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HomeMy WebLinkAbout0868 Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unlccs Borrower and !.ender agree to other terms of payment, such amamts shall be payable upon notice from fender to Borrower reyuesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to limo on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require fender to incur any expense or take any action hereunder. 8. hupectioa. i.ender may make or cause to be made reasonable emries upon and inspections of the Property, provided that lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Cottdemrpttbn. 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 assigned and shall be paid to I.cnder. in the event of a total taking of the Property, the proceeds shall be applied to the sums secared by this Mortgage. with the excess, if any, paid to Borrower. in the event of a partial taking of the Property, unless Borrower and i.ender otherwise agree in .writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the some secured by this Mortgage immediately prior to the date of - taking bears 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 offers to make an award or settle a claim for damages, Borrower fails 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 repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. . 10. Borrower Not Rekssed. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release. in any manner, the liability of the original Borrower and Borrowers successors in interest. 1_ender 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 successors in interest. 11: Forbearance by Leader Not a Waiver. Any forbearance by Tender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes ar other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Camah>fi~e. All remedies provided in this Mortgage are distinct and .cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. Snecessors and Assigns Bound; Joint and Several LiaM'lity; Captions. The covenants and agreements herein - contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. subject to the provisions of •paragraph 17 ~hcrcof. All covenants and agreements of Borrower shall be joint and several. The captions and headingc of the paragraphs of this Mortgage-are for convenience only and are not to be used to interpret or define the provisions hereof. 14. 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 i_ender as provided herein, and (b) any notice to Lender shall be given by certified mail. return receipt requested. to lenders address stated herein or to - such other address as Lender may designate by notice to Bormwer as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or tender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law: Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering ~j real .property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. in the I event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect ~ other provisions of this Mortgage or the Note which can be given eRect without the conflicting provision, and to this ` end the provisions of the Mortgage and the Note are declared to be severable. 16. Borrower'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. l7. Trar~fer of the Property; A~umption. If all or any part of the Property or an interest therein is wld or transferred by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household .appliances, (c) a transfer by devise, descent or by operation of !aw-upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's 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 is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender 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 provided in this paragraph 17, and if Borrower's 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. (f Lender exercises such option to accelerate, !.ender 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 sums declared due. f f Borrower fails to pay such sums prior to the expiration of such period. Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. Nort-UtvtFOat?t Co_vErverrrs. Borrower and Lender further covenant and agree as_follows: l8. Accderatio~ Remedies. 18trcept as provided is psragrspb 17 hereof, open Borrower's bresch of any covenant or e agrtemest of Borrower is this Mortgage, iscladiag the covenants to pay when dtre any sums secured by this Mortgage, Lender i prior to sccekntbn ahaB mail natke to Borrower ss provided is paragraph 14 hereof apecifyhtg: (1) the breach; (2) the attioa required to core such bresch; (3) a date, not less than 30 days from the date the aotke k mailed to Borrower, by whkh such breach most fie cured; sad (4) that failure to core such breach oa or before the date specified V the notice may ranlt in accderstioe of the sums secsred by this Mortgage, foreclosure by jsdkid proceeding gad- sale of the Property. The notice shall further inform Borrower of the right fo relestate alter acceleration sad the right to assert is the toreclosnre procee~ag the aoa-a:isteace of s defank or nay other defense of Borrower to accekratioa and foreclosure. If the 6r+eac6 is not cared on _ or before the date specified is the entice, I.eoder st Lender's option may declare ap of the soma secured by this Mortgage to fie imaxdiatdy doe asd payable withoot further demand sod may forecbse this Mortgage by judicial proceedhrg. Leader ahsll be estithd to coBed fir strc6 proceeding sB expetoses of foceclosnrt. iacladia=, but not limited to, reasonable attorney's tae, sad costs of docamentsry evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by lender to enforce this Mortgage discontinued at any time - roc I 800~13~ PbGE ~ ~ I