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Home My WebLink About0983 s ~ 1 1 ~ Len~ier's wr~iten agreement or appl~caU~e iaw. Borrowei shall paY~r~StibLnt of all A~#ly~ye ~nsurance ~rem~urns ~n t?~e manne~ prov~ded under parayraph 2 hereut. Any amounts d~sbursed by Lencler pursuant to th~s paragraph 7, wdh mterest thereon, shati become aad~honai . ~ndebtedness ot Borrower secured by th~s Mortgage. Unless Borrower and Lender agree to othe? terms ot payment. such amounts shaU be payable upan noUCe Irom Lender to Borrower reques~~ng payment thereof, and shall bear ~nterest from ~he date ot d~sbursement at the rate payabse from t~me to t~me on outstanding pnncipal under the Nole unless payment ot ~nterest at such rate would be contrary to applicable law. ~n wh~ch event such amounts shall0ear mterest al the n~ghest ?ate perm~ss~ble under appGcabte iaw. Nothing conta~neci ~n th~s paragraph 7 shal! reqwre Lender to mcur any expense or take , any act~on hereunder. 8. Inspsctlon. Lender may make or cause to be made reasonable entnes upon and ~nspect~ons ot the Property. provided that Lender shall g~ve Borrower not~Ce pnor to any such inspection speCrfyir.g reasonable Cause tnerelor related to lenders ~nterest the Property 9. Condomnation. The proceeds ot any award or cia~m tor damages, direct or consequenaai, ~n con~ect~on w~th ar~y condemnat~on or other tak~ng ot the Property. or part thereof, or lor conveyance ~n I~eu ol condemnat~on, hereby ass~gnecl and shall be pa~d to Lender. In the event of a totat tak~ng ot tha Property. the proceeds shall be appl~ed to the sums secured by th~s Mortgage. with the excess, it any pa~d to Borrower. In the event of a part~ai tak~ng ot the Property unless Borrower and Lender ~ otherwise agre~ ~n writmg. Ihere shall be applied to the sums secured by th~s Mortgage such proport~on ot the procee~s ~ as ~s equat to thal proportion wh~ch the amount of the sums secured by thfs Mortgage ~mmed~ately pr~or to the date of tak~ng bears to the fair market value of the Propehy ~mmed~ately pnor to the date of taking, w~th the balance of the proceeas - paid to the Borrower. ? If the Properiy is abandoned by Borrower, or ~f, atter not~ce by Lender to Borrower that the condemnor otlers to make an award or settle a claim tor damages. Borrower fa~is to ?espond to Lender wnh~n 30 days atter the date such not~ce ~s ma~Ied. Lender ~s authon2ed to collect and apply the proceeds. at Lender's opt~on. e~ther to restorat~on or repa~r ot the Property or to the sums secured by Ih~s Mortgage - • Unless Lender and Borrower otherw~se ag?ee ~n wr~Ung any such appl~cat~on of proceeds to pnnc~pal shall not extend or posipone the due date ot the monthly ~nstatlments referred to ~n paragraphs 1 and 2 hereot or change the amount ot such installments. 1 O. Borrower Not Released. Extens~on of the time (or payment or mod~hcation ot amortization ot the sums secu?ed by ih~s Mortgage granted by Lender to any successor ~n ~nterest of Borrower shalt not operate to release, ~n any manner. the 1~ab~tlty ot the ong~nal Borrower and Borrowers successors m interesl. Lender sha11 not be required to commence proceed~ngs aga~nst such successor or ?eluse to extend t~me for payment or otherw+se mod~fy amortizat~on ot the sums secured by this Morigage by reason of any demand made by the ongmal Borrower and Borrowers successors m mterest. 11. Forbsa~nce by Londe~ Not s Waiver. Any torbearance by Lender in exerc~s~ng any right or remedy hereunder. or othen~vise atforded by appl~cable law, shall not be a waiver of or preclude the exercise ot any such r~ght or remedy. The procurement ol ~nsurance or the payment ot taxes or other Icens or charges by Lender shall not be a wa~ver ot Lender s right to accelerate the maturity ot the ~ndebtedness secured by th~s Mortgage. 12. RemediesCumulatlve. An r~medies provided ~n th~s Mortgage are d~sti~ct and cumulative to any othe~ r~ght or remedy under this Mortgage or atiorded by Iaw or equsty. and may be exerased concurrently, independently or s~~ccess~vely 13. Successo?s and Assigns Bound; Joint and Several Liability; Captfons. The covenants and agreements here~n conta~ned shall o~nd. and the nghts hereunder shall ~nure to. the respect~ve successors and ass~gns of - Lender ~nd Borrower. sub~ect to the p?ov~s~ons ot paragraph 17 hereof. All covenants and ag!eements ot Borrower shall be ~o~nt and several. The caphons and head~ngs o! tne paragraphs of th~s Mortgage are for coven~ence oniy and are not to be used to ~nterpret or det~ne the prov~s~ons hereot. - 14. Notice. Except tor any r.ot~ce requ~red unde? appl~cabie iaw to be g~ven in another manner, ~a) any not~ce to Borrower prov~ded for ~n th~s Mortgage shall be g~ven by ma~l~ng such not~ce by cert~f~ed ma~l addressed to Borrower at the Property Address or at such other address as Borrower may des~gnate by notice to lender as provided here~n. and Ibi any notice to Lender shall be g~ven by cert~i~ed ma~l. return rece~pt requested, to Lender s address stated herem or to such other address as Lender may des~gnate by nohce to Borrower as prov~ded here~n. Any not~ce p?ov~ded for ~n th~s AAortgage shatl~be deemed to riave been g~ven to Borrower or Lencier when g~ven in the manner des~gnated he?e~n 15. Uniform.Mortgage; Governing Law; Severability. This !orm ot mortgage comb~nes un~form covenants to~ n~t~ona~ use and non ~;n~tu~m c~~,enar~;s ,v~?h ~~rr;~teU vanabons by ~unsU~ct+on to Const~tute a un~form 52curfty mstrume^! ~ covering reai property Tr?P S~d1P an~.y 'or_,,i ~a:~~s app!