HomeMy WebLinkAbout1393 Lender's written • ~ 1 z i ~ ~
agreement or applicable law. Borcower shill pay the amount pf all mortgage insurance premiums in the
manger provided under paragraph 2 hereof.
Any amounts disbursed bx• Lender pursuant ro this paragraph 7. with interest thereon, shall become additional
indebtedness of Borrower secured by this Mortgage. Unka Burrower and Lender agree to other terms of payment, such
amounts shall Ire payahte'ttpon nt?tict froth Lender tQ Borrower reytKCtinR payment there~?t. and shall hear interest from the
date of dicbursemerlt at the rate payalik from tithe to time on outstanding principal undef the Nptf unless payment of
interest at such rate would be contran? to applicable law, in which event ~strch amounts shall boar interest at the highest rate
permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take
any action hereunder.
R lagettior. [.ender may make or cause to bt made reasonable entries upon and inspections of the Property. provided
that lender shalt give Borcower mice prior to any such inspection specifying reasonable cause therefor related to Lender's
interest in the Property.
C~ The proceeds of any award a claim for damages, direct or consequential. in connection with any
condemnation or other taking of the Property. or part tltertoL or for antveyance in lieu of condemnation. are hereby assigned
and shall be paid to Lender.
In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage.
with the ezctss. i[ any, pad to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender
otherwise agree in writing. them shall be applied to the sums secured by this Mortgage such proportion of the proceed:
Its is equal to that proportion wfiich the amount of the sums 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
PaHd to Borrower.
` If the Property is abandoned by Borrower. or if. after notice by lender to Borrower that the condemnor ofTers to mate
an award or settle a claim far damages. &?rrower fail. to respc?red to i_ender within 30 days after the Bait such notice le
mailed. Lender is atrthoriztd 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 Mortgagee.
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 installmrnts referred to in paragraphs 1 and 2 hereof ar change the itnount of
such installments.
it. >srrrower Not Rekaud. F.xtenston of the time for payment or rrlodiflcation of amortization of the sums toecurtd
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 internist. Lander shall not be required to commence
praceedings•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 Borrower's successors in interest. i
~ tl. Rorreataaee r!' Ltaier Not a ~Haiver. Any fotfitarance by Lender in exercising any right or remedy heretmder, or
otherwise affoj+ded by applicable la~v, shall hat be a waiver of or preclude the exercise of any such right or remedy.
The procurement of insuranceQr the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's
right to acceknte the maturity of the indebtedness starred by this Mortgage.
12. Rearedies CrwrhHve. All remedies provided in this Mortgage arc distinct and cumulative to any other right or
remedy under this Mortgage or aRorded by law or equity. and may be exercised concurrently, independently or successively.
13. Sreetssors and AariRtts lsorad: Joist gad Sereral I.iariMty; Captious. The covenants and agreements -herein t
contained shall bind. and the rights hereunder shall inure to. the respective successors and assigns of Lender atad Borrower.
subject to the provisions of paragraph 17 txreof. All covenants and agreements of Borrower shall be joiry and several.
The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to
interpret or define the provisans hereof.
11. Notke. 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 3
j (b) any notice to Lender shall he given by certified mail. return receipt rcquested..to tender's address staled herein or to
such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
1S. UwNona Mortgage: Goverwtag Law: Severability. This form of mortgage combines tmiform covenants for national
use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property. This Mortgage shall Eye governed by the law of the jurisdiction in which the Property is located. In the
event that any provision or clause of this Mortgage ar the Note conflicts with applicable law, such conflict shag not aRect
other provisions of this Mortgage or the Note which can be given effect withart the conflicting provision. and to this
end the provisions of the Mortgage and the Note arc declared to be severable.
lf. lbrrower's Co'y. Borrower shall bt furnished_a conformed copy of the Note and of this Mortgage at the time t
of txecutian or after rcco:datiort l~rcof.
17. Trsadcr of ere hoperty: Assrraptioa. If all or any part of the Property or an interest therein is sold or transferred
by Borrower without Lenders prior writr~n consent. excluding (al the creation of a lien or encumbrance subordinate to t
this Mortgage. (b) the crcatron of a rurchaae money security interest for household appliances. (c1 a transfer by devise.
descent or by operation of law upon the death of a joint tenant or (dl the grant of any leasehold interest of thrtt 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 colt or transferred reach agreement in writing that the credit of such person
is satisfactory to Lender and that the imcrect pyabk on the sums secured by this Mortgage shall be at such rate ac Lender
shall request. 1[ Lender has waived the opion to accelerate provided in this paragraph 17, and if Borcower'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. '
S I[ Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance v?•ith
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 t,xlared due. If Borrower fails to pay such sums prior to the expiation of such period.
Leader may. without further twtice or demand on Borrower. invoke any remedies permined by paragraph IR hereof.
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~ NON-UNIFORM COVENANTS. Borcowtr and Ltndtr furtlltf COVtnant and agree as tollown:
! lg. ActelerMior; Rettacdles. IPxeert as rrovNtd Tw paragrspr 17 rend. tspOO •orrowes's rsacr d gay cotarM K
agreeweN d ¦errower i• trb Mortgage. hclydiag ere eereeaarNs to Ny wkca ire ray soars secrnd by this Me?riRage. Leader
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prior b accekrrtbr sraB araY aotke to •on~ower as'rorfded a pragrapr 11 rereot tPetMyfag:ll) ere rre.er:121 ere sefbw
rgttird b eas suer brtrer;l3) a dale. got less tratr 3• lays frost ere dMe ere artke V aaNed N Berrower. r)' wrkr stsd
~ Oseacr astret re erred: ar/ tI4) flat hilts M etnre stet retack or ar retos ere daft spteMled iw ere rtotiee tray restrM M
j aecekratioa d ere scars secael h' trls Mortgage. QiKeiosrs r)' jrdsehl proeeedMtt ttwd sale d ere hoperry. Tke wetiee
~ scant trrtrer iatorra iorrswa d ere right M sirrshte after recektratbtt awd trt right b rased M ere toeselasrre ~reesedlrt~ .
ere ttwa•exWtace d a defsrN or arty otter defense d Borrower to recekrNior gad fsKteiossne. N ere rnatr is rot crrsd srt
or before eke date spetiied M ere aotke. Leader at l.ewdet's epiow gay dsclare d d ere stsatr scared b tW Mortgage N k
irwat~ately dre sad fable witrort frrtker demand and gay tescloss tkls Mor~age ry jr/kial prreeedMrR. l.endtr•crali
re eatiged to eoareet r strcr procetaiaR aN es'erscs .rf foscbsrs. rtchdiag. rN col IfarNsd tr. s.aor.bk attursey's fees.
awd costa d dottatsetrtatry tvideaee. arstrrcb surd thk sports.
lf. /resrrrer's Rlgrt N Rerutate. Notwithstanding Lender's accckratwn of tFte sums secured by this Mortgage. ?
Borrower shall have the tight to have any proctedm~ec beKtm by Lender to enlorce this Mortgage discontinued ar any time
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