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HomeMy WebLinkAbout1411 ' 1 ~ tinder's written agreemnt or appficahle L?w. Burrower shall pay the amount of all nuutgage in,ur.?n:e premium. in the manner pr+.vided under paragraph 2 hereof. :1ny amounts ilichursed by I.cn+kr pur,u.u?t to this par.rgr:?ph ++ith unerc,l thereon. ,h:?II heron?c additional in+lchcednes, ul Horru++er cccurcd h~ this Mortgage. t'nlc„ Borr.+++er a~ul I ender a~rce to.other terms of payment. wrh ,un.+rtnt„h:dl I+e potable upon nt•tire from I ender to Borrower reyue,ting p:?}ment there+f. an+l ,h:~ll he;?r interact from the date of di,hurcemcnt at the rate pa)•ahle from time to time on autctandinc princip;:1 under the !Vote unlcs, payment of intcrcct at such rate would he cootie:try t+• applicable L?w. in which event such amoumc shall hear intcrecl at the highed rate permissible under applicable la+v. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take .?ny action hereunder. R. Inspection. Lender may make or ranee to he made reaconahlc cniriec upon and incpectionc of the Property, provided t that I cndcr shall giro Bormwcr notice prior to am• such inspection ,pacifying rc:+sonablc cause therefor related to I.endcr's interest in the Property. ' 9. Condemnation. The pn.reedc of any award or claim for damagcc. direct or con,equential. in connection with am- rundemnation ur other taking of the Property, or part thereof. or for conveyance in lieu of condemnation. are hereby ac,igncd and shall t+e paid to !.ender. ' In the event of a total taking of the Property. the pncccds shall he :?pplicd to the wms cccurcd hs• this Mortgacc. with the cscrs. if any. paid to Borrower. in the event of a partial Taking of the Pmpeµy, rlnlCR =B~rrowcr and !.ender uthcrwice agree in writin~•. tlicrc chill he applied te• the ,umc secured by this Mortgage such 'purport an ~?f the prcx:eeds as is ey~ral to that proportion wfiich the amount of the sums ,e,ured M• this Mortgage immediately prior to the date of taking heart to the fair market valor of the Property immediately prior to the .late of taking. ++ith the balance of the proceeds paid to Bormwcr. Tf the Property is abandoned by Bormwcr. or if. after notice M• I ender t?• Harrower that the rnndemnor ofTerz to make an award or settle a claim for damage,. Bormwcr fail, to re,p+md to 1 cndcr within to d:n•, after the date ,uch nMirc is mailed. Lender is authorized to collect and apply the proccedc. at 1 ender', option. either to redoration or repair of the Property ar to the sum, secured by this Mortgage. l.'nlcss !.cndcr and Bormwcr oihcrw•ise agree in +sriting. any Such appliratirn of proceeds to principal ,hall not extend or p?n9lx~ne the due date of the monthh• installments referred to in paragr.?phs I :rod hereof or change the amount of ,uch installmenic. lU. Borrower loot Released. Extension of the time for payment ar modification of amortization of the come secured M• this Mongage granted M• !.ender t?• any cuccesu+r ir5 intere,t of Borrci+cer shall not uper.?te to calcite. in any manner. the liability of the original Bormwcr and Borrower', si?cce„arc in interact. Lender chill not he required to commence pn?~~-tidings ag:+inct wch succcsor ar refu,c to c~tend time for payment ar othcrHi,e modify amortization of the sums secured by this Mongage by rca,on of am• demand made h the orieinal Borrower and Borrowcr'c cncce„ur, in interact. ll. Forbearance by ixnder \of a ~Yais'er. :\n+ forbearance by Lender in cxercicing am• right or remedy hereunder. or otherwise afforded by applicable law. tihall not t+e a waiver of or preclude the exercise of am• ,uch right or remedy" The procurement of insurance or the payment of taxc, or other liens or charges M• Lender ,hall not he a waiver of l.ender'c right to accelerate the maturity of the indeMcdne,c ,e_urcd by this Mongage. 12. Remedies C.umulatice. All rcmediec provided in thi, Mongage arc distinct and cumulative to arty other right or remedy under thi, Mortgage or afforded by la+v or cyuin•. and may he escrci,ed concurrently. indcpendcmh• ar ,urce:,i+•e)v. -13. Successors and Assigns Borrnd: Joint and Several Liability; ('options. The covenants and agreement, herein contained tihall hind. and the riehtc hereunder shall inure to. the re,l?ertive cuccessorc and acsignc of Lender and Borrower. subject to the pn.visionc of paragraph 17 hereof. :VI covenant, and agrcementc of Born++cer shall 1?c joint and ce+•eral. The caption, and heading, of the paragraph. of this Mongage arc for convenience only anJ arc not to he used to interpret ordcfine the pmvicians hcrco[. _ 14. notice. Except for any notice rcyuired under applic:rhle la++ tic. be given in another manner. fai any notice to Borrower provided for in this Mortgage shall he given by mailing ,urh notice by certified mail addre„ed to Borrower at the Property Addre„ ur at such other addres, as Borrower may de,i~nate by notice to Lender ac pn.vided hcrcin. and (h1 any nalice to 1_ender chill tx' given M• certified mail. return receipt reyue,ted. t?