~caU!e to th~s Mor+yage shali be the !aws of the ~unsd~ct~on m~vh~ch ;he Property ~slo.cate~ TrP t~~~HC~o~nc~ ~~n,ence s~a!i not !~~r•~; tne app~~caL•~,~ty ot tederal ia~~, to th~s n.ortgage In Thea.er~~ ; rnat any Uruv~s~on or eldUSE' ~i1 t~`~5 i~~:,•~,i~:::C r~;c• P.UIE' CC`.~1fI~C!S :L~lh ~~~)i~C~it)iE idii SUCh C(~/l}i~C? 5"di; ^Oi dlit"_'1 Cr•,e• ! `tQ`.i~1U'1~ Ot tni5 ~.Q(;~~c~:f'_7r . ~'~~r~ , . 'r~~. ..if` [tE' ~~~'.t' F•1~F~'.. i'Ji("(iUt ~hf' ~.U~1t:iL~~~1C~ t~ . 11E; ~!i ~ r.~f: . . (}'~;~~i U cl' i p~OvisionS uf The !~1~~~!ctac~~ .~r, i'tte .,are 'arec: to t,~r ~e:erdt:~~ 16. Borrowers Copy. Borrowe~ sha~! be furn~shed a conformecf copy of the Note and ot th~s Mortgaye at the t~me ; of execut~on or after recordat~on hereof ; 17. Transierof the Property; Assumptfon. It alI or any part of the Property or an ~nterest there~n ~s soid or transfe~red ~ by BOrrU'~IVer vr~thout Lenders pr~or wr~tten consent. exclud~ng ia) the creat~on of a f,en or enc~mbrance suaord~nate to th~s Mortgage. (b} tne creat~on of a purchase money secur~ty ~nterest for household appi~ances, ic? a transfer by dev?se. ~ aescent or by operat~on ol law upon the death of a ~o~nt tenani or (d? the grant of any Ieaseho;d ~nterest ot three years or iess not conta~nrng an opt~on to purchase. Lender may. at Lenders opt~on, deciare a!I the sums secured by th~s Mortgage to be ~ ~mmed~ately due and payabie Lender shail have wawed such opt~on to accelerate ~i pnor to the sale or transfer. Lender p and the G;erson !o whom the Property ~s to be sold or transferred reach agreement ~n.~vr~t~ng that the credrt of such person ~ ~s sat~sfactory to Lender and that ~he ~nterest payable on the sums secured by this Mortgage shatl be at such rate as Lencfer = r snan reque;st. It Lender has wanrec: the opt~on to accelerate prov~ded m th~s paragraph ~ 7. and rt Borrower s successor ~n ~ = mte~est r~as ~xecuted a wntten assumptton agreement accepted m wr~t~ng by Lender. Lender shaii release Borrower trom ai' ~ = obi~gaUOns under th~s Mortyage and the Note ~ If ~ender exerc~ses such opl~on to acc~lerate. Lender shau ma~i Bcr,owe~ not~ce ot acceierat~on m acco~dance w~tn ~ paragraun ? 4 he~eot Such not~ce shall prov~de a penod of nol less that 30 days from the date the nohce ~s ma~lea w~tn~n ~ wh~ch Borrower may pay the sums declared due. It Borrower fa~!s to pay such sums pnor to the expiration of such per~od. Lender may. w~tnout furthe? nor~ce or demand on Borrower. ~nvoke any remedies permrtted by paragraph 18 hereof NON-UNiFOP,M COVENANTS. Borrower and Lender turther cavenant and agree as follows: 18. Acceleration; Remedies. Excspt as provlded in paragraph 17 hersof, upon Bonower'a breach of any covenant or agreement of Borrower in this Mortga~e, including the covsnsnts to pay when due any sums secured by this Mortgage, lender prior to acceleration shall msil notice to Borrower as provtdad in pan~raph 14 hsr~of speclfying: (1) the breach; (2) the action required to cure such breach; (3) s date, not less thsn 30 days from the date the notlce is mallsd to Bor~ower, bywhich such breach must be cured; snd (4) thattsflurs to curowch bnach on o~ before the dats speclfted tn the notice may result in acceleration of the sums secured by this Mortgag~, foreclosure by judicial proceeding and ssle of the Property. Ths notice shall fu~the~ inform BoROw~rof th~ ~ightto reinstste afteracceleration and the ~ight to assert in the foreclosure procsedln~ the non-existenc~ of a d~fault or any other defense oi Borrower to acceleration snd foreclosure. If the braach is not cur~d on or befpn the date ° speclfled fn the notice, Lender at L~nds~s option may declare all of the sums secured by this Mort~a~~ to be ~ immediately due and payeble without tunher dsmand and may foreclose thla Mort~ey~ by judiclal proce~din~. ~ lender shsll be entitled to collect in such proceedin~ all expsnses of foreclosur~, lncludln~~ but wot Hmitsd to, i reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. ~ 19. Borrower's Right to Reinstate. Notw~thstand~ng Lender's acce~erat~on of the sums secured by th~s Mortgage. Borrowe~ shai~ have ihe r,gni to have a~y v~oceedmgs begun by Lende? to enforce ih~s Mortgage d~scontmued at any t~me gQ0~J7V f~GE ~70•, _ _ ~ . ~ ~ ~