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Home My WebLink About0968 . ~ , a . Lender's written ssroement or applicabk law. Borrowar shall p~y the aenouM o[ aq na~ ias~uaaos pt+emitaas iA tM mannc~ pcovidod under puajtsph 2 heroo[. ~ Any amamts disbunad by [.eoder punu~nt to thk parajnph 7. wi~h iAterat ihereon. ~atl becaee addit~on~l indebtedness ot Borrower axurod by thia Mon=a=e. Unkss Borrower and Lender ajree to otl~er tecros ot psymeM. wd~ amounts shail be psyabk upon notice from Lender ~o Boroower aquestin~ paymeat tl~eroof, and shsll beu int~at from the date ot disbursement at the ate paysbk from time to time on outstandint principal under the Nde unkss payment ot interest at such rate would be corurnry to appiicable law, in which event wch amount: ~ail bea~ interest at the hi~hat rste petmissibk under applicabk law. Nothtng conained in this puagraph 7 shail require Ltnde~ to iqcur any enpe~ae or taloe sny action hercuader. i~ectio~. Lender m~y mske or ca~~se to be made rcasonable entries upon and inspections of the Property. providod thaPLender shali aive 9orrower nwice prior to any such inspection specifying roaaonabk cause thtrefor nl~ted to Lenders intercst in the Property. - ~ 9. Co~dew~atio~. The procesdc ot any award or claim for damaga, direct or consequential, in co~~ecNon with aay = condemnation or other taki~g of the Property. or pan therec+f, or fo~ conveyance in lieu ot condemnation. ~rc hereby ~ned and :hall be paid to Le~de~. 1n the event of a total taking of the Ponperty, the proceeds shal{ be applied to tht sums secund by this Mo~sje. with the exce~. if any, paid to Borrower. in the event af a'pa~tiai takina of the Property. unkss Bomu.we~ and I.ender . otherwise agroe i~ writing, there shall be applied to the sums secured by this Mortauae such propoKion ot the procad: as is equal to that pwportion which the amount of the sums secured by this Mortgage immediately ptior to the date ot taking bears to the fair market value of the Propeny immediately prior to the d~te of takina, with the balu~ce ot tfie procezds paid to $orrower. . If the Propeny is abandoned by Borrower, or if. aRer notice by Lender to Bornower that the tondeasnor dFen to mdce an award o~ settle a claim for damrges, Borrower fails to rapond to Lender within 30 days after the date such notioe h mailed. Lender is ~Who~zed_ to colkct and apply the proceeds, at I.ende~'s option, either te ratoration or repair of tbe Propeny or b the sums secured by this Mortgage. ' ~ Unlas Lender and 8orrower otherwiu agree in writing, any such application of proceeds to.principal shall nM exta~d or poUpone the due date of the monthly installments reftrnd to in paragraphs 1 and 2 he~ or chanae the smount of such inatallments. 1A. ~on~wer Not Rekssed. Extension of the time for payment or modifkation of amortizstion ot the wms soc~red ~ by this Mortgage granted by i.ender to any zuccessor in intercst of~ Borrower shall not openta to reks:e. in any manner. the liability of the original BoROVrer and Bc~rrower's stxcesson in interat. Ltnder shal! not be trquired to oommence ' proceedings against such suocessor or refuse to exteod time for payment or othenvise modity ateort+ution of the sums secured by this Mortgage by reason of any demand made by the original Borrower aod BorrowePs wecessors in inttr~st. tl. Forbesrssce ir~r I.ewaer Not a Wai~er. Any torfiearance by Lender in exercising any rigbt or remedy het+eunder. or otherwise aRorded by applicabk law, shal! not be a waiver of or preclude the exercise of_ any such riaht or ranedy. The procurcment of insunnoe or the payment of taxes or other liens or char~es by Lender shap cwt be a waiver of I.e~der's ~ right to accelerate the maturity of the indebtedness :~ecured hy this Mortaage. 12. Rea+edies ~~htl~e. Ali nmedia pmvided in this Mortgaae are distinct and cumulative to: ariy other riaht or remedy under this Mortgage or afforded by law or equ+ty, and may be exercised concurrently, independently or suoastivdy. .13. 