HomeMy WebLinkAbout1485 I.cndcr's written agreement yr applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the
manner provided unrkr paragraph 2 hereof.
Any smamts disbursed by Lender pursuant ro this paragraph 7, with interest thereon, shall become additional t
indebtedness of Ibrrowcr secured by this Mortgage. Unless Borrower and Lender agree to other temps of payment, such 1
amounts shall he payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest [ran the
date of disbursement at the rate payable from time to time on outstanding principal under the Note unless pa~mndtt of
interest at such rate would be contrary to applicable law. in which event such amounts shall bwr interest at the highest me
permissible under applicable law. Nothing contained in this paragraph 7 shill require Lender to incur any experae or takes
any action hereunder.
R lwspectioa. lender may make or cause to be made rcasonabk entries upon and inspections of the Property. provided
that lxnder shall give Borrower notice prior to any such inspection specifying rcasonabk cause therefor related to Lender's
interestin the Property.
9 Coadewraa~tiow, The proceeds of any award or claim for damages, direN or rnnsequential. in connection with any
condemnation a other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender.
1n the event o[ a tMai taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage.
with the excess, if any, paid to Borrower. 1n the event of a partial taking of the Property. unless Borrower and Lender
otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds
as is egwl to that proportion which the amount of the sums secured by this Mortgage immediately prior to the dab of
taking bears to the fair market value of the Property immediately prior to the date of raking, with the batarux of the proceeds
paid M Borr+Awer.
if the Property is abandoned by Bor.-ovver, or it. after notice by Lender to Borrower that the condemnor oRets to make
an award or settle a claim for damages. Br+rrower fails to respond to Lender within 30 days after 'the date suds not'toe is
mailed. Lender is autlarized to collect and apply the proceeds, at Lender's option. either to restoration or repair of the
Property or to the wms secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall rat extend
or postpone the due date of the monthly installments referred to in pangnphs 1 and 2 hereof or change the amount of
such installments.
10. Berrower Not Released. Eztensan of the time for paymrnt or modification of amortization of the sums secured
by this Mortgagr granted by Lender to any successor in interest of Borrower shag not operate to release. in any manner.
the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to comrrrenoe
proceedings against such wocewor 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 suece~ors in interest.
11. Forbearawee ~ 1Leaier Not s Wainer. Any fr~rbeannce by Lender in exercising any right or remedy hereunder. or
otherwise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any such right or remedy.
The procurement of iruurantx or ire payment of taxes or other liens or charges by Lender shag not be a waiver of Lenders
right to acceknte the maturity of the indebtedness secured by this Mortgage.
12. Resed4s CwwwlaM~ All remedies provided in this Mortgage an; distinct and cumulative to any other right or
rerrredy under this Mortgage or at[orded by law or equity, and may be exercised concurrently, independently or suooessively.
13. Sweeesaors swd Aseigas Bowsis ,Jolwt awl Screral i.is6iBly; Captions. The covenants and agreements herein
contained shall bind, and the rights hereunder shat! inuug to. the.rcspective waxsson and assigns of Lender apd Borrower.
wbject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joirif and several.
The captors:' and headings of the paragraphs of this Mortgage arc for eonvenienoe only and are not to Ile used to
interpret or define the provisions heret+t.
14. Notice. Except for any ranee 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 certifed mail addressed to Borrower at
the Property Address or at such other address as Borrower may designate by ndioe to Tender ss provided herein. and
(b) any notice to Lender shall be given by certified mail, return receipt requested. to Lenders address stated herein or to
wdr other adores: as Lender may designate by notice to Borrower as provided herein. Any ratite provided for in this
Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
1S. Uaiforwr Mortgage; Coveniyt Law: Srerabiyity. This form of mortgage combines uniform covenants for national
use and ran-uniform covenants with limited variations by jurisdiction to corWitute a uniform security instrument covering
real property. This Mortgage shah be governed by the law of the juris~ction in which the Property is located. in the
event that any provision or clause of this Mortgage or the Nde conflicts with applicable law. such conflict shall not affect
other prosi~sions of this Mortgage or the Note which can be giv=rr eQect without the oonfliaing provision. and to this
erd the provisions of the Mortgage and the Note are declared to be severable.
j 1f~ •ornwa"s Comma Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
o[ execution or after recordation hereof.
