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HomeMy WebLinkAbout0951 . a 1- _ _ ~ _ . w. _ _ . • ' ~ l.ende~'s written ajroement or applicabk law. BoROwer shall ~y thc amount ot ~11 mort~a~e insuranoe premiw~u in the manne~ pmvid~d ur~de~ psn~aph 2 hereof. Any amou~b disbunod by L.e~de~ pursuAnt to thi~ para~npfi 7. witfi interat therea~. ahall baome additional indebtedness of Hormvrer sacured by this Mortgage. URless Borrowe~ a~ed Lender agroe to other tecros of payn?ent, such amounts shall be payabk upon notioe from Lender to Horro~ver requesting paymeot theroof. and shall bea~ interest tran the dab of disburaement at the rate payabk from time to time oo a~tstandtng principal under the Note unkas paytaa~t ot interest at :uch rate would !+a con4rary to applicabla law, in which evant such amountt shati b~ar inttr~t at the hi=i~pt rste permiuibk under applicabk law. Nothing containod in this pa~ag~aph T shall requie+e Lender to incur any expense or take _ any action henunder. s. Ie~pectjos. Lende~ may make or cause to be made reasonabk entries upon and inspections of the Property. provided that Lender shall give BoROwe~ notice prior to any such inspection specifying reasonabk cause therefor rclatod to Lender't interest in the Propeny. 9. CoodemaNbs. The proeeeds of any award or claim for damages. direct or co~uequential, in connection with any ~ condemnation or other taking of the Propeny, or paR thereof, or for conveyance in lieu of condemnation. are hercby assigoed and shall be paid ro i.endec. 1n the event of a total taking of the Propeny, the proceeds shall be applied~to the sums sesured by this Mo~tgage, with the exce~, if any, paid to Borrowe~. In the event of a partial taking of the Property. unless Borrower ar~d Lende~ otherwise agree tn writinR. ifiere;shall be appli~d to the sums secured by this Mortgage such proponion of the proceeds as is equal to that proportion which the amount of t!?e sums sexurcd by this Mortgage immediateiy prior to the date of taking bears to tht fair market value of the Property immediately prior to the date of taki~g, wilh the balanoe of the procuds paid to Borrower. If the Property is abando~xd by Borrower, or if, after notice by Lender to Bornower that the condemnor otfers to mal~e an award or setde a claim for damages, Borrowe~ fails to respond to Lender within 30 days a[tec the date such notice is mailed, Lender is Authoriud to rnllect and apply the proceeds, at I.ender's option. either to restoration or repair of the Property or to the sums securcd by this Mortgage. ~ U~less Lender and Borrowec otherwix agree in writing, any such applicalion of proceeds to principal shatl not extend or pcutpone the due date of the monthly instailments rcfemed to in paragraphs l a~d ~ hereof or change the ~ustount of . such installments. 10. Borrower Not Rekased. Extension of the time for payment or modiflcation of amonization of the sums secured ' by this Mongage gcanted by Lender to any succes.sor in interest of Borrower shalf not operate to rekase. in any manner. the liability of the original Borrower and Borrower s succeuors in intenest. i.ende~ shall not be c+equired to commence proceedings against such succtssor or refuse to exteod time for payment or othenvise modify amo~tization of the sums secored by this Mortgage by reason ot a~y demand made by the original Borrower and Borrower's successors in intenest. lt. Forbeuance by [,tade~ Not a R?airer. Any forbearance by Lender in ~xercising any right or remedy hercunder. or othenvise afl'orded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procuremeot af insu: ar~~ 3r tt~ payri~~t uf taaes or aiher iie~s or charga by Lender shaii not be a waiver of Lender's rigM to accelerate the maturity of the indebtedness ~ecured hy this Mortgage. l2. Remedks Cnmulati~e. All remedies provided i~ this Mortgage are distinct and cumulative to any otfier right or remeciy under this Mortgage or afforded by law or equity, and may be exercised concurrently, indeQendently or successively. 13. Snccessors and Assigas Bound; Jotnt and Several i.iabiiity; Capdom. The covenants and agreements herein contained sfiall bind; and the rights hereunder sfialf inure to, the respective successors and assigns of Lender and Bornovrer. subject to the previsions of paragraph l7 he~eof. All covenants and agreements of Borrower shall be joint and stveral. 