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HomeMy WebLinkAbout1367 i - • I.rndcr's written agreement or appltcable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner pruvidesl under paragraph 2 hereof. Any amounts di~hurxd by Lender pursuant to this paragraph 7, with interest thereon, shall become additional in?khtcdnesc of Borrower secured by this Mortgage. l)nless Borrower and Lender agree to other terms of payment, such amounts shall Ix payahle upon notice fr??m Lender to &?rmwrr reyuecting payment eheregf? ant! shall hear interest from the data of disbursement at the rate payahle from time to time on outstanding principal under the Note unless paymen• of interest at such rate would be contrary to applicable law. in which event each amounts shall hear 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. >Z. Itsspectiow. Lender may make ar cause to t?e 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 Lender's interest in the Property. 9. Cortdemwatbw, The proceeds of any award or claim for damages, dir+txt or consequential, in rnnnection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. arc 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 excess, if any, paid to Borrower. In the event of a partial taking of the Property,'ttnkss 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 equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to tht 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 $orrower that the condemnor offers to make an award or settle a claim for damaecs. 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 I~nder's option, either to restoration or repair of the Property or to the sums secured h}• this Mortgage. Unless Lender and Borrower otherwise agree in w•ritinc. any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 16. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured 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 Borrower's srtccessorc in interest. Lender shall not be required to commence proceedings 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 b}• the original Borrower and Borrowers successors in interest. 11. Forbearance by [.ender Not a R+aiver. Any fort?esrance by Lender in exercising any right or remedy herctrnder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance Qr 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 indebtedness secured by this Mortgage. 12. Remedies Comulatire. All remedies provided in this Mortgage are 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. Successors and Assigns Bound; .7oiwt atd Several I.iabAily; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall intrrc to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. A{I covenants and agreements of Borrower shall be joirlj and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and arc not to be used to interpret or define the provisions hereof. 11. Nolke. 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 Lender as provided herein: and (h) any notice to Lender shall he given by certified mail. return receipt requested. to I ender s address stated herein or to _ such other address as Lender may designate h}• rx?tice to Borrower as provided herein. Any notice provided for in this • Mortgage shall be deemed to have been given to Borrower ?x 1_ender when given in the manner designated herein. 1S. Uniform Mortgage; Gorerwing law; Serrnbilit}•. This form of mortgage combines uniform covenants for national I~ use and non-uniform covenants with limited variations h • jurisdiction to constitute a uniform securit instrument eoverin Y g 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 claux 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 end the provisions of the Mortgage and the Note are declared to be severable. 1L, Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of the Property; Assumption. It all or any part of the Pn~perty or an interest therein is sold or transferred by Borrower without Lender's prior writr.n consent. etcluding (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creatie?n of a purchase m~?nev security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the Jcath ofr joint tenant or (dt the grant of any leasehold interest of three ycan or less not containing an option to purchase. Lender may. at I ender i option, declare all the sums secured by this Mortgage to be immediately due and payahle. Lender shall hrve w;uved such option to accelerate if, prior to the sale or transfer. Lender and the person to whom the Property is ti? be .oIJ or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the intcrc.t pa}able 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'a successor in interest has executed a written assumprion agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. . If Lender exercises such option to accelerate, tender shall mail Borrower notice of acceleration in accordance with 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 declared due. If Borrower fails to pay such sums prior to the expiration of such period, [.ender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph IR hereof. k NoN-UNIFOQM Covt=.tvxtvTS Borrower and Lender further covenant and agree as follows: 1t;. Acccleratiow; Remcdks. Except as provided is psraBrspb 17 bared. upon Borrowers breach d any covewaat s+r agreement of Borrower iw this MortRsge. iwcludinR the eorttawls to pay whew due any sums secured by this Mortgage. Lewder i prbr to accekratiow shall mail notke to Borrower as Prodded lw P~[nPb 11 hereof specHyiws: (1) the brtach;121 the adbw ~ required to core such breach; (3) a date. woe less thaw 30 days from tbt date the wotke b mailed to Borrower. by whkb sod bscach must be cored; gad (1) That failure to core strcb breach ow or before flee dale sptef6ed M the wotke may resWt h accekntioa d the sums secured by this Mortgage. Ioreclosurt by judkial proceedtw` and sale d 111t Property. The wolkt shall further inform Borrower d the right to reinstate sfter accekrMba swd tbt right to assert iw the fortclosore'roceedirrg the aow-a:istewce d a defauM or any other defense of Borrower to wccekrstbw and forecbsore. 11 the breach is wM need ow or before the date specifiitd is the notice. Lewder at I.ewdtr's option Wray dtcbtse ale) d the wms secured 67' M[s Mortgage M k immediately dot swd Payable without further demand and may foreclose this MoristKe by judkW Proeeedbtg. i.ewder chap be entitled to cogeet a such proceeding aN a:pewses of foreclosure. iwcludbq. hot not Bmitel to. reasonable aft„rncv's fees. and casts d donrrwetrtary eridewce. abstracts and title reports. g 19. Borrowers Rlgbt to Reinstate. Notwithstand~ng.l ender's acceleraUOn of the sums secured by this Mortgage. f Borrower shall have the right to have an} prcxerdmes hrf}~n by Lender to enforce Ihn Mortgage d~sconhnued ar any time ` B~KJ`tJ PlGE1~~ y~_ ~ _ _ - - _