17..Trwasfer e< the Pre*erty: Alawptierr. if alt or any paR of the Property or an interest therein is add or transferred
by Borrower without Lenders prior written consent. excluding fat the creation of a lien or encumbrance subordinate to
this Mortgage. (b) the creation of a purchase money security interest for horneliold sppliancea, (c) a tnnster try devise.
descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
not containing an option to purchase. Lender may. at Lender's optron. declare all the sums secured by this Mortgage to be
immediately due and payable. Lender shaft have waived :rich option to aecekrate if. prior to the sale or transfer. Lender
and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
is satisfactory to Lender gad that the itNerryst payable on the sums secured by this Mortgage shall be at arch me as Lender
shall request. i[ Lender has waived the option to aaeknte provided in this paragraph 17, and if Borrower's successor in
interest has executed a writtee sastimption apeeatatt accepted in writing by Larder. Lender shall release Borrower from 'all
obljgations under this Mortgage asd the Note.
1f Lender exercises such optiow to accelerate. Lender shall mat Borrower notice of aocderation in sceordancti with
paragraph l4 hereof. Such ratio shall provide a period of not less than 30 days froru the date the notice is mailed within
which Borrower Wray pay the sums declared due. it Borrower taib to pay such sums prior to the expiation of such period.
Lender may. without further notice or danand on Borrower. invoke any remedies permitted by paragraph 18 hereat.
NoN-Ut+rt~onat Cart*_rrstrrs. Borrower and Leadtx turtlrer covenant and asrea as idlaws:
li. Aecekratissp itewreifes. 1Szee}t ~ i l~aN 17 Mtaet. t/sw >Nrrawealt baaell of aaq? cwcriwwt or
agrtaaeat o1 llternrwer d tYs Matgage. irclwias ~ aa+eaarib N ~aq wrea ~ws s+ay sates stcwrei b7 this Mertgagt, iewdetr
prior is aecelentiea sfrer waN wetiee M)terrw•e~ s ~ravMti t• !~!b 14 Irar+ss[ s~eelfiigr (1) the breach rn the adiow
segaire~ M earn srt+eb MtradK (37 a ~ wtt less tttiaw 3• days bran ttre data tilt wttk+c r awMca M 1lernawer. b whkh sorer
M~eacir mtrM be eax+t~ aai (q tt~st failare Ifr cage sMlb ttreaeli ew er ktire tort dart apleifei is dit wotkt stay rr;saq b
aecderatltw et tic sa>.a stcwrsd b taia M«t~e. fltradtwwtr b 1~W l~ti sal sole of tie Tr+o'erty. Tate notice ;
sWi/ fttrrtller iaJans ifornwet ~ qre r1gM N relssh/e affte* wecelesaHos awl the rleM N assert M flit torseioatrrs proteeilrtg
rise aww•exYewce at s iefarilt K glop slier ~e/:sae at llternrrrer Is aaYdentNs aai fereeloawr~ >r flit btreacir b sot core! err ~
er 6dare the JNs speeYei `the rrslirR I~ewisr nt iew/er'b s/1Mw tray Jatltate a/ at tint wrtas ssewti by flits MartgrlRe b bt
iarwie~ately dwe acrd NyaMt wiMMa1 Mlrer aewawr awl gay faeeMse ttlis Mtr~sge y }ikW MaeeedMtt. Lrndtr shop
tar: eatldaa w crrsct is srreh pcetdisg r esparses iii tereclsswrr~ Iwehrilrrg, hriM wN llaillsi M, ressewable sttxneq's fees.
awes teats at ioc.-+ewhr)? eri/ewce, aialrseb awl title relarb. .
,19 dlerrrwa's Rtght N Reiaalata Nr~twithstandiw
ft t.euder's aoakratiow d the sa~rns secwtd by the Mortgage. i;
Borrower :ball have the right to have any proceedingstieEun ~ Lender to enforce this Mortgage discontinued at any time
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