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HomeMy WebLinkAbout0849 ? • ~ a , Lender's written agreement ar applicahlc law. Narrower shall pay the amount of all murtbage imur.u+ce premiums in the n+anner pre?vidcd under paragraph ~ hcrcof. Any amounts dishurud by Lender pursa:,nt to this paragraph 7, wish intcrest thereon. shall become additi?a+al in.khtedness of Norruwer secured M• this Mangagc. l'nless &?rfr?sser :m.l I ender acres to other terms of payment, such { amounts shall tx payable up+?n nt?ti~e fr+?m 1 cndcr w I~arruwer «yuesting payment thereof. and shall hear interest from the date of dishurscment at the sate payable from tirtic to time un outstanding principal andef ibu lyote~ tiMess payment of interest at such rate would he c+?mrtn• t+? applicable law. in which event such amounts shall 1?ear interest at the highest rate l permissible under appficahlc law. Nothing contained in this paragraph 7 shall require Lender to incur any expense ar take ~ any action hercundcr. 8. Inspection. Lender may make or cause to he made reaamahlc entries upon and inspectic?m of the Property. provided that Lcndcr shall give Burrower notice prior to any swh inspcctian specifying rcasonahlc cause tficrcfor related to I.cnder's interest in the Pmperh•. 9. ('ondemnatbn. The proceeds of any aw;+rd ar claim fur damages, direct or consequential. in cann~tit•?n wish an}• ~undcmnatiun or other takim~ of the Property, or pan thereof, ar for conveyance in lieu of amdcmnatiun. arc hereby assigned and shall he paid to Lcndcr. In the event of a total taking of the Property. the pn?ceeds shall he applied to the sums secured h}• Ihic Mortgage. _ ~ with the excess, if anv, paid to Rorruwer. In the event of a partial taking of the Property. unless Born?wer and Lender PthCEN~IK agree in q•ritin~~. there shall he applied a? the sums secured by this !?lortgage such pmpc?rtion of the proceeds as is equal to that proportion ?vhich the amo+u+t af, the sums secured by this Mortgage immcdiatch• prior to the date of taking hears to tF~c fair market value of the Property immcdiatch• prior to the date of taking, with the balance of the prcreeds paid to Bormwcr. If the Property is abandoned M• 6arrawer, or if. after notice by Lender to Borrower that the rnndemnor offers to make an award ar settle a claim for damages, Borrower fails to «sp+?nd a~ 1 cndcr within z(t does after the daft slick notice +s mailed. Lcndcr is authorized to collect and apply the proceeds. at Lender's option. either to restoration or repair of the Propcnp ar to the sums secured by this Mortgage. • ltnlecs Lender and Borrower atherss•isc agree in writini. ores, su.h application of proceeds to principal shall nut extend ur pcxtponc the due date of the monthly, installments referred to in paragraphs 1 and 2 hcrcof ar change the amount of such installments. 10. Borrower A1ot Released. Fxtencion of the time for pa}•ment or modification of amortization of the alms secured by this A4urtgage granted hp Lcndcr to any stlccessar in interest of Bormwcr shalt not operate to release. in any manner, the liability of the original Borrower and Borrower't succesu~rs in interest. Lcndcr shall not 1?c reyuircd to commence . proceedings against such successor ar refuse to emend time for payment or otherv?•ix: modify amortization of the sums secured by this Mortgage by reason of an}• demand made by the arieinal Borruwcr and Burrowers successors in interest. I1. Forbearance b3 Lender \ot a Wainer. Any forbearance hs• 1-cndcr in exercising any right nr reined}• hereunckr, ar otherwise atTorded hs• applicable (aw, shall not Ix a waiver of +?r preclude the exercise of am•. such right ar remedy. The prcxurement of insurance or the payment of taxes or other liens or charges by Lender shall not he a ~raivcr .?f Lcndcr s right to accelerate the maturity of the indeMedness se~alred M• this Mortgage. IZ. Remedies Cumulative. All remedies prosided in this Mortgage arc distinct and cumulative to ;u?}• other right ar remedy cndcr this Mortgage c?r afforded M• law ar cyuitt•.:md rows, F?e exercised concurrently. independently or succesively- " 13. Successors and Assigns Bound; Joiml and Several Liabilih•: Captions. The rns•enants and ages-cmcnts herein contained shall hind, and the riehts hereunder shall inure to, the respective succ~su?rs and assigns of 1_endcr and Borrower. - subject to the provisions of paragraph 17 hcrcof. All covenants and agrcemenic of Borrower shall t?e j~?int and several. The captions anJ~hcadings of the paragraphs of this Mortgage are fur convcnicnrc only and are nut to t?e aced to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applirlhle law to he given in another manner, fat any notice to Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addresud to Bormwcr at the Property AJdresc or at such other address as Born?wer rows, designate M• notice to 1 cndcr as provided herein. and Ihl any notice to Lcndcr shall 1?e given by certified m:+il. return receipt «yuesteJ. to 1 tinder's address stated hcrcin ar to such other address as Lender may, designate h} notice to Burrower as provided herein. Any notice provided for in this Mortgage shall In: deemed to have tx•cn given to Borruwcr ur Lcndcr when given in the manner designated hcrcin. 