HomeMy WebLinkAbout0981 _ +iw,
Leoder~ writtea ajeeeoaeat or apQlicabb law. Bamvre~ shall psy tbe amouat ot aU moitpsa ~ote PcaniVa~i jp tUe
~ manner provid~d urdsr para~rspb 2 hereof. ~ . I
Aay amouob disbuned by Lender punuaat to thit pan~raph 7, rvitfi interest thereoa. sha11 beoomo ~dition~l
indeDtedness ot Borrower ~ecut+ed by this Mo~t~aje. Unless Borrower and Lende~ apee to otl~e~ tetms of ptyoneat. snch
amoenb ~ail be payabk upon notioe from i.eoder to Bomower roquestint payment theroof. and :hail bear interost from the
dst~ of di~bunancnt at tfie nte paya'bk from tiene to time on ouutandi~ principd under the Note unka payabnt oi
interat at such rate would be cont~ary to applicsbk law, in wh+ch event such anaunh shall beu int~rest at the hi~st ra~e
permiuibk under applicabk law. Nothing oontsined in this panjraph ~ a1~a11 requin I~ender to iacur aay eupema a take
any actioa henuader.
L4ectio~. Lender may make or cause to be made rcasonabk entries upon and inspections of the PropertY. provided
that Leoder shall give Bomower eotice prior to any such inspection speeifyins reasonabb c*ust thetefor related to La~der's
interest in the Property. ~
9. Co~iewaNo~. The proceeds of any award or claim tor dunaga, diroct or conseqnential, in eonnection with any
condemnation or Whec taking of the Froperty. or part tfiereof, or for conveyance in lieu of condemnatwn. are heraby sssianed
and shali be paid to Lender.
In ihe eveot of a total taking af the Propeny. the p~oceeds shail be applied to the sums securcd by this Mortaage.
with the excesa, if any, paid to Borrower. In the event af a partial taking of the Property. unlas Borrow~er and I.ander
othen~+ise aaree in writing, there shall bt applied to the sums secured by tfiis Mortgage such proportion ot the procuds
aa is equal to that proportion which the amount of the sums secured by this Mortgage immediately pcior to the date of
taking bean to the fair market value of the Propeny immediately p~ior to the date of taking, with the balance of the prqcads
paid to Botmwer. -
if the Property ~is abandoned by Borrower, or if, after notice by Lender to Borrower that the condeeanor otfera to malte
an award or settk a claim for damages. Borrower fails to respond to Lender within 30 days after. the date such notioc is
maikd. Le~der is authorized to collect and apply the proceeds, at Lender's option. either to restoration or npsir of the
Propehy or to the snms secured by tfiis Mori~tag~e.
Unlas Lender and Borrowe~ otherwise agcce in writing, a~y such application of proceeds to principal shall not extend
or postpc~ne the due date of tbe monthly installments reftrred to in paragraphs 1 and 2 hereof or change the amount of
such installments. .
10. dorwwK NM Rele~ed. Extension of the time for payment or modiiicatio~ of amortization of the sums secured
by this Mortgage granted by Lender to any successo~ in ieterest of Bocrower shall not operate to relesse, in any manner.
thc liability of the original Borrower and Bc~rrower
s successors in interest. Lender shall not be requircd to commence
proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured.by this Mortgage by r~ason of any demand made by the original Bomower and Borrower's successors in interest.
~ Il. Forbeatanre by Lender NW a Wd~er. Any fafiearance by Lende~ in exercising any right or remedy hereunder. ot
otherwiu aftordod by applicable law, shall not be a waiver of or preclude the exercise of any such right or temedY.
The procurcment 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 tl~e indebtedness secured hy this Mortgage.
l2. Reu~edies Cumulati~e. All remedia pmvided in this Mortgage are distiect and cumulative to any othe~ right or
rcmedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or successivaly.
l3. Saccessors and A~ Do~ad; Joint ~od Serera! T.iabNity; Captions. The coven~nts and agreements herein
contairied shall bind, and the rights hereunder shall im?rc to, the respective successors and assigns of Lender and Borrower,
subject to the pmvisions ef paragraph 17 hereof. All covenants and agreements of Borrowe~ shalt be joint and several.
'Ilte captions and headings of the paragraphs of this Mortgage are for convenience only and ar+e not to be used to
interpret or define the provisions hercof. _
' 14. Notke. Except for any not+ce required under applicab{e law to be given in another manner, (a) any notice to
Borrower provided for in this Mongage shall he given by mailing such notice by certified mail addressed to Borrower at
the PropeRy Address or af such other addrcss as Borrower may designate by notice to i_ender as provided hercin, and
(b) any notice to Lender shafl be given by certified mail. retum receipt requested. to I_ender's addras stated herein or to
such other address as Lender may designate by notice ta Borrower as provided herein. Any notice provideci for in this
Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hercin.