3rectsso~s ~i AsW~~s DoMwil: 7ai~t awd Sercral i.iabqiry, Capdo~s. '11~e cmenants and aareernents hadn contair~eci shali bind. and the rights hereunder shall inurc to. the respective succes.wn a~ sssians of La~der and Borrower. subjoct to the provisions of paraEraph 1? hereof. Aif covenants and agrcements of Borrower shall be jant and ~v~enl. ' 71~e captions and headings of the paragraphs of this Mongage are for conveniencc onty and are not to be used to interpret or detine the provisans hercaf. ~ 14. Notice. Except for any notice roquired under applicable law to be given in another tpanner. (a) any notice W Bonovire~ provided for in this Mortgage shal{ bt given by mailing such notice by certifled mail addressed to Borrow~er at the Property Addrcss or at such othe~ address as Sorrower may designate by noticc to T.ender as provided herein, and (b) any notice to I.ender shall be given by certified mail, return receipt rcquated. to I.endtr's address nated hexein or to sucfi other address as Ixnder may designate by notice to Borrower as providod hercin. Any notioe providod for in this ! Mortgage shall be damed to have betn given to Borrower or Lender when given in the msnner designated herein. ~ lS. Uoffor~ Mort~aae; Go~ereiu~ I.arr. Se~erabWty. This form of mortgage combind uniform covenants for national ~ use and non-uniform covenants with limited variations by jurisdic~ion to constitute a uniform security instrument oovetias ~ real properiy. This Mortgage shail be governed hy tF~e law of the jurisdiction in which the Ptoperty is located. In the event that any provision or clatsse of this Mortgage or tfie Note canflicts with applicabk law~ such conflict shall not a}[ect other provisions of this Mortgage or the Note which can be given etfect without the conflicting provision. and to this end the provisions of the Mortgage and the Note arc declared to be sevenble. ~ 16. lorrower's Copy. Borruwer shall be furnished a c4nfomxd copy of the Note and of this Mortgagt at the time ~ of exceution or aRer recordation htreof. ~ ! I7. Traasfer of the Properfy: Asanmption. If all or any part of the Property or an interest thercin is sold or transfemed by Borrower without Lender's prior wrilten consent, excluding (al the creation of a lien or mcumbrance subocdinate to this Mortgage. (b) tht crcation of a purchase money security interesl for household appliances. (c) a transfer by devite. descent or by operation of law upon the death of a joint tenam or td) the grant of any leasehold intercst of three yean or kss not containing an option to purchase, Lender may, at Lender'c opti4n, declare atl tlfe sums secu~ed 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 and the pe~san to whom the Property is to be wld or transferrcd reach agrcement in writing that the crcdit of such person is satisfactory to Lender and that the interest payabk on the sums secund by this Mortgage shall be at such rate as Ler~der shall rcquest. If Lendtr has waived the option to accelerate provided in this pa~agraph 17, and if Borrower's sucetssot in interat has ezecuted a written usumption agreement accepted in writing by i.ender. L.ender shall rolease Borrower fcom all obligations under this Mortgage and the Note. ' if Lender exercises such option to accelerate. Lender shall mai{ Botrower notice oF accekration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days fr,om the date the notice is mailed within whicfi Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender may, witfiout further notice or demand on Norrower; in~oke any remedies permitted by paragraph 18 hereof. . Notv-UNiFOR~at CovEN~xTS. Borrower and Lender further covenant and agree u follows: . la. Accehratlos; Remedks. Fxcep a~ pm•ided in pars`raPh 17 6ereof, ~ou_ sorrower's M+e~cM ot a~r co~eaa~t o~ ~ ~reemeot ot Borrower ia tbis Mort`a`e, jncludina Ibe corenrMs to pay wbes d~e sey wn~s tecwtd bp tbk Mor~e, I.eaier prbr lo sccekratioa sbap m~ aotice to dorrowa as pmvided ia paratrsph l4 bereof spccity~: ~i) tl~e bnseM: (2) tbe set~ required to caro soc6 breacN; (3) s date, aot less tAae 30 days from 1he date tMe aotice r aYea to Soreower, bq wtik~ wcM bresch mwt be cared: ssd tbst faflnrc to cure secb breseA os or ~efore tbe date qeciie~ i~ N~e ~otloe •wq res~lt b sccekratioa t6c s~tps secwtd by this Mort=a`e, foreclosrre by jrdicial ~rnceediq aed ssle ot tre Prv~erl~. Tie ~otlee shall further bform Eorrowes of the ~ht to reiastste dter accekratioa ssd tf~e ri~t to a~teet i~ t~e foteclowrt ~ tbe aoa-existence of a dcfauN or aqy dher defense of Eorror?er to accekntioa awd [oreclossre. If fl~e brese~ is ~ot ewe~ ~ or betore the dste specifitd la the natice, L.tader sl I.eoder's optios may declue aN of tbe so~os s~ce~+e~ by tris Morf~,~e b bt immed~atdy due and psysble w~itboot furtl~er demaad snd msy totrclose thit Mo~a~e ~y ~dicW proceedi~. Lt~er ~ be entitled to colket in sucb procetdinR aY e:~eos~s of torecbsnre, incltidiss. brt ~ot ii~itd to, reaio~sMe attonrys tt~es, ' snd costs of documentary e~Menct. sbstrac~ snd tide rsports. l9. Sorrowe~s Ri~ht fo Rel~tMe. Notwithstanding LenJer'c acceleration of the sums xcurcd by this Mort~a(e. Borrowe~ shall have the right to have any proceedinFts fiegun hy 1_ender to enforce this Mortgagt discontinuod at any tirne gp~(~5 PA6E - _ - . _ - - a------~_-M' . - -