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HomeMy WebLinkAbout0989 • ~ _ _ _ .__.d.. ~ ~ . ` ~ . . . ~ . , . • a ~.i + I.~odK~ write~ ast~t or applicibl~ law. Borrowe~ shall psy the amouM ct all awA~a~s iawaaoe premitara ia tbe ' oAaaner provided under para~apb 2~ bsreot. : Mp amounb disbursed by l.ende~ pursuant to thit paninph 7, with iaterost tl~reon. thdl bceoma sdditionsl iedebed~as ot HanoMrer ~ecured by this Mortia~e- Unless Borrower aed Lender a=aee to other tenas of WyaaeM. wch amounb shall be payabk upo~ rwtice trom Leoder to Borrowe~ roquestm.~ payment the~eot. aad sMll beu intero~t iraa the date of dhbunema~t ut the rate paYabk from time to time a~ ouutandM~ principal unde~ the NoEe unkss paymeat of in~erat at wch nta would be ca~trary to applicabk Isw, in which ev~ent wei~ amou~n shall beu iMec~est at the hi~t nte E permi~sibk ~der applicabk law. Nothina coetained in this parsgraph 7 shali rtquire Lsndar to incur aay expaase or take ~ay ~~r. . f. I~eeMN. Lender may make o~ cause to be made reawnabk entries upoo aed inspections of the Property. provided that [.end~ shall ~iv~e BorroN?er notice prior to any such inspection specifyins rsasonabk cause therofor rtlated to_ La~der's interest in thc Prope.i~. ! C~wie~~lbw. The proceeds of a~y award or claim f~ tlunages, diroct or consequential, in rn~nectioe with any ca~demnation or ether qkina of the Property. o~ N thenof. or for conreyance in lieu ot condemnation, ar+e hereby assianed and ~all be paid to Lender. ~~t' In the eveat of a tdal taking of the~+operty. the proceed: shall be applied to the sums ~ecured by this Mo~aae. with the excess, if any, paid to BoROwer. in the event c+f a pa~tial takinE ot the Property. unlas Bornuwer and Lender otherwise saree in writinR, therr shall be applied to the sums secuc+ed by this Mortgage srti-!! ~roponion of ihe pma~:~ as is eqwl to that propo~tion which the amount of .the sums secured by this •Mortgage immediately prior to the dste of takina bean to the ~fair market value of the Propehy immediately p~ior to the date of taking, with the balance of the prviceeds paid ~to Hornower. - tE the Property is abandoned by Borrower, or if. after notice by Lender to Borr+ower that the oondetntar oQe~s to mate an award or settk a claim fo~ damages. Bomower faih to reipond to Lender within 30 days after the date such ootice is mailed. Lender is authorized to .colkct and apply the proceeds. at Lende~'s option. either to ratontion or npair of the PmpeMy or to the sums secured by this Mort~tage. Unlas Lender and Bormwer othervvix agree in writlog, a~y such applicatic+n of proceeds to principal shall not extend _ or pastpone the due date of the monthly installments referred to in paragrophs 1 and 2 hercof or change the amount of such installments. - ~ 10. ~r~swer Not Reka~ei. Extension of the time for payment o~ moditkation of amonization of the sums secured by this Morigaae gnnted by Lender to any cuccessor in interest uf Borrower shali not operate to rekase, in any manoer, the liability o~ the original Bocrower and Bc?rrower's u~ccessc?rs in interat. Lender shall not be required to commena prooxdings a~ainst such successoc or rcfuse to extend time for payment or otherwi~ modity amortization of the sums 3ecured by lhis MoKgage by reason of any demand made by the original Borrower and Bonowe~'s successon i~ intereit. t1. Forbearawee iy Iawder NM s Wd~er. Any fo~+earance by Lender in exercising any right or rcmedy hercunder. or othenviae aBorded by applicabk law, shall nat be a waiver of or proclude the exercix of any such right or nmedy. _ The procurement of i~auranoe or the payment of taxes or other lie~ or charges by Lender shalt not be a waiver of Lende~'s rMht to acceknte ti~e maturity of the indebtedness secur+ed hy this MoNsage. 