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Home My WebLink About0936 A.'1Y af1'10u~1tS ~1~SburSBd by ~e~ne~ Du~SUdni 'J IAiS p0?~Q~~ph i •.~~!A ~ntrrest :nliPOn. Sha~l 5eco•~e dilO:i~Gr.a! ~n- debteaness of 8orruwer secu~ed A•r th~s l~tor~qaye Un~ess Borrower and Lender aqree co olhe~ terms of Davment. such amounis snail be pryeDie upu~~ ~ot~ce liom ~ender ta 8orrowe~ requesr.nq payrnent ~ne~eo~ and snau bear ~n(lresl frOT Ihe date oi d~sbursement a[ tne ~ate uJY3d~e from t~me to tcrtie un outstand~nq pr~nc~pal unde: Ihe Nole unless pdymen! t~f ~ncerest at such rate would be ^ont~ary to aupi~caDle ~aw ~~s w~~CA event suth amounts s?+all bear ~merest at the h~gnest r;,:a pe~r.~~ss~ble unA@r appUt;Jbig Idw Nuth~nq ContJ~ne~t ~~i tli~s pJr~grdp~ 7 Sh~ll repu~rP Len~frr tu ~ntu~ dny eRVenSe oi t~ke ~ny dtt~on nereunder 8. Inspect~on. Lenaar may make or cause to be made reasonabie e~~t~~es ~~pon and ~nsnect~uns ol the ?roperiv. prov,ded that Lencter shall g~ve Borrower nouce pnor to any such ~nspect~un specdy~ng reasonab~e cause therelor retateA to Lender"s ~n- terest ~n the Property 9. Condemnation. The procceds ot any award or Cla~m for clamages. d~~e~t u~ consequ~_~t~al. ~n connect~on w~th any con• ' demnat~on or other taking of t~~e Pro{~erty, or part thereof. or far conveyance in I~eu of con~emnaUOn. are hereby ass~gned and 'I shall be pa~d to Lendec ' , , 1n the event o( ~ total taking of the Property, the proceeds shall ba appl~ed to the sums secured by th~s Mo~tgage. w~th the excess. any. pa~d to 8crrower. In the event o( a parhal tal~~ng of the Property. unless 8orrower and Lender otherw~se agiee ~n ~ wnting, there shall I~e appl~ed to the sums secured by th~s Mortgac~e ~ucli proporuon o( the proceecis as is equal to that propor- Uon which the amount oi !he sums se~ured by this Mortgage ~mmed~ately pnor to the date ot takmy bears to the fair market I value ot ihe Property mimedialely prior to the date o( Iak~ng, w~th the Lalance of the proceeds pa~d to Borrower. If ~he Proper~y ~s abanduned by 8orrowe?, or it, a(ter nouce by Lender to Borrower that the condemnor ofters to make an award or settle a claim for dama~~es. Borrower fa~ls to respond to Lender w~th~n 30 days a(ter ihe date such not~ce is maded, i lender ~s authonzeJ to collect and apply the proceeds. at Lender's opuon. e~ther to restoraUan ar repa~r o( the Property or to the sums secu~ed by th~s Mortgac~e. U~less Lender and Borrower other~vise agree ~n writing. any such appt~cation of proceeds to pr~ncipal shall not extend or postpone ihe due date ot ttie montlily installments referred to m paragraptis 1 and 2 hereo( or ct~aRge the amount of such in- stallments. ' - 10. Borrower Not Released. Extension of the time for payment or modi(+cation of amortizatian of the sums secured by this Nortgage granteci by Lender to any successor in ~nterest of Borrower shall not operate to release. in any manner, the liabili- ~ ty o( the orig~nal Borrower and Borrower'S successors ~n interest. Lender shall not be reqwred to commence proCeedings i, against such successor or retuse to extend time for payment or otherwise mod~fy amorazaaon of the sums secured by this Mortgage by reason oi any demand made by the orig~nal Borrower and Borrower's successors in interest. ! 11. Forbearance by Lende~ Not a Waive~. Any (nrbearance by Lender ~n exercising any right or remedy hereunder. or otherwise affurded by applicable law. shall not be a wa~ver of or preclude the exercise of any such right or remedy The procure- ment of insurance or tf~e payment ot taxes or ottier liens or charges by Lender shall not be a waiver of Lender's right to accelerate the matur~ty of the ~ndebtedness secured by this Mortgage. • ~ 12. Remedies Cumulative_ All remed~es provided m this Mortgage are d~stinct and cumulative to any other right or remedy under t!