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HomeMy WebLinkAbout1904-. Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiutrts Sq the manner provided under paragraph 2 hereof. •' Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by This Mortgage. Unless Borrower and lender agree to other terms of payment, such amounts shall bt: payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the Date of Disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear 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 be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any srrch inspection specifying reasonable cause therefor related to Lender's infitest in the Property. 9. Condemnatbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, ur part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to i_ender. In the event of a total taking of the Property. the pr(xceds shall be applied to the sums secured by this Mortgage, with the exceu, if any, paid to Borrower. In the event of 4 partial taking of the Property, unless Borrower and Lender otherwise agree in writing. there shall be applied to the sums secured b}• Chic Mortgage such proportion of the proceeds as is equal to that proportion which ehe amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Propert}• immediate)}• prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned h}• Borrower, or if. after notice by Lender to Borrower that the condemnor often to make an awarD or settle a claim for damages. Burrower fails to respond to Lender within 30 days after the date such notice is mailed. 1_ender is authorized to collect and apply the proceeds, at tender's option. either to restoration or repair of the Property ur to the sums secured by this Mortgage. Unless Lender a_nd Borrower othen+•ice agree in writing, any such application of proceeds to principal shall not extend or postpone the due Jate of the month)}• 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 secured b}• shit 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 &~rrower'c successors in interest. lender shall not be required to commence pnxcedings against such successor or refuse to extent time for payment or otherwise modify amortization of the sums secureD by this Mortgage h}• reason of any demand made by the oritinal Borrower and Borrowers successors in interest. 11. Forbearance by Ixnder Not a Waiver. An}• forbearance by Lender in exercising any right or remedy hereunder, or ~~therw•ise afiurded 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 ur 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 Cumulative. All reme(ies provided in this Mortgage are distinct and cumulative to any other right or rcmc,ty under this Mortgage or afforded M• law ur equity, ant may be exerciceJ concurrently, independently or successively. 13. Successors and Assigns Bound: Joint and Several Liability; Captions. The covenants and agreements herein cuntaineJ shall hind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the pr(•vicionc of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The capstone ant headings of the para¢raphc of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for an}• notice required under applicable law, to be given in another manner, (a) any notice to Burruw•er provided fur in this Mortgage Shall he given b}• mailing such notice by certified mail addressed to Borrower at the Pmpert}• ADdre~c ur at such other address as Burrower may designate by notice to Lender as provided herein, and (h) am• notice to Lender shall be given h}• certified mail. return receipt requested. to 1 ender s address stated herein or to such other address as Lender ma}• designate M• notice to Borrower as provide) herein- Any notice provideD for in this V.~rtgage shall he Deemed to have been given to Burrower or Lender when given in the manner designated herein. 15. l;niform 1lortgaRe; Gos•erninR law; Sex•erabilit}•. This form of mortgage combines uniform covenants for national use ant non-uniform cuvenantc with IimitcJ variation M• juriuhctiun to constitute a uniform security instrument covering real propert}•. This Mortgage shall be governed hp the law of the jurisdiction in which the Property is located- In the event that an}• , envision or clause of this Mortgage ur the Note conflicts with applicable law, such conflict shall not affect other proci~ium of this Mortgage ur the Nnic which can be given effect without the conflicting pravicion, and to this cnJ the provisions of the Mortgage and the tote arc Declared t(. be severable. 16. Borrower's Copy. Borrower shall l+c furnisheJ a conformed ropy of the Notc and of Chic Mortgage at the time of execution or after recordation hereof. 17. Transfer of the Property: Assumption. if all ur an}• part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior wriucn amce.nt. excluding /al the creation of a lien or encumbrance subordinate to this Mortgage. thl the creation of a purchase money ~ecurit}• interest for household appliances, Ic) a transfer by devise, Descent or by operation of law upon the Death of a jrnnt tenant or IJ- the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at 1_ender'c 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 ant the person to whom the Property is to be solJ ur transferred reach agreement in writing that the credit of such person i~ saticfacton• to Lender and that the interea payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waive) 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 (..ender, Lender shall release Borrower from all obligations under this Mortgage and the Nute. If Lender exercises such option to accelerate. LenJer shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not Tess than 30 days from the date the notice is mailed within which Burrower may peg 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. im•oke any remedies permitted by paragraph 1R hereof. NON-UNIFORM CO~EVaN7c Borrower and 1_ender further covenant and agree as follows: 18. Acceleration: Remedies. Fxcept ab prodded in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this'1fortRaRe, including the covenants to pay when due any sums secured by this Mortsa=e, Leader prior to acceleration shall mail notice to Borrower ac provided in paragraph 14 hereof specifying: (1) the breach; (2) the actbn required to cure such breach; 13- a date. not less than 30 days from the date the notice is mailed to Borrower, by wbicb snc6 breach must be cured: and (4) that failure to cure such breach on or before the date specified is the notke may cads is acceleration of the sums secured b}• this vlortRage, foreclosure by judicisl proceeding snd sale of the Properfy. Tbt outlet shall further inform Borrower of the right to reinstate after acceleration and the right to assert in tbt foreclosnre ptroctediag the non-existence of a defauh or am• other defense of Borrower to accekntion and foreclosure. If the breach is out cored oa or before the date specified in the notice. (.ender at Leader's option may declare aB of ehe sntas secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicW proceeding. Lender sbaB be entitled to collect in wch proceeding all expenses of foreclosure, including, but not limited to, rettrwaabk attorney's tea, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstanding Lender'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 Addead~~ to Para:raplta 15. Tire state and local laws applicable to this mortgage shall be the laws of the jurisdiction in which the property is located. The foregoing sentence shall not limit the applicability of federal law to this mortgage. 8344 ~~i9(l~ .~ r -~ -_~ ~_=_~-