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HomeMy WebLinkAbout13131_endei s written agreement or applicahle law. Born-wcr shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by [.ender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. l)nles Borrower and Lender ague to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower rcyttesting payment thereof. and shall hear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Nate unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shaD 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. 8. Inspection. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided that i.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any sward 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 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, unless Borrower and [.ender otherwise agree in writing. there shall he 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 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 often to make an award or settle a claim for damages, 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 Lender c option. either to restoration or repair of the Property or to the sums secured h}• this Mortgage_ Unless Lender and Borrower otherwise agree in writinc. arse, 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. l0. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by 1_ender to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Borrower and Borrower's successors in interest. Lender shall not he 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 Borrowei s successors in interest. 11. Forbearance by Lender Not a Waiver. Am• forhearancc h}• 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 or the payment of taxes or other liens or charges by i.ender shall not be a v.•aiver of Lendeis right to accelerate the maturity of the indebtedness secured hp this Mortgage. 12. Remedies Cumulative. 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 he exercised concurrently, independently or successively. 13. Successors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein contained shall hind, 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 joint and several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicahle law to be given in another manner. (a) any notice to Borrower provided for in this Mortgage shall he 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 Tender as provided herein, and (h) any notice to Lender shall be given by certified mail. return receipt requested. to I.endeis 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 been given to Borrower or Lender when given in the manner designated herein. I5. Uniform Mortgage; Governing Iaw~; Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations hp jurisdiction to constitute a uniform security instrument covering real properly. This Mortgage shall be governed h}• 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 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 arc declared to he severable. l6. 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. l7. Transfer of the Property: Assumption. if all or anp part of the Property or an interest therein is sold or transferred by Borrower without Lendei s prior written consent, excluding (al the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances. fc) a transfer by 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 option. declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate 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 and that the interest payable 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'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. If Lender exercises such option to accelerate. [.ender 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. lender may, without further notice or demand on Borrower. invoke an}• remedies permitted by paragraph 18 hereof. Nox-UtvtFOant COVENANTS. Borrower and Lender further covenant and agree as follows: lg. Accekntion; Remedies. Except ,s provided in paragraph 17 hereof, neon Borrower's breach of any covenant or agreement of Borrower is this Mortgage, including the covenants to pay when doe any sams secured by Ibis Mortsaae, Lender prior to accekratioa sbafa mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the setion rsgnircd to cane snob breach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower, by wbkb sncb breach must be cored; and (4) that failure to core such breach on or before the date specNied ie the notice may result in acceleration of the sotm secured by this Mortgage. forecbsure by judicial proceeding and sale of the Property. The notice shag further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclasare pioceedi~ the rwn-exktence of a detank or any other defense of Borrower to acceleration and forecloanre. ff the breach is not cared on or before the date specified is the notice. Lender at Leader's option may declare aN of the sums secured by this Mortsa6e to be immediately due and payable without further demand and may foreclose this Mortgage by jndicial proceedi~. Leader shall be entitled to collect in such proceeding aU expenses of foreclosure. inclnding. but not limited to, reasonable attorney's fees, and costs of docntnentary evidence, abstracts and title reports. / 19. Borrower's Right to Reinstate. Notwithstanding I_endei s acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time a~344 o,~r1~13 .y~~.