~ 1 ender, addre,c stated hcrcin or to such other addres, a, Lender may designate by notice to Borrower ac pri•vidwl hcrcin" :\ny notice provide.! for in this Mortgage shall he deemed to ha+~c been given to Borrower or i cndcr whin given in the manner de,ign:?tcd hcrcin. 15. Uniform ~lortkage; Governing T.aw: Severabilily. "fhi, form of mortgage camhinec uniform. covenant, for national ~ use and non-uniform covcnantc +aith iimited variatiom hv_ juri,diction to constitute a uniform stencil}• instrument rnvering real property. Thi, Mortgage shall tx: governed M• the law of the juri,Jirti.m in which the Property i, k?rated. Tn the event that any provision ur clau,e of ihi, :~ton,~age or the \rte conflict, with applicable law, curb conflict ,hall not affect other prmi,ion, of this Mortgage or the Note wMrh r:ur I+e given elTert +vithout the conflicting pro+,i,ian. and to this end the pmci,ionc of the Mortgage and the \i+te are Declared to t+c ,cecrahle. 16. Borrower s Copy. Borrower ,hall be furni,he.l a amformcd ropy of the \ote and of this ~lurtgage at the time of execution or after rcrurdation hereof. t 17. Transfer of the Propertc; Assumption. If all or an+ p.~n of the Pn•perty or an interest therein is :old or transferred by Borrower without Lender's prior written content" e~rluding rat the creation of a lira or encumbrance subordinate to thi, `longage. Ihl the creation of a purcha,c numec .eruritt interest for househuW appliances. (c1 a transfer M• devise. deucnt ur by operation of law upon the death of a joint tenam ?~r Idr the grant of am• tcacchuld interest of three years or lees not containing an option to purchase. I ender may. at 1 cndcr', option. declare all the sums secured h}• this Mongage to be immediateh• due and payable. !.cndcr shall have waived ,urh option to accelcr.?tc if. prior to the ,ale or transfer. Lender and the person m whom the Property is to he ,old or trancferr~d reach agreement in writing that the credit yf such person i, satisfactory to Lcndcr and that the intcre,t payable on the ,um, secured by thi, Mortgage shall be at such sate as Lender shall request. If lender has waived the option to accelerate provided in this paragraph 17. -and if Borrower's successor iri interest ha, 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 to acccler.?te. 1 cndcr ,ha!I mail Borrower notice of acceleration in acrnrdance with paragraph 14 hereof. Such notice ,hall provide a perirxl of not Ies, than 3f1 da_v, from the date the notice is mailed within which Borrower may pay the sums declared due. If Borruwrr tails a. pay such sums prior to the expiration of such period. k Lcndcr may. without further nMice ur +kmand on Burrower. invoke arty remedies permitted by paragraph I R hereof. Nox-UNtt=ot?1`t Covex~~:-rs. Borrower and 1"ender further rnvenant and agree as follows: = l8. AccelentiQn; Remedies. Except z; provided in paragraph 17 hereof. upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, includirtR the covenants to pay when due any sums secured by this Mortgage, Lender I prbr to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the sdion required to cure such breach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower, by which such 1 breach mull be cured; sad (4) that failure fo _cure such breach on or before the dale specified in the police stray resWt is acceleration of the struts secured by this Mortgage, foreclowrc by judicial proceeding and. sale of the Property. The notice shall further inform Borrower of the right to reinstate after accekration and the right to assert in the forecbsure pr+oeeeding the aon•existeace of a default or any other defense of Borrower to'cceleration and foreclosure. If the breach is cwt enr+ed on or before the date specified in the rwtice. [.ender at Ixnder's option may declare ail of the sums secured 6y this ;Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure. including, but not limited to, reasorubk attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinsfate. Notwithstanding 1_ender s acceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proceedings ix:gtrn by Lender to enforce this Mortgage discontinued at any time ~ - a~ 341 p~1409