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HomeMy WebLinkAbout2958'~~~~ ~ " ' f ".'" '" `" _.. ._ """'. "_~_~_" ~_, Lender's w~tten agr+eement or applicable law. Bonower shall pay the amount of all mortgage insurxnce premiur~ in the manae~ provided under paragraph 2 heroof. Any amou~ts disbursed by Lender pursua~t to th~ pa~ag~aph 7, with inteoest thereon. shall become additiond indebtedness of. Bonower securcd by Ihis Mortgage. Unless Borrower and Lenckr asroe to othe~ terms of paymen~ such unou~ts shall ~ payable upan natice t~om Lende~ to Borrower requesti~g paymeot thereof, and shall bear interest from the date of disbursement at the nte payable from time to time on outstandtng priocipa) under the Note unless payment of interest at such rate would be contrary to applicable law, in which eveet such amounts shall bear iytqqt a~ the lighest nte permissible under applicable law. Nothing co~tairied i~ this paragraph 7 shall rcquire I.eoder to incur atry eapense or talce any action hercunder. 8. Iaspectba. Lende~ msy make or cause to be made reasonable entries upon and inspections of the Property. provided that Leoder shall give Borrower notice prior to any such inspection specifying rcaso~abk cause therofor related to Lende~'s interest in the Property. 9. Coademaatloe. The procceds of any award or claim for damages, direct or consequential. in connectan with any condemnatio~ 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 proceeda shall be applied to the sums socured by this Mortgage, with the cxcess, if any, paid to Borrower. in Ehe.event of a partial taking of the Property, unless Borrower and I.ender othenvise agree in writing. therc shall be applied to the sums secured by this Mongage such pmportan of the proceeds as is equal to that proportion which the amount af the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Pmpeny immediately prior to Ihe date of taki~g, with the balance of the procesds paid to Borrower. If the Property is abandoned by Borrower, or if, after rtotice by Lender to Borrower that the condemnor offers to malce an award or settle a claim far damages, Borrower fails to respond to Le~der withi~ 30 day~s after the date such notice is mailed, Lender i~ authorized to collect .and apply the procceds, at I~nder's option, either to restoration or repair of the Propeny or to the sums securcd by this Mortgage. Unless Lender and Borrower otherwise agrce in writing, aoy such application of proceeds to principal shal) not extend or postpone the due date of the monthty installments referned to in paragraphs 1 and 2 heteof or change the amount of such installments. 10. Borrower Not Rekased. Extension of tht time fvr payment or modiflcation of amortization of the sums socured by this Mortgage granted by Lender to any succes.sor in interest of Borrower• shall not operate to rekau, in any manner, the liability of the original BorroK~er and Borrower s succcsson in intemt. Lender shall not bt required to commer~ce proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the aums secured by this Mortgage by reason of anv demand made by the orig~nal Borrower and Borrower's successors in intercst. 11. Forbearance by Lender NM a R+dver. Any forbearance by Lender in exercising any right or remedy hereunder. or othervvise atforded 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 Lender's right to accelerate the maturity of the indebtedncss secured hy this Mortgage. 12. Remedles CnmulNire. A11 rcmedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or atforded by law or cquity, and may be exercised concurrently, independently or succ~ssively _ 13. Soccessors and Assigos Bouad; Joint snd Seve~al i.isbility; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successon and assigns of Lender and Bornower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Sorrower shall be joint and several. 77tie captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the proviseons hercof. 14. Notice. Except for any natice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in Ihis 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 i.ender as provided herein, and (b) any notice to Lender shall be given by certified mail, retum receipt requested. to i.ender s address stated hercin or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shal) be deemed to have been given to Borrower or Lender when given in the manner designated herein. lS. Uaiform Mo~tgage; Go~eming I.aw: Sererability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited varia~ions by jurisciiction to constitute a uniform security instrument covering real propeny. This Mongage shall be governed by the law of the jurisdiction in which the Propeny is located. tn the event that any provision or claux of this Mortgage or the Note conflicts with applicabk 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 pro~~isions of the Mortgage and the Note are declared to be severable. 16. aorrowe~s Copy. Borrow°er shall be furnislled a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of t6e Property; Assumption. If all or any part of the Propeny or an intercst therein is sold or transferred by Borrower without Lender s prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise. descent or by operatior~,of law upon the death of a joint tenant or (d) the grant of any leasehold intercst of three years or kss not containing an option to p~rchase, Lender may, at Lenderis option, declare all the sums xcured by this Mortgage to be immediately due and payable. ~ender shall havo waived wch option to accelerate if, prior to the sale or iranafer. I.ender and the person to whom the Property is to be solc~ or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums securcd by this Mortgage shall be at such rate as Lender shall rcqaest. Tf Lender has waivod the option to accelerate provided in this paragraph 17, and if Borrower i snccxssor in • interest has executed a written assumption agreement accepted in writing by Lender. Lender shall nlease Borrower from all obligations under this Mortgage and the Note. if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration +n accordance with paragraph 14 hereof. Such notice shall provide a period of not las than 30 days from the date the notice is maikd 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 netice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NoN-UxtFORtK CovErr,-rrTS. Borrower and Lendet furthet covenant and asroe as folloa-s: 18. Accekntbe; Remcdks.. Excep as provided is para~rspb l7 hereof. tipoe lorrowds breaci d aey co~cw~t or agrcement of Borrower le t~i~ Mort~a6e. incladie6 t~e co~e~raats to p~y whew d.e ~~ srms secered by tl~k Mo~a~e, i.eader prbr lo accdentbe ~ball a~a0 notice to Sorrower as pro~ided lo ~raph ld 6ereof spccK~: (1) tie breac6; (~ tre setloa rcqaired to cors soc6 6rach; (~ s datc, not kas thas 3A daYs frum the dste tbe sotice is reaikd te Eorrower, by ark~ s~ bresch mm# 6e curcd; aod (4) that failore to cure soch bresc6 0~ or 6eEore U~e date speclied i~ tt~e ~otke ~ rea~k i~ secderatioa ot t6e son~s iecored by this Mort`s6e. forcclos~re by judkial ~roceedia~ a.d ~ale of tre ~ro~erty. 'ILe aotlee s6aU Portber ieform Borrower of We riaM to rei~state ~ter accde~stio~ aod tie ri~t b aMert i~ ttie foreelow~e ~roc~eii~ We nos~e~tence ot a defaak or aey otber deEease of Dorrower to accekrstioa aud fora~los~re. N tre 6~+esc~ is ~ot ew+ei ~ or before We da~e speti8ed in tbe notiee, Lender st Leodt~'s optbe msy declare aY of We s~~s aec~red ~ t~is Morf~e b ~e Gnmediatdy dae and payabk wkboat fiuther demsod sna rosy foreclose t6b Mort~e b jndkW M~n~eedi~. Le~ia ~i be eatitled to colkd i~ soc~ proc~ediu` aL e:pee~a ot forecbsorr, iacl~, brt wot ~d to, rea~o~able attor~'s tea. ~d casts ot docnmentary erideoce, a6strscb ~ tide rcporb. . 19. sormwe~s Ri~t to Reimtate. Notwithstanding Lender's accxkration of the wms sa.vred by this Mortasge. Borrower ahall have the right to have any proceedings begun by Lender to enforce this Mortga~e discontinued at any tiroe ~ : ~ ~~~~ , .._~. . _ _ . -. sn`cu~348 e~cE2'~I~ ~ - - ,~.~ r~