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HomeMy WebLinkAbout1123 • -r • ~ ~ elf ~ ~ r Lender'3 written agrectmnt or apphcahk law. Borrower shall ~ manner provided under paragraph 2 hereof. Pay the arntwm of all mortgage insurance premiums in the Any amounts disbursed by Lender purwant to this paragraph 7, wnh ,ntrrcq Ihtreort, shall become additional in+khtedncsc +,f ilurruwrr secured by this M+,ngagc Unless Borruwcr arJ 1 under agree to other terms of payment, such amounts shall he payable upon n+?tirc fr++m I ruder to Bormwer rcyttestinR payment thereof and shall hear interest from the date of disbursement at the talc payable from Iimt to lime at attstandinR principal under the Nde unless payment of interest at such rate would he contrary to applicabk law, in which event such amounts shall hear interest at the highest rate permissible under applicabk law. Nothing c+,ntairtesl rn this paragraph 7 shall require Lender to incur any expense or take any aMion hereunder. >R Iwspectlow. lender may mane o? cauu In I+c made rcacattabk entries upon and inspoctions of the: Property, provided that Lender shall give borrower n+Nicc pri++r tt. any such inspection specifying rcasottabk cause therefor related to Fender's interest in the Property. 9. Cotadewtrtatiow, The proceeds of any award or claim for damages, direct a consequential, in connection with any ' condemnation or dher faking of the Property, or part thereof, a for conveyartoe in lieu of cartdentnatiort. are hereby assigned and shalt fie paid to Lender. in the: event of a trial taking of the Property. the proceeds shall be applied to the slrp~ agxt{rr_ by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial eking of the Property, ttAless Borrower atd Lt:nder otherwise agree in writing. there shall be applied to the wins stecttred by this Mortgage such proportion of the ptot.~eeds as K equal to that proportion which the amatrnt of the sums secured by this Mortgage immediately prior to the date d taking hears to the fair market value of the Property immediatety prior to the date of taking, with the balance of the: proceeds paid to Borrower. If the~Property is abandoned by $orrowcr, or if. after notice by Lender to Borrower that the: condetenor offers to ttroalce an award or settle a claim for dama~-s. B+•rrowrer fork to respc?nd M Lender within 30 days after .the dale such notice is mailed. Lender is authorized to collect and apply the proceeds, at 1_errdtr s option, either to restoration or repair of the Property or to the sums secured hs• chic lltartgage. ' Unless Lender and Borrower otherwise agree in w•rihne. any such application of proceeds to principal shall rid extend or postpone the due date of the monthh installments referred to in paragraphs t and 2 hereof or change the atttount of ' such installments. 4 tel. Iorrower Not Released. Extension of the time for payment or modific:lion of amortization of the sums secured by this Mortgage granted by 1 ender to any successor in interest of Harrower shall rid operate to release, in any manner. the liability of the original Borrower and $orrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to etitend time far payment a dherwise modify arHOrtizadon of the sums secured by chic Mortgage by reason of any. demand made by the original Borrower and Borrower's successors in intered. ~ 11, Forbearawce by i.ewder Not a Waiver. Any forheararrce by Lender in etercicing any right or remedy herctrnder. or otherwise afforded by applicable law, shall oat bt a waiver of or preclude the a;ercist of any such right or remedy. The procurement of insurance pr the payment of taxes or other liens or charges by i_ender shall rid be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Rewtedies Camahfiva All rcnnedies provided in this Mortgage art distinct and cumul:five to any dher right or rcmtdy under this Mortgage or afforded by taw or equity. and may be t~ercised rnncurrently, independently or succestively_ 13. Sweeessors sad Assigws boarrd:.lortt swi Several i.is6iWy; Csptlorrs. The covenants and agreements herein contained shall hind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All covenants aril agreements of Borrower shall bt jary and several. The captions and headings of the paragraphs of this Mortgage arc far convenience only and are not to be used to itlterprct or define the provisions hereof. 