12. Rereaia C~w~lafire. All remedies provided in this Mortgage arc distinct and cumulative to any other right or nemedy under this Mortgage or afforded by Iaw or equity, and may be exercised concurrcntly, independently or suocessively. ' 13. Srecasors sai A~s ~oa~d: Jaat and Serer~l i.ia~ry: Captiops. The covenaots and agreements herein contained shafl bind, and the rights hercunder shall inure to. the respective succes.wrs and assigns of Lender and Bomower. subjed to the provisions of paragraph 17 hercof. All rnvenants and agreements of Borrower shall be joint and sevenl. - The captions and headings of the paragraphc of this Mortgage arc for convenience only and arc not to be used to interpret or define the provisans hercof. - 11. Notice. Eacept far any notiee rcquircd under applicable iaw to be given in another manner. (a) any notice to ~ Borrowtr pmvided for in this Mortgage shall be given by mailing such notice by cenifkd mail addressed to Borrower st • the Property Address or at wch othe~ addrcss as Borrower may designate by notice to T_ender as provided hercin, and _ (b) any notice to Lender shall be given by certified mail, rcturn rceeipt rcquested. to I.eoder's address stated herein or 'to such other address as Lender may designate by natice t~ Borrower as provided herein. Any rwtice providod for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. !S. U~ifors Mo~aae; Go~eraie~ Law; Serer~~ty. This form of mortgage combina uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to cor~titute a uniform socurity instrumeM ~vering _ real property. 77?is Mortgagt shall be governed by the law of the jurisdiction in which the Property is located. In the eveat that any provision or clause of this Mortgage or the Note conflicts with applicabk law, such conflict shall not aftect other provisions of this MoRgage or the Note which can be given effect wilhout the conflicting provision, and to this eod the prov~ions of the Mortgage and the Note are declared ta be severable. . lf. Soniower'~ Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of exceution or after recordation hereaf. 17. Te~der of Nie hoperty: Assumptioe. If all or any part of the Property or an interest thercin is sold or transferred by Borrower without Lender's prior written consent. ezcluding (a) the cc+eation of a lien or encumbrance subordinate to - this Mo~tgage. (b) the crcation af a purchase money security interest for household appliances. (e) a transfer by devi:e. descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interat of thrce years or kss not containing an. option to purchasE. Lender may, at Lender ~ option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if. preor to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement io writing that the crcdit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender ' shall reqeat. Tf Lender has waived the option to accelerate provided in this paragraph 17, and if -Bonower s successor in intereat has executed a written aswmption agreement accepted in writing by Lender. Lender shall rekase Borrower from all ~ obligations under this Mortgage and the. Note. if Lender exercises such option to accelerate, Lender shatl mail Borrower notice of acceleration in accordance with puagraph 14 hereof. Such notice shal! provide a period of not less thpin 30 days fram the date the notice is maikd within which Bornower may pay the sums declarcd due. If Borrower fails to pay such sutns prior to the expiration of such period. Lender may. without further notice or demand on Borrower, invoke any remedies perroitted by paragraph 18 hereof. Nox-UNtFaet~ CoveNSms. Borrower and Lender further covenant and agrce as follows: ' li.- Aeciiaatiow:.Rea~edies. F.xcept as provWeA b~ara~rapb 17 bereof. apa SoROwer's 6reacL of a~y co~e~aN or a~ra~t of ioerower Mortsa~e. i~cl~dis6 ibe coveaa~Is to p~y wree are a~y wrus secs~ by thk Mor1~e, Le~der ~rior ts seede~atio~ stiaM e~ ~otice to Dorrower a~ ~o~fded ~ p~ra~rap6 141~ercof (1) t6e bnac~: tre actio~ - t~q~ b a~re s~cl~ rrsscb: (3) ~ date, ~at la~ ~ 3~ daps fro~a tl~e elate tre ~otke is ~aiki Eo eorrnwer, by wWc~ ~i ~~t re eRe~ ~¦i (4) tl~st taY+~re to cwe ~ tire~cr o~ or l~fon itie date s~cYied i~ tl~e ~otice ~ ra~lt i~ accekra~ ot Ire sa¦~ sa~ei ~ tl~ Mort~e. fonecloa~rs bp j~icial lroeu~ aoa sWe of tMe lr~o~e~. 'ne ~otiee dar trrtrer i~ton~ Dorrower ot t~e ri~M to iei~te aEter accderMio~ aod t~e ri~hf b rert i~ 1ie Eoreclowre ~roc~eii~ tre ~ote~tesoe oE a aetsrlt or a~y otl~er dete~se of Sorrower to secderatio~ a~ toreciow~e. ~ tre 6resck is ~ot c~d o~ ~ ~ rd~re tie aMe s/eciied i~ tre ptiee. I.e~der st I.e~ers opio~ ~ ierl~re a/ of tre wan ~c~ei by tris Moet~e b be ~ M e~fldei 1~ co~eet i~ s~~nc~6~ r e~ses at toreclosWe. bdrdi~i. M~ot ~i rearosaiie attsr~e~s tea. a~i eeN~ of i~t~ewury e~iie~ee, aistrsels a~i dd~ ~e~el~. ` - 1!. ian~swn's R~t te 1tdMate. Notwithstandin~ Lender's acceleruion of the sums securod by this Mort~sie. 9orm~rer shsN have the risbt to have any proceedinas begun by Lender to enforoe this Mortsaae disoon6nuod at any time , ~~~~'J 9~$ . - ~ ~ ~ _