77~e captions and headings of the paragraphs of this Mortgage sre for convenience only and are not to be used to interpret or define the provisions hereof: ' 14. Notice. Except for any notice required under applicabie law to be given in another manner, (a) any notice to Borrower pmvided for in this Mortgage shall be give~ by mailing such ndtice by certified mail addressed to Borrovver at the PropeAy Address or at such other address as Bormwer may designate by notice to I_ender as provided herein. and I (b) any notice to Lender shall be given by certified mail. retum receipt requested, to l.ender s address atated 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 becn given to Borrower or l_ender when g+ven in the manner des+gnated here.in. ~S. Uniform Morfgr~e; ~`sOYtrflitl~ IAw: $everab~lifV. This form of morteage rnmhin~e ~~nifnrm rr?y~n~nt~ fnr n~t:nn~J ~ use and non-uniform covenants with limited variations by jurisciiction to constitute a uniform security instrument covering t+eal propeny. This Mortgage shall be governed hy the {aw 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 atiect ~ other provisions of this Mortgage or the Note which can be given effec~ without the conflicling provision. and to this . ~ end the provisions of tfie Mortgage and the Note are declared to he seve~able. 16. Borrovrrr's Copy. Borrower shall be furnished a conformed copy of ifie Note and of tfiis Mortgage at the time of execotion or after recordation hereof. 17. Traasfer of the P'roperty; Assumption. if all or any part of the Pmperty or an interest therein is sold or transferred by Borrower without I.ender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchaxe money security interest for household appliances. (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d1 the grant of any leasehold interest of three yea~s or less not containing an option to purchase, Lender may, at Lender'c option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender sha11 have w-aived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or trans(erred reach agreement in writing that the credit of such person is satisfactory to Lencler and that the interest payable on the sums secured by this Mortgage shall be at such rate as I.ender shall request. if Lender has waived the option to accelerate provided in this paragraph 17, an~ if Borrower's succecsor in interest has executed a written assumption agreement accepted in writing by Ixnder. 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 paragrapb 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 dtctared 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 any remedies permitted by paragraph 18 hereof. NoN-UN~FOx~?t Covetverrrs. Borrower and Lender further covenant and agree as follows: 18. Aceelerstloo; Remcdies. Faccep as provided io par~rapi~ l7 hereot, upon Borrowe~s breacb of aay coreoaat or agreement of Borrower in t6[s Mortgage, 3ncluding t6e coveaants to pay when dee an~ soms secnred by this 1~~ort~a8e, I:e~de* prior to sccekratbn s6all mail notke to Eorro~ver as pmvided in pan~raph 14 bereof specifyLg: (1) the breacb; (2) tbe sction requUed to care soch breac6; (3) a date, not tess tban 30 days froni the d~te tl~e notice is ma0ed to Borrower, Iry ~+hkh sac6 4 breac6 muat be cared; and (4) that failure to cnre sach breacb oa or before t6e date speci8ed io the notke mq resolt in accderatioa o[ t6e sums aecnred by this Morfsage, foreclosure by ~ndtcial pr~oceeding and sak o[ the PmpertY. 'Ibe notice sball fnrther Inform Borrower of tbe right to rei~tate after accekratlon aad tbe rigbt to sssert in tbe foretlosnre pnoeeed~g t6e non-existence ot a defank or smy other defense of Borrower to sccekration and foreclosnre. I[ tbe bTescb b not cond o0 or before t6e dah spectfied in t6e notke, Lender at Lsodsr's optba msy declrr~e a1i of tMe sams sscnred by tl~b M~e b be imioediately dae and payabk witlant fnrther demasd aad may forcclose thts Mortga6e 6r jndicid p~oceedln~• I:eoder slu~ be eadtled to cdkct ia suc6 proceeding s~9 espenses of toreclosare, iacludiaE, bnt ~t Umited to, reasooa6le dtorne~'s tea, awl costs ot docameabtry~evideoce. sebstrscts ~ad titk reporb. I9. Borrowe~'s Ri`ht to Reiost~e. Notwiths~anding Lender s acceleration of the sums secured by this Mortgage. Borrower shall have the right to have any proceedings begun by Lender to en[orce this Mortgage discontinued at any time BOOK ch~7~G, PAGE 95Q