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HomeMy WebLinkAbout1424 N I Lender's written agreement a applicabb law. Borrower shall pay the amount of all mortgage insurance prtmittms in the manner provided under paragraph 2 hereof. ~ Any amounts disbursed by Lender pursuant to this paragraph 7. with inttrat thcrtort, shall bccomo sdditiatal ~ indebtedness of Borrower secured by this Mortgage. Unless Borrower and I_cnder agree to other terms of payment. such amounts shall be payable upon rtMice from Lender to Borrower requesting payment thereoi~ and shah bpr interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless pa~nwatt or interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the hijltat rate permissible under applicable law, Nothing contained in this paragraph 7 shall require Lender to incur any experae or fate any aNion hereunder. . >L irtspec8ow. 1_ender may make or carne to be made reasonable entries upon and inspections of the Property. provided ~ that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larders i interest in the Property. ~ 9. Cowdeatratiow. The proceeds of any award ar claim for damages, direct or consequential, in connection with any E condemnation or other taking of the Prope~y, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned t and shall be-paid to Lender. 1 In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Fender 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 amamt 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 paid to Borrower. if the Property is abandoned by Borrower, or if. after notice by lender to Borrower that the sort. demnor oRers to mate an award or settle a claim for damages, Borrower Wils to respond to lender within 30 days after the date such rtotioe b mailed, Lender is authorized to collect and apply the proceeds. at f.ertder's option. either to restoration or repair or 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 shag not extatd or postpone the due date of the monthly installments referred to in paragraphs. 1 and 2 hereof or change the amount o[ ' such installments. i 10. Sor~rower Not Released. Extension of the time for payment or modification of amortization of the sums seatred 1 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 Bc?rrawer s successors in interest. Lender shall not be required to commence i proceedings against such successor or refuse to extend time for payment or otherwise modify amortintion of the sums t secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. 11. Fobbearawce b7' l.cwier Not a Waiver. Any forbearance by Lender in exercising any right or remedy her+ntnder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or rartedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indeMtdness secured by this Mortgage. l2. Rernedles CnrwalaMrs. All remedies provided in this Mortgage arc 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. Swcceasors artd AasiRas )dotrwd: Joist swi Several I.ia6iBty; Captlowa. The covenants and agreeancrtts herein contained shall bind, and the rights hereunder shall inuug to. the.respoctive wooessors and assigns of Lender gad Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower :hall be jolty and several. The captions' and headings of the paragraphs of this Mortgage arc for convenience only and ar+e not to lie used to interpret or deAne the provisions hereof. 14. Notke. Except for tiny rtotict 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 certiAed mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to lender at provided herein. and _ (b) any notice to Lender sha0 he given by certified mail, return rooeipt requested. to Lenders address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in fhb Mortgage :hall be deemed to have been given to Borrower or Lender when given in the manner daiptated her+eirt. 1S. Urdtorm Mortgaage; Corer'iwg Lsw: SererabitBy. This form of mortgage combines uniform covenants for national ' l use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security 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 alkct L other provisions of this Mortgage or the Note which can be given eBect without the eonAicting provision. and to this end the provisions of the Mortgage and the Note arc declared to be severable. t lti. >fonewtr's Copy. Borrower shall be furnished a conformed roP)• of the Note and o[ this Mortgage at the time of execution or after recordation hereof. 17..Trawster of the Troperty: Assswrptiow. if all or any part of the Property oar an interest therein b sdd or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a .lien or encumbrance wbordinate to this" Mortgage. (b) the creation of a purchase money security interest for howehold sppliances, (c) a transfer by devise. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold imerat 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 it. prior to the sale or transfer, Lender and the person to whom the Property is to be cold or transferred resch agreement in writinf that the credit of such person is satisfaMOry to Lender and that the interest payable on the sums secured by this Mortgage shall be at arch rate ac Lender shall request. if Lender his waived the option to accelerate provided in this paragraph 17. and if Borrowers wcussor in interest has executed a written sswmption agreement accepted in writing by Lender. Lender shall release Borrower from all obljgations under this Mortgage and the Note. if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with puagraph 14 hereof Such notice shall provide a period of rtd ku than 30 days from the date the notice is mailed within which Borrower may pay the wms declared due. If Borrower fails to pay such sums prior to the expiration of such period, 1 bender tray. without further notice err demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. Nor+-UNttrottnt Covat~tanrrs. Borrower and Lender further covenant and agree as-foiiows: 1=. Acesieratio~ Rsssct. E:tept r• prorNei liw /aragrttp~ 17 hereof. trpen s Meacb nr tnry crerrrrf er agrsewrewt d >>ernwet is felt Mertga~e. ireia~htg 1>te eorewnrts to pity when Lie awy rtwwrs sreewretl fay Brit Marrs. I.etsder i ptrias N aeeekratlon sW wail police 10 Ilorrawer as provNN r paragnplr 14 Irerert speerjltrgs (1) tits itsaclt: f2) ttte setMw a te~airsi a etw~s rater Mwek (3) • Lte, not less Barr 3• Lys morn dte Lte tee wetke it ttsttretl N Mrnwer. by wYeM swe~ S MrsneM mwt ile ewrs~ awrl to Wt talhrre a ctw~s stuclr htsaclt M K ~erete tee Lte speeiAsi r the wsdcs essay resaM ire ~ weeeieraYaw et tfie ttttaaa tteearerl i<y tlrlt Merlgage. fireelewrs h'y ~es~ awl sale or tee >rroperty. '11re wattiee aW lattrer iatorwr lternwer at the riRM to esiwshtt arter aeeekralkw arrtl tlro rIg1N M astM Iw tlts /erstlaswte /troceettitiy the wew•exwewee s[ a ~efaalt er aq ether detente of iiorresres a accekrMMw awl t«sekawe. M the breaer i. t»t ewratl a err 6stete rate Lte apseiied i• the watkY. I,ewtkr a I.errtler's eptlew array Lelars at et tee wtws tttxwretl ry flit M«tR,~t)pe N itie • Itw¦tatliatlely rivet: awtl pwyaMe w1111ow1 ratter dernana gar wtsy tetselete tltit M«tyage b }tl+eid rrceedVR. tenser .Mll iIS eatlAatl N caiaet i• after ptresetiiag ant e:peases nr toreclosws. iwclwrlfa~. firer t»t iatiNd M teatewwYs sltwweYa fees. atttl sash et isea-meMary eviiewa, aftatnet avert title report. • 1!. iterrrwss'a RijM N Rel¦Mate. Notwithstanding Lender's tttxaekration of the sums secw+ed by the: Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time 80 K~~ Pfa1~~~t1~