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Home My WebLink About0931 A'r amounts A~sL•ursed ~v Len~7er nursuant tr,s paiayr~pn ; ;~~~h ~nterest tnereon. sha~l Decume atic:•tconal ~n- debted~ess o1 8urruwe~ srcured by th~s hto~cqage Unless Sarrewe~ a+~d lender ayree ~o otner lerms of pa~~mr~t. auch amounts sna~l be payable utwn not~ce {~om ler.Aer to Borrower ret~uesting poymen~ thereof and sha11 bear ~nterest (rom the date of d~sburseme~t ac ehe rate pJyaOle Ito~n time to t~me on oWSta~d~ng princ~pel ~nder the Note unless pavmem of ~nteresl I at such rate wouid be contra~v to aopl~cable ~aw ~n wh~ch event sucn amounts shau hear ~nterest at t~e h~ghest rate perm~ss~ble under app~~wble law Noth~~y Cont~~ne4 ~n Uus na~ayrapn 7 sh~tl teqwre lendrr to ~ncur ~~ny eapense or ~~ke any aCt~On h@reunder 8. Inspection. Lender rnay make or cause to be made reasonabte e~ilnes uuon and ~nspect~ons ol ~he Property. prov~ded that Lencier shall g~ve Borrower not~ce p: •~r to arty sucl? mspett~on spec~fy~ng roasonablc cause If~erelor related ta lender's ~n- te~est ~n the Property 9. Condumnation. The proceeds of any awa~d or cla~m fo~ d.:mages. dneCt or Consequenhal. ~n Connection vnth any ton- dem~at~on or otlier taking ol ;lie Pro{,erty, or part thereot. or (or conveyarx:e m I~eu of condemnut~on. are hereby ass~gned and shatl be pa~d to Lender - In the even[ o( a total taking of the ProFerty, the proceeds shall be appl~ed to the sums secured by th~s Mortgage. ~nr~th the exczss. ~f any, pa~d to 8urrower. In the event o( a part~al taking o( the Property. unless 8orrowe~ and Lencler otherw~se agree +n wnting. there shall be appl~ed to the sums secursd by ttiis Mortgage sucli pro~~ort~on o( the proceecls as is equal to that p~opor- hon wh~ch the amouni o~ the sums secured by th~s Mortgage ~mmed~ately pnor to the ciate of tak~ny bears to the tau market value of the Property immediatr.ly prior to the date o( tak~ng, w~th the balance o( the proceeds pa~d to Borrower. I( the P~oporty ~s abanduned by Borrower. or after noace by Lender to Barrower tl~ac the condemnor oiters to make an award or settle a cla~m Ior damages. Borrower ta~ls to respond to lender w~then 30 da~s atter the date such not~ce is ma~led. Lender ~s ~uliioriied to Collect and appfy the proceeds. at Lender's opt~on, either to ~estoration o~ repa~r oi the Property or to tne sums secured by th~s Moctgage Unless Lender and Borrower otherwise agree in ~vnUng. any such app6cauon of proceeds to pnncipat shall not extend or postpone the due date of the monthly installments referred to paragraphs 1 and 2 hereof or change the amount of suc:~ m- stallments. - 10. Borrower Not Released. Extension of the time for payment or mod~f~cation of amort~zation ot the sums seCUred by this Mortgage granted by lender to any successor in interest of Borrower shall not operate to release. in any manne?, the iiabili- ty o( the orig~nal Borrower and Borrower's successors ~n interest. Lender shall not be requ~red to commence proceedings against such successor or refuse to extend t~me for payment or ottierwise mod~(y amorhiahon of the sums secured by this Mortgage by reason of any demand made by the orig~nal Borrower and Borrower's successors ~n interest. 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise atforded by appl~cabie iaw, shall not be a wa~ver of or preclude the exercise oF any such right or remedy. The procure- ment of insurance or tt~e payment of taxes or other I~ens or charges by Lender shall not be a waiver ot Lender's right to accelerate the matunty of the ~ndebtedness secured by this Mortgage - 12_ Remedies Cumutative. All remed~es provided ~n th~s Mortgage are d~st~nct and cumulative to any other right or remedy under th~s Mortgage or atforded by law or equ~ty, and may be exerased concurrently. ~ndependently or successively . • 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The cdvenants an~ a reements herein c n- g o tained shall b~nd, and the nghts hereundershalt inure to. the respechve successors and ass~cy~s of Lender and Borrower. subject to the provis~ons o( paragraph 17 hereof. All covenanls and agreements ot Borrower shall be joint and several. The captions an~ headings of ihe paragraphs of th~s Mortgage are for conven~ence only and are not to be used to mterpret ar define the prov~sions hereof. 14. Notice. Except for any notice required under app(icable law to be givenin another manner, la) any notice to 8orrower provided for in this Mortgage sh~~! be given by maiGng such notice by ceruf~ed~nad addressed to Barrower at the Property Ad- dress or at such other add•;ss as 8orrower may des~gnate by not~ce to Lender as prov~ded herem. and (b) any notice to Lender i shall be grven by cert.-.ed ma~l. retum receipt requested. to Lender's address stated here~n or to such other address as Lender may des~gnate by notis:e to Borrower as provided here~n -Any not~ce provided for in th~s Mortgage shatl be deemed to h3ve been given to 8orrower or Lender wher given in the manner designated herein. 15_~nitorm Mortgage: Governing Law; Severability. This lorm o( noortgage combines uniform covenants for national use and on-uniform covenants wrth hmited variations by ~unsdiction to constitute a umform security mstrument covenng real ro ert . This Mort a hall , p p y g ge s be governed by the lav~ of the ~ur~sd~ct~on m wh~ch the Property ~s located In the event that any r v i ~ n r I f . p o s o o c ause o this Mortyage or the Note con(I~cts w~th applicable lav~, such confl~ct shall not at(ect other provis~ons of this Mortgage or the Note which can be g~ven ei(ect without the conff~ct~ng prov~sion. and to th~s end the provisions of the Mortgage and the P~ote are declared to br, severable. 16. Borrower"s Capy. Borrower shall be (~irn~shed a conformed copy of the Note and of th~s Mortgage at the time of ex- ecut~on nr alter recordat~on hereof 17 YNTENTIONALLY OMITTED ; ; ~ ~ ~ ~ ~ ' i ; , . ' f NON-UNIFORiA CGVENAlVTS Borrower and Lender further covenant and ayree as tollows ' ti I 18. Acceleration: Remedies. Except as provided in paragraph 13 hereof, upon Borrower's breach o( any coveriant or . agreement of Sorrower in this Mortgage, including the covenants to pay when due any sums secured hy this Mortgage, j Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereoi specitying: (1? the breach: (2) the actien required to cu~e such breach: 131 a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured: and (4) that fa~lure to cure such breach on or betore the date spec~fied in ! the notice may resuit in acceleration o1 the sums secursd by this Mortgage, torecl~sure by judicial proceeding and sale i ; oi the Property The notice shall (urther inform Borrower of the nght to ~einstate after accelerat~on and the right to i assert in the toreclosure protee~~ng the non-existence o( a delault or any other defense of Borrower to acceleration and ~ toreclosure. li the breach ~s not cured on or (before the date speafied in the not~ce. Lender at lender's option may declare all of tne sums secured by this Mortgage to be immediately due and payable without (urther dernand and may) foreclos~ th~s hlortgage by jud~cial proceed~ng. Lender sf~all be ent~tled to collect in such proceeding all expenses of foreclosu~e. including, but not limited to, reasonable attorney's fees, and r.osts of documentary evidence, abstracts and title reports. ~t ~ ~c Qa&E ~1 ,