14. Noliet. Except for any notice rcgrrired under applicabk law to be given in another manner, (a) any Holier: to Borrower provided for in this Mortgage shall be given by mailing such r,otict 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 ndice to Lender shall he given by certified mail. return receipt requested. to I ender s address stated herein or to such other address as Lender may designate ht nr?tice to Borrower as prodded herein. Any notice provided for in this Mortgage shall be deemed to have been green to Borrower ar !.ender when given in the manner designated herein. 1S. Uwitorwt Mortgage; CoveraiaR [.aw: Sererabilit?. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations M jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shat! ~ governed by the law• of the jurisdiction in which the Property is located. in the evtnt that any provision or clause of Chic Mortgage ar the Note conflicts with applicabk law, such conflict shall not affect other provisions of this Mortgage or the Nate which can be given effect without the conflicting provision. and to this end the provisions of the Mortgage and the Ncxc arc +fcclarcd to be severable. lt, Eorrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tittle of execution or after recordation hercof_ - 17. Trtutster of ere Property: Assnmptiow. If all or any part of the Property or an interest therein is sold or transferred by Borrower without [.ender's prior wrinrn consent. etcluding (al the creation of a lien or encumbrance wbordinate to this Mortgage, Ib) the creation of a pur.hase m+.nev security interest for household appliances. (c) a transfer by devise, descent or by operation of taw upon the death of ~ j+um tenant or (dt the grant of any leasehold interest of three years or less not containing an option to purchase, Lender ma}'. at Lender i option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shat! have w acs•ed such option to accelerate if, prior to the sale or transfer. Lender and the person to wham the Property is tv be .olJ ar transferred reach agreement in writing that the credit of wch person is satisfactory to 1_en+kr and that the intrrr.t Fa}able on the sums secured by this Mortgage shall be at such rate ac Lender shall request. !f 1_ender has waived the option to accelerate provided in this paragraph i7, and if Bortowei a successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower tram all obligations under this Mortgage and ttte Noa. if Lender exercixs such option t~~ accelerate, 1_ender sha(I mail Borrower rtdiCt of xcekralion in accdrdancc with paragraph 14 hereof. Such owice shalt provrdc a period of not Itss than 30 days from the date the notice is mailed within which Borrower may pay the sums s. Ylared due. ff Borrower fails to pay such stems error to the expiration of such pencd, Lender may, without further notice or demand on Harrower. ,revoke any remedies permitted by paragraph IR hereof. Non-UNIFOIIM CoveN~NTS Borrower and Lender further covenant and agree as fellows: li. Accelcratiow; Rewteaies. 1~xcept as.proviiicJ iw paragrspr 17 bereat. trpow barrswer's bread of soy covewawl K agrecatewt of fllorrower is lets MortRagt. iwclsdiwg ere cosewsMs to psy wbtw tlttt awy strews stesrea by ttds Mortgage, I.ewier prior to scceler:tbw sbaU wtail wotice to borrower ss prorWea i. paragrapr 14 iertoi specNyiwg: I1) tie irescr:/2) ere setiow regsired b crre sttcb breach:/3? s date. sot less thaw 30 days trove fee atrMt ere wotice b wailetl.ts >tsrrower. by wbieb snob itKSCb twwt be cttreA: tad 14) teat tstilsrc b care stet breast a a bdore ire late specified iw fbt wotice nay ressN L accdcratiow of ere shwas secsrca by tris Mortgage. fercdoswrc by jtraicial proceed avert sale sf ere Property. 'the wotke stall frtrtber iwtont borrower of the right to reiwstate after aeeekrNiow avert ere right b sst~ert iw ere toterleswrs ptotee~ tie now-ttiistenct of a detauM or am abr. dettase of borrower a sccekrstiew avert tertelaoet. Here beescb is tat ew~ai on or helot: ere due specil+er iw ere wotiee, Lewder at I.ewaer's aptMw wnsy tltelsre ab M ere strews stearcr by ebb MoAgage to be iatstedately due awd pyable witbr?u/ tsrtber tlemanA aaA way tacclost ebb Mortgage b7' jwikhl pgeeeliwg. lender char fie estitkd to coAtct iw ssci proceedngg d espctnes of lorecloswrt. iwcbrtliwg. bwf tat rrttiter M. rcatowsNe sn,rrweti's fees. awd costs of doewrwewtsry eridewce. sbstncts swd title reports. 19. lerrower's Rkbt to Rciwstatt. Notw,thsrandcng 1 ender's xcekratton of the sums secured by thcs Mongagc. Borrower shall have the right to have an} proie~Jme. hr~~in b} Lender to enforce this Montage drsconhnued ac an} time ~~x340 p~i123