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HomeMy WebLinkAbout0055 r Linder i wriuen agn;rment or applicable law•. Borrower shall pay the amount of .all mortgage imur:+nce premiums in the manner proviJrd under paragraph 2 hereof. ' Any amounts Disbursed by Lender pursuant to this p.~r:+graph 7. with interest thereon. chat! become additional inJehtrJ+ta+, of Ih~rruNrr secured by this Mangage. l't+le,. Borrower anJ Lrn.lcr .+grca to other terms of payment. such amounts shall he payable ulx,n nt?ticc from Lrndcr to Borrower rcyt+esting paymcm thereof. anD shall hear interest from the .late of Jishurcement at the cafe payable fmm time to time on outstanding principal ~t~et,th~;l~t~te unless payment of interest at st+ch rate would he contrary to applicable law. in which even! arch amounts'shall'hear intered at the highest rate permissible under applicable Iaw..Nothing contained in this paragraph 7 shall require Lender to incur any expense or take :+ny action hereunder. 8. Inspection. 1.enJ.r may make or cause to he made reaconahlc entries upon and inspections of the Properly. provide) that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to i.ender's intcrcu in the Property. 9. Condemnatbn. The pn,ceedc 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. arc hereby assigned and shall he paid to i.cndct. In the event of a Total taking of the Property. the procccJs shall he applieJ to the :umc sccnrcd by this tlfortgage. with the erccss, if any, paid te, Born~w•cr. In the event of a partial Taking of the Property. unless Borrower and 1_ender otherwise agree in writing. then shall be applied to the sums serurcJ by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediateh• prior ~o the date of taking hears to the tote market value of the Property immediately prior to the Jate of taking. with the balance of the proceeds paid to Borrower. - if the Properly is ahandoncD by Borrower. or if, ahcr reifies by Lrndcr to Bormwcr that the rnndemnor often to make an award or settle a claim: for damags-c. Borrower lath to reslx,nd to Linder within ;(1 Jays after the datC such notice is mailed. Lender is authorized to collect and apply the proceeds: at Lender i option. either to redoralion repair of the Propert}• or tgtthe tunas ~urcfl_i~y this idortgagc. or Un~ ~@~ d l:~~ ~rw r gtoMhl~ iastallmcnts referred rosin harapr+a~h.~ 1 andr?` hedreof or+chanalc the aatnaunt of ~4"~ t 4 ri p g p g sue ins aliments. 10. Borrower Not Released. Extension of the lime for payment or modification of amortization of thesums s~-cured by this Mortgage granted by Lcndcr to any succccwr in interest of Borrower shall not operate to release.- in 'any manner. the liability of the original Borrower and Bormw•e:'c successors in .interest. i.ender shall rot he rcyuireJ to commence i 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 demon) made b)• the original Bormwcr and Borrowers successors in interest. 11. Forbearance by Lender Not s Waiver. Any fonc~arrnce M• lender in exercising am right or remedy hereunJer. or otherwise afforded by applicable law. shall not he a waiver of or preclude the exercise of any such right or remedy. € The procurement of insurance or the payment of tares or~other liens or charges by Lcndcr shall not he a.w•aiver of LenJer's j right to accelerate the maturity of the indehtednesc secured by this Mortgage. 12. Remedies Cumulative. All remedies pmrided in this Mortgage are Distinct anD cumidative to any other- right. or remedy under this Mortgage or aftordrJ h)• law or equity. anJ ma)• he excrriscJ rnncurrcntly. independcMly or succcsxivcl}•. 13. Snccessors and Assigns Bot+nd; Joint and Several Liability; Captbns. The covenants and agreements herein contained shall hint. and the ri}:hts hereunder shall inure to. the n-cpective successors and assigns of Lcndcr anJ Borrower. ,object to the pmvicionc of paragraph 17 herrnf. All covenants anJ agrcemcntc of Borrower shall he joint and several. Thc caption, anJ headings of the paragraphs of this Mortgags are for convenience only anJ are not to he used to intc~na or define the provisions hert:of. 14. Notice. Except for any .notice required under applicable law to be given in another manner.'fa) any notice to Borrow•cr provided for in this Mortgage shall he given by mailing such notice by certified mail addresseJ to Borrmrcr at the Property AJdresc or at such other address as &,rmwer ma)• designate bj• notice to Lcndcr •rs provided herein. and Ih) any notice to Len~kr shall he given by certifieJ mail. return receipt req++cctcd. to Lcndcr c adJress stated herein or to each other address as lender may designate by notice to Borrower as provide) herein. Any notice provide) for in this ~tartgagc shall he deemed to ha,•c been given to Borrow•cr or Lrndcr when given in the manner designated herein. 