1S. Unifore Mort~a~e; Go~ernia~ I.sw; Sevenbility. This form of mortgage combines uniform covenants for national
use and twn-uniform covenants with fimited variations by jurisdiction to constitute s uniform security i~strument covering
rcal property. This Mortgage shal( be governed by'the law of the jurisdiction in which the Property is Mcated. In the
event that any provision or clause of this I~tortgage or the Note conflicts Kith applicabk law, such conflict shall not atfect
other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this
` e~d the provisions of the Mostgage and the Note are declared to bt stvtrable.
16. Sorror?er's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
` of execution or after recordation hereof.
~ 17. Traasfer of the Pcoperty; A~umption. if all or any pan of the Property or an interest therein is sold or tnnsferred
~ by Bor~ower without I.ender's prior written consent. exciuding (al 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.
F dewent or by operation of law upon the death of a joint tenant or (d1 the grant of any kasehold interest of three years or kss
€ ~ not containing an option to purchase. Lender may, at Lender
s option. declarc all the sums secured by thia Mortgage to be
immediately due and Qayable. Lender shall have waivcd sach option to accelerate if, prior to tht salt or transfer, Lender
~ ~ and the person ro whom the Property is to be sold or transferred reach agreement in writing that the crcdit of such person
g ~ is satisfactory to Lender,~t~ls~t]~pt~pC~el[bdlpmutkoc7oxR~t~pcltOC~xt~lis7dS(ltltE~~01l1[~k~lt~!$~~19t4c~9c~lc~~fl~EB
~ ~~tRlt~lq~b[ Tf Lender has waived tfie option to accelerate provided in this paragraph 17, and if Borrower's successor in
i interest has executed a written assumption agreeme~t accepted in writing by under. Lender shati release BoTrower from al1
; obligations under this Mortgage and the Note.
~ lf Lender exercixs such option to accelerate, Lender shall mait Borrower notice of acceleration in accordanoe with
paragraph 14 hereof. Sucfi notice shall provide a period oF not less than 30 days from the date the notice is mstiled within
~ which Borrower may pay the sums declarcd due. if Borrower fails to pay such a?ms prior to the expiration of such period.
? L.ender may. without further notice or demand on~Borrower. invoke any remedia permitted by paragraph 18 hereof.
€
Nox-UrttFOast CovEH~t~rts. Borrowtr and L.ender further covenant and aara as foUows:
ls. AccderaBo~; Rea~edia. Face~t as ~ro~iied io ~raM6 19 I~ereat, ~ow ~on~owet's breacM ot anr co~t or
~reaoest ot Dorrower ia t~ Ma~a~e. h~iu~ tbe co~eiaNs to pq w~ea d~e ny sas sauc~ by tris 1Nor~~e+ i.e~ie~
~rbr b aeceierNb~ sl~a1'aY ~ofice !o >orrower s N+uvided ~~ra~ 14 ?ereot s~edt7ls~: (1) tre ~escY: ttie seflo~
eqdrei /o eee s~er i~e~cri (3) s d~, ~ot !as ttias 3~ 8s~rs traw rie d~Re tie ~efice i~ ~Yei to 1e~trwsr, ti!' wlicl wd
b~eae~ swt be c~rei; a~i (4) t6at b~lsre to c~ue wcb breacb o~ or beEore tUe aate a~ecvei i~ tre ~oeiee ~ap ~esMit i~
sccderatloa ot lie s~w~ iec~ued by t~Y Mort~a~e, tot+eclowre r!' 1r~~ N'~ a~i de ot tl~e T~+u~ert~. 'l1~e ~ot~ts
s~ irrt~ faforns ~orrower ot ti~e ri~Lt b rei~hte atter acederatio~ a¦a tLe ri~t b arert ~ ti~e [oreciowre ~eotee~
tbc ~ore~take d a ae[~It or anr atYer detewse ot sorrower fo sccekr~ aed tor~elowre. U~e MescM is ~ot ~~ei a~
~ er be~ere tlie iale ~eeYed b ttie ~otke. Le~ier ~ I.esier's optb~ m~ry dechee N at d~e sa~t seca~ei Iry ttiis M~e 1s ie
~ ir~~ i¦e ad pqaik witbot tred~ dewa¦i a~i esq facclwe trY Mo~l~a~e h~eW M'~a~ee~i• I.e~iet da~
be ~ie3 te caied i~ wd proeee~ a~ es~ea~a of [oreclowre. i~elsdl~+ Mt ~ot ~ fe. rea~o~iie aaon~7lt t~e+.V
k a~d oab ot ioc~r eriie~ee. ~b~trscts a~i tltle re~a4. .
~ 1!. ~enewer's Rt~t to Rei~te. Notwithstanding Lende~s accekration ~ the s~ms secured by this Moctfase.
F Borro+vet shall have the tijht to have any proceedinas beaun by Lender to eafora this Mortpje d'aoontinued at any titne
B~I( ~t~GJ tAGE
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