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HomeMy WebLinkAbout1467 + Lender s written agreement or applicable law. Borrower shall pay the amount of all mortgage insurartoe ptemiutm in the manner provided under paragraph 2 hereof. ~ i Any amounts disbtuted by Lender pursuant to the paragraph y, with interest thereon, shall becara additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and lender agree to other terms of payerreM. strclr amounts shall be payable upon notice from I.endar to Borrower requesting payment hereof, and shall bear interest tt'ota the 's date of dtsbtrrsement at the me payahk from time to time on artstanding principal' th~ Note tmksa payment of interest at such me would be contrary to applicable law, in which event such amounts shall bear interest at the highest rapt permissible under applicable law. Nothing contained in This paragraph T shall require lender to incur gay expaao a tats any sction hereunder. >R la4ectba. lender may make or cause to be made rcasonahk entries upon and inspections of the Property. provided that !.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's interest in the Property. ~ 9. CottdemnsMoa. The proceeds of any award or claim for damages, direct cx rnrrsequential, in connection with any condemnation or other taking of the Property, or part thereof, or far conveyance in lieu of cordemnatan, are hece6y assigned and shall be paid to Lender. in the event of a total taking of the Properly. the proceeds shall be applied to flee sums secured by this Mortgage. with the excess, it any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Larder ohherwise 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 sums secured by this Mortgage immediately prior to flee date of taking bears to the fair market value of the Property immediately prior In the date of taking, with the balanox of the proceeds paid to Borrower. 4 if the Property is abanoMned by Borrower. or if. after notice by [.ender to Borrower that the condemnor offers to matte an award or settle a claim for damages. Borrower fail. to respond to !.ender within 30 days after the date such notice b mailed. Lender is authorized to collect and apply the proceeds. at Lender's option, either to restonfron or repair d tlse + 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 Trot extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount o[ such installments. ~ 14. Borrower Not Rekwed. Extension of the time for payment or modification of amortization of the stuns secured by this Mortgage granted by i.ender to any cuccecsor in interest of Borrower shelf not operate to release, in arty manner, the liability of the original Borrower and Bo+rrowcr'c successors in interest. Lender shall not be required to eomrrrerrt:e proceedings against such successor or reface to extend time for payment or otherwise modify amortization. sf the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's srreeessors in iMee+at. 1t. Forbearance Icy Header Not s Waiter. Any forbearance by Ixnder in exercising any right or remedy hemrrrder. or otherwise aRorded by applicable law. shall not be a waiver of or preclude the exercise of any such right ar e+anody. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Larder's right to accelerate the maturity of the indebtedness secured 6y this Mortgage. 12. Remedks Csrtrdapn. 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 wootasivthr. 13. Streeeasors sad AsdRas iloasd: Joint and Seteral f 3sbAify; Csptisss. The covenants and agreeararts hert:n (t contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, x subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry and stveri.: The captions' and headings of the paragnphc of This Mortgage arc for convenience only and are not to Ile used to interpret ro deAne the provisions hereof. 14. Notice. Except for any norire required under ~applicabk 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 i.ender as provided herein. and (b) any notice to Lender shall he given by certified mail. return receipt requested. to i.enders address Basted hexein or to ~ such other address as Lender may designate by notice to Borrower as provided herein.. Any erotica provided for in fhb Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herder. lS. Uniform Mortgage; Corenriag law; Severability. This form of mortgage combing uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security irratrutnent oorering j 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 sha0 not afied other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to thb end the provisions of the Mortgage and the Note arc declared to be severable. lf. lbn+twer's Copy. Borrower shall be furnished a conformed cop~• of the Note and of this Mortgcge at the time I of execution a after recordation hereof. 17..Trsader of tree Property: Assnmptioa. if all or any part of the Property or an interest therein b add or transferred by Borrower without Lender's prior written consent. excluding (al the erection of a lien or eercumbrance subordinate to this Mortgage. (b) the crcatron of a purchase money cecurity interest for household appliances, (c) a transfer I+y okvise. destxnt or by operation of law upon the death of a joint tenant or (dl the grant of any kssehold iMerat of three yeas or less not containing an option to purchase. Lender may. at Lender's option, declare all flee sums secured by the Mortgsge to be ~ immediately due and payable. Lender shall have veaived such option to atxeknte if, prior to the sale or transfer. Lender and the person to whom the Property is to be co1J or transferred reach agreement in writing that the credit of such person is satisfaMOry. to Lender and that the inten~ct payable on the sums secured by this Mortgage shall bt: at such me as Leader shall roquest. if Lender less waived the oaten to accelerate provided in this psngnph 17. and if Bornowers successor in i intereK has executed a written assumption agreement accepted in writing by Lender. Lender shalt release Borrower from all t obljptions under this Mortgage and the Note. ' i[ Lender exercises such option to accelerate. Lender shall mail Borrower notice of accektation in sccordarrcti with j panrgraph 14 herttof. Such notice shall provide a period of nor less than 30 days from the date the notice b mailed within which Borrower may pay the sums declared due. if Borrower tails to pay such sum: prior to the expiration of rush period. ( Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph lit hereof. ~ Norr•Ut+ttrosw Covetv~twrs. Borrower and Lender further.covenant and agree as tdbws: 10. AeederdMest Remedies. Except ss protMed b psragealh 17 lnertol. tt*sa itertwes's tlrtatlr a/ •l' srrertsrM err agreet~t of Rsrnwa V This Mor1=sge. Mcltriis[ the eoreassfs to Ml~ when dos aq tt¦ms atenrti ti t1Yls Msr~ttBe. iwrrietr Niter N seeelerstlsa sMti mail aottee to liornwer ss proti~ in'sragraplr 14 hereet speelfylap (1) pre 1Mtaelr; (21 at aetlsn regtied bs greet stseh M+eaeia (3) a hle, erot lea than 30 dsys from the date pre aeliee f. aralttl M ilsrrewtir. by ahkh atKh hetaeh tawt k esetrs~ aai (4) that taYaee to eat eseeh ht~eaeh err err before the dale a~teffiti iw pre nslit:t mq eastrlt i¦ ~ 1 stedeeatlsn of the tstasa senwsd h' arts Mortgage. ttreclowrt b tter~ sale at tht 1rrMerly. Tint attics abort Qterprer berets Borrower M the riRM to rebMNe sfter aeederMiow ant the rlgM N stater i• the f'srtcMewt NetattitrtB tfM aotetdrtaree a< a iefateN or any other defetwe of iorrower a aecekrMfoa aai ttrtekssre. g art 1Neaeh Y oat esei ss er hdsa pre iMs gteifiei r the aopce. l;.teder st Leader's optktr may declare aB sQ art wttr aeenred b peter 1MtrtTsalle M k isseialely d¦e sot psyaMc withotet torther desrand and rosy tsrttMte this IMtrlgttge b jadkW P'settilaft. 4 seMfOsi M getter r web peerdietg err expenses of foreckwrt. lacluifsg. Mt gear rarNs/ Os. rtarsaahit stturnetr's fees. treat! eerlr aft iaaytetreahtry eriieaee. aMlrscts Geri silk tepelr. 1!, >isrro~wa's RtgM a Rdsrtate. Notwithstanding Lenders aceekrstion of fire awns secuned by thn Mortgage. ~ Borrower shall have the right to have any proceedings begun by (.ender to enforce this Mortpge discontinued at any time 800~~ P1GE~~~