15. Uniform tllortgage; Governing law: Se~•erabilit}•. Thi. form of mortgage rnmhines uniform rnvenants for national use and non-uniform covenants with limitr.l variations by jurisdiction 1o constiu+te a uniform security instrument covering real property. This Mortgage shall tx: governed M• the law of the jurisdiction in which the Property is located. in the event that any provision or clause of this Mortgrgc or the Vote conflicts with applicable law. such conflict shall not affect j other provisions of this Mortgage or the Notc which can be gis•rn cticct without the conflicting provision. and to this I end the provisions of the lsfortgagcrnD the `otr arc declared to he suvcrahlc. t 16. Borrower's Cop~•. Borrower shall be furnishrJ conformcD copy of the Note anD of this Mortgage at the time.. ~ fIf of execution or after ra-ordation herrnf. 1 j 17. Transfer of the PropeNy; Acwmption. If all or am~ p:+rt of the Property or an interest therein is sold or transferred ~ by Borrower without Lcndcr's prior wriuen consent. r~cluding (a1 the creation of a lien or cncumhrancc subordinate to ~ this Mortgage. Ih) the creation of a purchase money security intereit for household appliances, fc? a transfer by devise. ! Descent or by operation of taw upon the death of a joint tenant or (D+ the grant of am• leasehold interest of three years or less not containing an option to purchase. Lender may. at I.endcr's option. declare all the sums secured by this Mortgage to be immcJiately due and payable. Lcndcr shall have waived such option to accelerate if. prior to the sale or transfer. Lender anJ the person to whom the Property is to be ~solJ or transferred reach agreement in writing that the credit of such person is satisfactory to I_enJrr and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request, If Lender has waived the option to accelerate pmviDed in this paragraph 17, and if Borrower i successor in interest has executeD a written assumption agreement arccptcd in writing by Lender. 1_enckr shall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate. 1-ender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a pericxl of nut less than 30 Jays from the date the notice is mailed within which Borrower may pay the sums declare) dui. If Borrower fails to pay such sums prior to the expiration of such period. Lender may, without farther notice nr Demand on Forrower. invoke ar»• remedies permitted by paragraph IR hereof. ' Nox-UNIFORM Covt=_x~twrs. Borrower and Lender further covenant and agree as follows: I8. Accekratbn; Remedies. E:ceps as provided in paragrsph -17 hereof. upon Borrower's breacb of any a,veaanl or agreement of Borrower in fhb Mortgage. including the covenants to pay when doe nay soma secured by fhb Mortgage, Larder prbr to accekratbn shsB maU notke to Borrower as provided in paragraph 14 hereof specifying: (1) the btxacb; (2) the acNoa required to core sash breach; (3) a date. not km than 30 days fmm the date the notice b mailed to Borrower, by whkh such ' breach most be i:otred; sad (4) tbst failure to core such breach on or before the date specified b the aotke rosy resale in accekntioa of the scans secured by fhb Mortgage, foreclosure by jndkial proceeding wad sale of the (Property. The notke sbaB further Inform Borrower of the right to reinstate after sccckraNon and the right to assert is the ~torecfosnre proceedirg E the noire:btence of a defaaN or nay other defense of Borrower to sccekntba and foreclosure. N the breach b Dort cored o0 ' or bdore the date specified in the aotia, Lender st Leader's optbn rosy dechre sN of the wins gestured by this MotRgage to be imaledlately doe and payable without further demsnd and rosy torecbse thb Mortgage by jndicid proaxdbtg. Lrndcr sbaU I be entitled to coNect bi such proceeding sp'expetu+es of foreclossre, Mclndiag. bnl not Waited to, reasonable sttorsey's rtes, sad ants of docoareatary evidence, abstract and tick reports. 19. Borrower'a Right to Reiestate. Notwithstanding LenJer.'s acceleration of the sums secured by -this Mortgage, Borrower shall have the tight to have any proceedings begun by lender to enforce this Mortgage discontinued at any time - - I ~ ~ a~~41 p~E 55 _ l: _