Assumptiow. If all it any part of the Property or an interest therein is sild or trsnsferrtd by Borrower without Lender's prim written cinsent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage: (b) the creation of a purchase m~nev security interest fir household appliances. (c) a transfer by devise, descent or by operation of law upon the death if a ji~nt tenant or (dl the grant of any leasehild interest i( three years or less not containing an option to purchase. Lender may. at I.ender'c opt~in. declare all the sums secured by this Mortgage to be immediately due and payable. 1_ender shall have waved such option to a~crlerate If, prior to the sale or transfer. Lender and the person to whom the Property is a. be ~i1J it transferred reach agreement in writing that the credit of such person is satisfactory to 1_ender and that the interest Fayable on the sums secured by this Mortgage shall be at such rate ac Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower a 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 Note. If Lender exercises such option ti accelerate. Lender shall mail Borrower novice 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 sums c,:clared dtre. If Borrower fails to pay such soma prior to the expiration if such period. Lender may, without further novice or demand on Horrower. invoke any remedies permitted by paragraph IR hereof. Norv-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as toBows: la. Aecekraliow; Rearedies. >E:ceps as prodded iw parsgrapb 17 hereof. rrpow BorrowePs breach of awy corewawl or ~ agreemewt of Borrower fw this Mortgage. hxludirrR the covenants to pr whew due say sums secured by fhb Morrytage. Lewder prbr to accekratbw shop mail wotke to Borrower ss prodded iw paragrapA 14 hereto rpecHyiwg: fl) the brcacA: f21 the sttiow. tregrrired to cwre swcb breach:l3) w date. wM less thaw 30 days from the date the works b mailed to Borrower. by whkb srrcb bscacb tsrwt be cwred: sad (4) that taNare to cwre swcA breach ow or before the dNe specNied iw the wotke wuy eestrlt b accderatiow of the swwts secwred by fhb Mortgage. foredoswrc by judicial p~oceedirt` awd sale of the Property. Tire aalkt ~ P shop fwrtber iwform Borrower of the riglsl to rcittwtste steer ttKCelerstbw awd the right to assert iw the tortclaswte proctedM~ ~ ~ the wow-existewct of a defwuk or awy other defense of Borrower to accekratiow awd forecbswre. I/ the breach b wM cured ow j or before the date sped6ed jw tfie rrotke. Lewder at l.rwder's optiar wuy dechm all of the stereos txewnd by ebb Mortgage fo bt imwxdiatcly due swd payahk without /wither demand and may forcctose ebb Mortgage by jwdkW poceediuR. /.ender chap be eatitkd to collect iw swcb ~trocetdiag sN a:penscs n( forccloswre. lwclrrdirrl, brit woe IJrwited to. rcasonabk ata,rner's fees. awd costs of doctrwteNsry evWewce. abstracts and title reports. f 19. Borrower's Rklrt to Reinstate. Nwwithstanding 1 ender's accelerat~in of the sums secured by this Mortgage. ~ Borrower shall have the right to have any proceedmec beam b~ Lender ti enforce this Mortgage discint~nued a~ any wine X339 P~13~4