1S. Uniform 11ortRage; Gonernittg Law: Severabilit}•. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limite.l variations h}• jurisdirtian to constitute a uniform security instrument covering real property..This Mortgage shall fx; governed by the law of the jurisJictian in which the Property is located. In the event that any, provision or clause of this Mortgage .•r the Note conflicts with applicable law. such rnnfliet shall not affect ; other provisions of obis Mortgage ar the Nate which pan 1?e given elTeci without the conflicting provision. and to this end the provisions of the Mortgage and the \ute are Declared k? 1?e sevcrahle. 16. Borrower's Copy. Borrower sh:dl he furnished conformed cope of the Note and of this \lortgage. at the time 4 of execution ar after rcti:ordation hereof. 17. Transfer of the Pmpertc; Assumption. If all ar anv part of the Pn?pcrty or an intcrest therein is sold or trancferrcd by Borrower without Lender's prior written consent. escluding tat the creation of a lien ar encumhrancc sulx?rdinate to this Mortgage. Ihl the creation of a purchase ntanec securits intcrest for household appli:mces. fcl a transfer h}• devise. _ a descent or h}• operation of law upon the Death ul a ~~+im tenant ar (dl the grant of am• leasehold interest of three years or less pat containing an option Ia purchase. Lcndcr may,. at Lender's uptian. decl;ue all the sums secured by this \lorlgage to be immediately due and pa}•ahlc. Lcndcr shall have waived such uptian to accelerte if. prior to the sale or transfer. Lender and the person to wham the Prolx:rt}• is to 1?e sold ar transferred reach agreement in writing that the credit of such person ~ is satisfactory to Lender and that the imerest pa}•ahle on the toms secured by !his Mortgage shall be arsuch rate ac Lender shat! request. If l ender has waived the aptiun to accelerate pmvidcd in this paragraph 17, and if Borrower's successor in ~ interest has executed a written assumption agreement accepted in writing by I-cndcr. Lender shall release Borrower from all obligations under this Mortgage and the Nate. i If Lender exercises such uptian to accelerate. I-cndcr shall mail Borrower notice of acceleratiari in acrnrdance with E paragraph 14 hereof. Such notice shall provide a period of not Tess than ZO days from the date the notice is mailed within which Borruwcr may pay, the sums decl:?red due. If Borruwcr task to.pay such sums prior to the expiration of such period. Lcndcr ma}•, without further notice or demand~<?n N?xrawer. invoke am• remedies permitted by paragraph 18 hcrcof. NON-LINIFORJ?t COVENAtVTS. Borrower and Lender further Covenant and agree as follows: . ~ 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of way corenaat or E agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender ~ prior to acceleratbn shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2).the action required to cure such breach;l3) a date. not less than 30 days from the date the notke is mailed to Borrower, by whkh snch breach must be cared; wad (4) that failure to cure such breach on or before the date specified in the notice may resWt in accekratbn of the sums ttecared by this Mortgage. foreclosure by judicial proceedntgt and salt of the Property. 71re notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosnre proceeding ; i the non-existence of a defauM or any other defense of Borrower to accekratbn and toreclosurc. if the breach is twt cured on or before the date specified in the notke, Lender at tender's option may declare a0 of the soma scented by this Mortsage b be ~ immediately due and payable withont further demand and may foreclose this Mortgage by judkial proeeediug. Lender "shall ~ be entitled to collect in snch proceeding all expenses of forecbsurc, including, but not limited to, reasonable sttotrney's fees, - j artd costs of documentary evidence, abstracts and title reports. ~ 19. Borrower'a Right to Reinstate. Notwithstanding [_cndcr s acceleration of the sums secured by this Mortgage. Borrower shall have the right to have an}• proceedings begun by Lender to enforce this Mortgage discontinued at any tithe OR BOOK341 PdCE 84~ - ~