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HomeMy WebLinkAbout2594- • ti 1 t ~.~~~ ~ 1 cnJcr'c wnucn agreement or applicable low. Borrower shall pay the amount of all mortgage insurance premiums in the manner pnwidcd rurder paragraph 2 hereof Any amounts dishurud by Lcndcr pursuant to this paragraph 7, with interest thereon, shall become additional indchrcdnrsv ~,f Nurnw-cr secured by this Mortgage. llnlesc Borrower and I rnJer agree t4 other leans of payment, such amounts shall Ix payahlc upon notice from 1 ruder to Born,wcr reyttesting payment thereof, and shall hear interest from the date of dishursrment at the ratr payahlc fmm lime to time on outstanding principal under the Note unless payment of interrsl at such rate would he contrary to applicable law, in which event such amounts shall bear interest al the highest rate permissible under applicable law. Nothing c~~ntaincd in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. s. laspectan. Lender may make ur saute to he made reasonable entries upon and inspections of the Property, provided that (.ender shall give Bormwer rat-hcr prier to any uKh inspection specifying rcasotubk cause•thrrefor related to Lrnder's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, dircet or rnnsequential. in cortnection 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 toll raking of the Pmperty. 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 Fender 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 Io 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 hc• Borrower. or if. after notice by Lender to Borrower that the condemnor otters to make an award or ceule a claim for damages, $orrower fail. to respond ro Lender within i0 days after the date such notice n 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 by this Mortgage. ' Unless Lender and Borrower otherwise agree in w•ritrng. any such application of proceeds to principal shall not extend or IxxtW,ne ;he due date of the momhly installments referred to in paragraphs 1 and 2 hereof or change the amount Of such inc;allmentc. •10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums sxurrd by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liahiltty of the original Borrower and Borrower's strccescorc in interest. i_ender shall not be required to commence proceedings against such successor or rcfux to extend time for payment or othenvice modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. 11. Forbearance by Lender Not a Wsiver. 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 or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lendtt's right to accelerate the maturity of the indebtedness sectrrcd h}• this Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy under this Montage or afforded by law or equity. and may be exercised concurrently, independently or successively. ' 13. Successors and Assigns Bottnd:.loins awd Several Liability; Captbns. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender acrd Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joiry 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. l4. Notke. 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 mav_ designate by notice to Lender as provided herein, and (b1 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 b}• notice to Born.wer as provided herein. Any notice pmvided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hercin.~ IS. Uniform Mortgage: Governing law: Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument rnvering 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 Note conflicts with applicable law, such conflict shall not a1leCt other provisions of this Mortgage or the Notr which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Vote arc declared to he severable. 16. 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. !f all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior wnn.n consent. excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, Ibl the creatton of a prrrch.,sr money securit}• interest for household appliances, (c) a transfer by devise:, descent or by operation of law upon the death o(a joint tenant or file the grant of any leasehold interest of three years or kss not containing an option to purchase, Lender may, at Lender's option, decl;,re all the sums secured by this Mortgage to be tmmeJ~ately due and payable. Linder shall base v~:uvrd such option to accelerate if, prior to the tale or transfer, Lender and the person to whom the Property is a, h< .oIJ ar transferred reach agreement in writing that the credit of each person rs satisfactory to I.enJer and that the interest pa}able on the sums secured by this Mortgage shall be at such rate ac Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower i wceessor 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. Lender 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 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 or demand on $orrower. invoke any remediu permitted by paragraph IR hereof. NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows: ig. Accelerataa: Remedies. (Except m provided iw paragraph 17 hereof. upow Sorrowsr's breach of any covetsawt or trgrtement of Borrower iw this Mortgage, including the covenants to pay whew due awy sums secured by this Mortgage. Lewder prior to acceleration shall mail notice to Borrower as provided in paragraph 1d hereof specftriwg: (1) the brcach:121 the setbw required to cure stub bresch; (3) a daft. not kss than 30 days tram the date the notke b mailed to >dorrower. br whkb such bscach must be cured: and (4) that failure to care stub brescb on or before the date spec~ied iw the twtke may result i• accekratan of fife sums secured br this Mortgage, forcdosurc br judkial proceeding and stile of the Property. The notke shall further inform Borrower of the right to rcinstNe after aecekrstba awd the right to assert iw the /ortclosure proceeelMtg the non-existence of a defauM or any other defense of Borrower !o sccekratbw swd torcclosrre. If tbt breach b wet cwred ow or before the date specified in the notice. lender at Lender's optiow war declare aq of the wss rxcwred br Mb Mortgage to be immedtately due and parable without further demand end may torcelose ebb Mortgage by jtrdkW proceednwg. Lender shall be ewtitled to collect in web proceeding all expenses of foreclosure. Including. hot wet Bmited to. reasonable attnrnev's fees. attfd costs of docutwentarr evidence. abstracts and title rcports/ 19. Borrower's Right to Reiwstste. Notwithstanding I ender's acceleration of the sums secured by this Mortgage. $orrower shall have the right to have am proceedigc. hrfiin by Lender to enforce this Mortgage discontinued at any time 801( I'ZGE '~R344 ~ ~i93