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HomeMy WebLinkAbout1412 < ~ ti tJ ) 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 disMused by Lender pursuant to this paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and I.enDer agree to other terms of payment. such amounts shall be payable upon notice from I.cnder to Borrower requesting payment thereof, and shall bear interest from the date of disburxment at the rate payahk from time to time on attstandirtg princc~ipal under the Notes unless payment of interest at such rate would be contrary to applicable law, in which event such amodnttt~li31~ ~tefe'intcrest at the highest rate permiuibk under applicable taw. NMhing rnntained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. S. Iwyectiow, Lender may make or cause to be made reasonable entries upon and inspections of the Property. pravided that Lender shall give Borrower notice prior to any such inspection specifying reasonabb cause therefor related to LendePs interest in the Property. f. CowrewudNow, The proceeds of any aw:rd a clsim for damages, direct or rnnsegneatial, in conrteetiow with any cortdemttation a other taking of the Property. or put thereof, a for conveyartoe in lieu of condemnation. are hereby ats:igrted and shall be paid to Lender, in the event of a total taking of the Property, the proceed: shall be applied to the sum: secured by this Mortgage. with the excess. it any, paid to Borrower. In the evrnt of a pastiest taking of the Property. unless Borrower and Lender otherwise agree in arritintt. there shall be applied to the wms secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amatnt of the sums secured by this Mortgage immediately prior to the date of taking bean to the [zit market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. it tht Fraperiy is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor ofkrs to malts an award or xttk 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 flag Properly or to the sums secured by this Montage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend o: postpone the due date of the monthly instailmcnts referred to in paragraphs 1 and 2 hereof ~ change the amount of ~ such instalhrtents. 1 18. iorrower Not Refieased. Extension of the time for paymrnt or modification of amortization of the wms secured by this Mortgage granted by Lender !o any successor in interest of Borrower shall not operate to reksx, in any manner: the liability of the original Borrower and 8orr~ower s successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extrnd time for payment or otherwise modify amortization of the sums secured by this Mortgage by mason of any demand made by the original Borrower and Borrower's wccessors in interest. 11. Forbearawce by Lcwree Nof a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable 1:w, sha!! nM be a waiver of ar ptrcluQc the excrc':se of any such right ar ramedy. # Tht procttrcment of insurance Qr the payment of taxes or other liens or charges by Lender shall not be a waiver of I.endePs 3j right to accekntc the maturity of the indebtedness secured by this Mortgage. 12. Rewredks CwwtrbH~e. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy trndtr this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. ' 13. Sweteswrs wwd AssfRws Isottwd; ,,ioid asii Several i.ia6iBty; CaNioru. The covenants and agreemrnts herein contained shall bind, and the ri is hereunder Mall inure fo. the res gh pective successon and assigns of Lender acct Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joird 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 deAne the provisions hereof. i 14. Netisce. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shal4 be givrn by mailing such notice by certified mail addressed to Borrower at the Property Address or at such dher address as Borrower may designate by notice to Tender as provided herein, and fb) any notice to Lender shat! he given by certified mail. return receipt requested. to Lender's address stated herein or to such other sddress 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. Udtorw Mort~e; Coverwiag Law; Severability. This form of mortgage combines uniform covenants for national ~f ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform s~urity instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the 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 effect without the conflicting provision, and to this j end the provisions of the Mortgage and the Note arc Declared to be xverabk. ti. Igorrowtrs Cory. Borrower shalt be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Trawsfer of ere Prorerty; Atsswrptiow. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior writrrn consent. excluding (al the creation of a lien or encumbrance wbordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise. f descent or by operation of law upon the Death of a joint tenant or (d) the grant of any leasehold interest of three yeah 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 K a~ be so1J or transferred reach agreement in writing that the credit of such person is satistsctory 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 j interest has exceuted a written auumption agreement accepted in writing by Lender. Lender shall rekax Borrower from all obligations under this Mortgage and the Notes if Lender exercises such option to accelerate. Lender shall mail Borrower notice of sccekration in sccordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within r which Borrower may pay the sums declared due. If Borrower [ails to pay wch stems prior to the expiation of such period: t . Lender may, without further ndice or demand on Borrower, invoke any remedies permitted by paragraph Ifl hereof. Non-UNIFOaM CovErutvTS. Borrower and Lender further covenant and agree as?olbws: lfi. Acrelealiow; Rewnrles. )Excep sa rreviatd ira Mragra'h 17 retest. rrpn Boenwa's rrewrr o< any cvewaN er agrecwtewt of isrrower b IYis Mortga~. iwcbdiwg trc covesarMs fo Ny wrew rtre a¦y sawn secwrer by trk Mortgage. ILewrer e 'riot to ateekrafbw sfsaN waN woMce to Borrower as rrovNed M rwragrwrr 11 herself specYrhg: (1) the rreaeh: t21 the sefiow rstiwiirer to etrre swcr rraer;l3) • rats. wet Rss dart 3o days Craw ere rate the wotke fe wafter to fioerowtr. by which sster reewer wnwt !n ewrer: awr p) that taihrre is cwre swcr rreaeh e+t K retoee ere dwte spsefier iw the wotiet way reswN i• ~ weeekratiow of Ire tatrws srctsrcd y this Mortgage. fbr~seloswee b N~~ M awr sale wt trs rro'erty. 'ilte ~etiee 9 ttltaM twrerer hrtorw ¦orrowee of ere right to reirntate after aeeekratiow twtr ere rtgrt M arM is ere torseNwee peeeeerlwg Ire .ow~exfgewee at w rctatrM or sy firer decease et Bprrdwer N accelesatiaw awr toeeeiawre. Here rre.er b wet cwrsr a or fktorr ere date spscfficr iw ere wa~Mce. lewder st I.ewrers NtMw wtwy rtxlsre M et Are stews seewr,td by tris Mortgage to re iwwedistel3r dtte awr pyarlt witbwl ttuther demand awd way tweeclose /Mls M~age ~ jatricW prseeedlwg. tender shah ? He ewAAer N eo¦cet i• suer peKeediwg ail esrewses of terccloswrt. fnertdiag. rwt west Brwiter a. «awwaNc att.Nwrv's fees. awr cosh oft rwctrtwewtary evidewee. sbstracls awd title rrprls. j l!. fterswwe~s Rkrt to Reirniste. Notwithstanding I ender s' acceleration of the sums xcurcd by this Mortgage. 1 Borrower shall have the right to have any proceedings betyin by Lender to enforce this Mortgage discontinued at any time ~~~2 P~141i