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HomeMy WebLinkAbout1385 ~ •1` I.endrr'c written agreement or applicable Irrw. Borrower shall pay the amount of all mortgage insurance premiums in the manner pn?vidcd under paragraph 2 hereof. Any amuunts~ dishnrsed by Lender pursuant to' this paragraph 7, with intrrcst thereon, shall became additional indebtedness of Burrower u;cured by this Mortgage. lJnless Borrower and Lender agree to other terms of payment, such amnunts shall he payahle upon notice from Lender to Borrower requesting payment thereof. apd slptll.b~ar interest from the date of disbursement at the rate payahle from time to time or? outstanding principal under thee Note unless payment of interest at such rate would i+e contrary to applicable law, in which event such 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. laspectioa. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that !.ender shall give Borrower notice prier to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Coademnatba. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby atsignod and shall be paid to Lender. Tn the event of a total taking of the Property, the proceeds shall be applied to the sums sectrr+ed by this Mortgage. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing. there shall be applied to the sums sectrt~ed by this Mortgage such proportion of the ptotxeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking hears 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 condemnor oRen to make an award or settle a claim for damages. B~•rrnwer 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 the Property or to the sums secured M• this Mortgage. Unless Lender and Borrower otherwise agree in w•rittng, 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. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums t+ecured by this Mortgage granted by tender to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Borrower and Borrower's strccessorc in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortizatron of the sums secured by chic Mortgage by mason of any demand made by the original Borrower and Borrower's successors in interest. I1. Forbearance by i.eader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, 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 {tr the payment of taxes or other liens or charges by 1_ender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cnmulatire. 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 acrd Assigns 13oand; Joist turd Several i.iabiNfy; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joinj and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be teed to interpret or define the provisions hereof. 14. Notke. Except for any notice rcgtrircd under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgaee shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower mav_ designate by notice to fender as provided herein, and (b) any notice to Lender shall he given by certified mail, return receipt 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 this Mortgage shall be deemed to have peen given to Borrower or !.ender when given in the manner designated herein. 1S. Uaifor•m Mortgage: t;orernirrg law; Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations h~• jurisdiction to constitute a uniform security irutrument 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 Nate conflicts with applicable law, such conflict shall not aReet other provrsions 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 arc declared to he severable. 16. ilorroner's Copy. Borrower shall be hrrnished a conformed copy of tht Note and of this Mortgage at the time of execution or after recordation hereof. 17. Trtrasfcr of the Property: Assumption. If all or any pan of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a1 the creation of a lien or encumbrance subordinate to this Mortgage. (bl the creation of a purchrce money security interest for household appliances. (e) a transfer by devise, descent or by operation of law• upon the death of a joint tenant or (d1 the grant of any leasehold interest 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 payahle. Lender shall have sawed such option to accelerate if, prior to the tale or transfer. Lender and the person to whom the Property is to be co1J or transferred reach agreement in writing that the credit of each person is satisfactory to Lender and that the intcrect payable on the sums secured by this Mortgage shall bt at such rate ac Lender shall request. If 1_ender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. 1! Lender exercises such option to accelerate. lender shall mail Borrower notice of accekralion 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 3orrower may pay the sums declared due. if Borrower fails to pay such sums prior to the expiration of such period, Lender may. without further notice ar demand on Borrower. invoke any remeditt permitted by paragraph 1 R' hereof. Nort-UtvtFOrenr Covetv~tv7s. Borrower and Lender further covenant and agree as follows: lg. Accekrdioo; Remedies. IE:ceq s prorWed ire ptrtragrtrph 17 hereof. upon sorrowers breach of say coreasat er agreement of ftiorrower in this Mortgage. iaciudirrg rlre toreaaMs to pay when due arty sums scented by tbb Mortgage. Lender • prbr to accekralion shtrU mail rwtke to Qorrower ro prodded fa puagrtsph 14 hereof specifying: (1) the breach:/21 the aetiow eequired to cure such brtrsch;l3) a date. cwt less than 30 days from the dNe the aMke b mailed fo eorrowcr. by ahkh such bseach meat be cared; and (4) that failure to crre such breach ow or be[or+e the date speel6ed M the twtke may result iw accekratioa of the snots stcnred by this Mortgage. torteelosurr by jxrdicisl proeeedhr~ turd sale of the Pr+opcrty. The wotke shall further inform Rorrowcr of the right to reinstate deer sceekratbn turd tbt right to ssseA iw fire tortclosrrrt! ptroeeedlrtg the non-existence of a defsuN or tray other defense of Borrower to aceekratioa acrd tortclowre. if ibe breach b nM csrtta o0 or before the date specilitd is the notice. Lender at i.eadtr's option rtsay declare sp of the sums seenr+ea by fhb Mortgage b be immediately due and payable without further demand a~ raay foreclose ebb Mortgage by judkW proceeding. Lender shag be eotitkd to collect M torch proceeding aq a:penses of foreclosraro. inch~dirq. but trot darited to. rtasoaable MturneY's fees. dad costs of docuwrewttrry erideace. abstracts and title reports. 19. >sorrower's Right to Reinstate. Notwithstanding I ender's acceleration of the sums secured by th~c Mortgage, Borrower shall have the right to have am proceedmec br~:,un by Lender to enforce this Mortgage discontmucd at any time 3~3 Pacf i364 BOCK