~~s Mortgage or af(orded by taw or eqwty, and may be exercised concurrentfy. independently or successively. - 13. Successors an~i Qssigns Bound; Joint and Several Liability: Captions. The cdvenants and agreements herein con- tained shall b~nd. and the rights hereunder shall inure to, the respecave successcrs and ass~ryis of La~~der and Borrc+wer. subject to the prov~s~ons ot paragraph 1 ~ hereof. All covenan:s and agreements ot Borrower si~aif be jo~nt and several. The capt~ons and ~eadings of the paragraphs of th~s Mortgage are for convernence orely and are no~ to be used to interpret or def~ne the ' provisions hereof. _ 14. Notice. Except for any notice required under apolfcable law to be givenin another manner. (a) any notice to Borrower provided for ~n this Mortgage shall be given by mailing such rotice by ceraf~ed~na~! addressed to 9orrower at the Property Ad- ~ dress or at such other address as 8orrower may des~gnate by ~ot~ce co lender as provided herein. and (b) any nouce to lender ' ~ shall be given by certified ma~l. return receipt requested, to Lender's address staced herem or lo such other address as lender ~ may designate by notice to Borrower as pro~rided herein. Any notice prov~ded (or in this Mortgage shall be deemed to have ~ been g+ven to Borrower or Lender when given in the manner designated hereEn. ~ 15_ Unitorm Mortgage: Governing Law: Severability. This (orm of mortgage combines uniform covenants for national use and non-uniform covenants with limited variat~ons by junsdiction to constitute a umtorm security instrument covering real ~ property This Mortgage shall be govemed by the law of the ~unsd~ct~on in wh~ch the Property ~s locate~ {n the event that any provis~on or clause of this Mortgage or the Note confhcts wi[h appl~cable law, such confl~ct shall not af(ect other provis~ons of ~ this fMortgage or the Note which can be piven ef(ect witho~t the conflicting prov~s~on. and to this end the provis~ons of the ~ Mortgage and the PJote are declared to b~ severable. 16. Sor~ower's Copy. 8orrower shall be fii~n~shed a conformed copy of the Natn and of th~s Mortgage at *he time of ex- ~ ~cuti~n nr after recordat~on hereof ! 1y i INTENTIONALLY OhiITTED - ~ ^ € ~ r - a ~ NON-UNIFOR~1 COVENANTS Borrower and ~ender Iurti~er covenant and agree as follows ' i 18_ Acceleration: Remedies. Except as provided in paragraph 17 he~eof, upon Borrower's breach ot any covenant or ~ ' agreement o( Borro~ver in ihis Mortgaga, inctuding the covenants to pay when due any sums secured by this hlortgage, t Lender prior to acceleration shall ma~l notice to Borrower as provided ~n paragraph 14 hereol specityir~g: i1) the breach: ~ (21 the action reauired to cure such breach: 13) a date, not less than 30 days Irom 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 belore the date spec~fied in ~ the notice may result in accelerati~n of the sums secured by this Mortgage, foreclosure by judicial preceeding and sale oi the Property The notice st~all turther inform Borruw~r of the r~gh[ to re~nstate ai~er accelerat~Qn and the r~ght to ~ assert ~n the :oreclosure proceed~ng the non-existence of a detault or any other defense of Borrower to actelerauon and ~ foreclosure. It the treach ~s not cured on or (belore the date s~eal~ed in the not~ca, Lender at Lender's opt~on may ' declare ail ot the sums secured by th~s Mortgage to be ~mmediately due and payable wnhout lurther damand and may) toreclose th~s Mortgage by jud~c~al proceed~ng. ~ender shall be entrtled to collect in tuth proceeding all espenses oi foreclosure. :ncluding, but not I~m~ted to, reasonable attorney's tees, and costs ot documentary evidence, abstracts and title reports. ~ aa~ 447 ~~G~ ~ ~ ~ _ - - ~ _ - _ _