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Home My WebLink About0971 ~ Lende~'s written agreement or applicable law. Borrowe~ shatl pay the amaunt of all mongag~ Intu~anco prcmiums in the manner pro: ided under perag~eph 2 hercof. Any amounts disbursed by Lende~ pursuant to this paragraph 7, w~ith intcrest thereon, shall become additionpl inJebtednrss of Borrower secured by this Mo~tgage. Unltss Horrow~er and I.ender agree to other terms af payment, such amounts sha11 bc payable upon natice from I.endcr to Bor~~wer requesting paymc~t thcreof, and shall bear intcrest ftom thc date of disbursement at the rate payahle (ram time to time on oulstandfng principal under the Note unless paymtnt of interest at such rate would be contrary ~o applicable la~v, in which event such amounts shall bear interest at the ~ighest rate permisslble undor applicable law. Nothing contained in this paragraph 7 shal! requi~ [.ender to incur any expense or takt any action hereundet. 8. IasperHoa~, i_ender may make or cAUSC to be made reaconable entries upon and inspections of the Pro}xriy, provided ~ that t.ender shal) gire Borrower natice prior to any such inspectio~ specifying reasonable cause therefor related to Lender'a ~ interest in the Property. ~ 9. Condemnatb~. Ths procee~'s of any award or claim for damag~s, direct or consequential, in connection with• any , condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hercby assigned ! and shall bc paid to Lender. j In Ihe event of a total taking of the Property, the proceeds shatl be applied to the sums securcd by this Mortgage. ! with the excess, if any, paid ta Borrower. ln the event of a partiaf ta}:ing of the Properry, unltss Borrower and Lender ~ otherwise agree in writing, Ihere shall be applied to the sums secured by this Mortgage such praporiion of the proceeds ~ ~ as is equal to that proportion which the amount of ehe sums secured by this Mortgage immediattly prior to the date of taking btars.to thc fair market value of the Property immediately prior to thc data of taking, with the balance of the procecds paid to Borrower. ~ i If the Pruperry is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to makt f a~ award or settte a clatm for damages. Borrower faits to respond to I.ender within 30 days afte~ the date such natice is ~ mailed, Lender is authorized to collect anu appiy the procceds. at I.ender's option, either to restoration or repair of the Aropertp or to the sums secured by this Mortgage. ~ - Unle3s Lender and Borrower othenvise agrce in writing. any such application of proceeds to principal shalt not extend or postpone the due date of the monthly installmenls referred to in paragraphs 1 and 2 hertof or change ihe amount of ~ such installments. ~ le. ~orrower Not Rekased. Extension of the time for payment or modificatian of amortization of the sums secured by this Mq?igage granted by Lendcr to any successor in interezt of Borrower shal) not operate to release, in any manner, the liability of the origina) Borrower and Borrower's successors in interest. I_ender shall not be required to commence ~ proccedings against such successor or refuse ta extend time for payment or othenvise modify amortization of the sums ' secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. _ U. Forbesrance by I.ender Not ~ R'alrer. Any forhearance by I_ender in exercising any right or remedy henunder. or ~ otherwise aRorded by applicable Isw, shall not be a waiver of or preclude the exercise of any such right or remedy. The prociirement of i~surance or the payment of :axes ~r other liens or charges by Lender shal) not be a waiver of [.ender's right to accelerate the maturity of the indebtedness securcd hy this Mortgage. 12. Remedies Cnmuiathe. All remedies provided in this Mortgage are distinct and cumulative to any other right or - remedy under this Mortgage or afforded by law or equiry, and may be exercised concurrently, independently or saccessively. 13. 3nccessors and A~ns aound; ]oint nnd Se~•eral Liabitily; CaptiQns. The covenants and agreements hereirt contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrow=r. subject to the provisions of p2ragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. _ "~te captions and headings of the paragraphs of Ihis Mortgage ace for convenience only and ~re not to be used to inte~pret ar define the provisions hereof. ~ ~ 14. Notke. Ex.ept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgag~ shal) be given by mailing such notice by certified ciaii addressed to Borrower at the Prope~ty Address or at such other address as Borrower ma~~ designate by notice to T.ender as provided herein, and (b) any notice to Lender shal) be given by certified mail, retum receipt requested, to t.ender s address stated herein or to such other address as Lender may designate by notice to Borrowe~ as provided herein. Any nottce provided for in this Mortgage shall be deemed to harre been given to Borrower or Lender when given in the manner designated herein. 1S. U~ifarne Mortgage; Govcrnln~; Law; Sevenbflity. This form of mortgage combines i~niform covenants for national use and non-uniform covenants with limited variations by~ jurisdiction to cor~stitute a uniform sccurity instrument covering real property. 'I~is Mortgage shall be governed hy the law of ttte jurisdiction in which the Property is located. In th~ event that any provision or clause of this Mortgage or the Note contlicts with applieable law, such conflict shall not aff~rt other provisions of this Mortgage or the Note which can be given effect wi~hout the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. 16. Dorro~e~'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. Tr~asfer of the Property; Assumpiion. If all or an}~ pan of thc Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) 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, ~ descent or by operation of laK• upon the death of a joint.tenant or (d) thc grant of any leasehold interest of three years nr less not cantaining an optic~n to purchase, Lender may, at Lender's option, declare all the sums secured 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 person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfa;.tory to LenJer and that the interest payable on the sums secured by this Mongage shall be at si~ch rate as Lender shall request. Tf Lender has w~ivcd the option to accelerate provided in this paragraFh 17. and if Borrower's successor in - interut ha~ executed a written assumption agreement accepted in writing by Lencler, Lender shall release ~orrower from all - obligations under this Mortgage and the Note. ~ 1f Lender exercises such option to accelerate. Lender shall mail Borrower notice of accel~ration in accord~nce with . t paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within ~ which Borrower may pay the sums declared due. If Borrow•er fails to pay such sums prior to the expiration of such period, Lender may, without furthe~ notice or demand on 8orrower, invoke any remedies permitted by paragraph 18 hereof. No*t-Ux~FORtrt Covex~H'ts. Borrower and Lender further covenant snd ~gree as follows: 18. Acceirratka; ~tsp~edies. Excep as pro~3ded in panoarap6 17 hsreof, opon jorrower's bresch of Aay corcwt~a! or ~ agreement ot Borrower ie tbk Mwt*a~e, inclodiAg t~e covenaMa to pay rnc~a dne aay saau serund 6y tbb Mort~~e, I.seder - prbr to accekntioa abail ~i potke to sorrower ss p~rorkied ~ p~ra;rap~ 14 l~rreot speciE}~: (1) tbe bnescl~; (2) t~e sction nqnired to c~re sscb bresc~; (3) : date, aot kas tbaA ~0 daya [rom tl~e date tbe notke ~S m8ed to Barro~?cr, by wl~ic~ wcti • breach antiot be cered; ~d (4) tf~at [aBnre to cure s~ch bn~cb oA or l~elors tire date sreci6ed ~ t1~ ~#ke esay res~it i~ . sccdcr~oa o[ tt~e ~ ncued by thb 1to~tga`e, torec~osure by judichl proceediw~ ~ sa~k ot ttie hapert-i. ~otke shsq further istona ~rvwer ot the ri`ht to refnstste sfter secckntba a~d tke ri~t fo a~r4 i~ tie fo~eciowre xoceedi~ ~ - tbe son-rxlstence of a dei~~lt or aay other defen~ ~f Eorrower to accskrntioa aod foreciaore. If twe brescl~ i~ ~ot cmd oa or betore the d~tte speci8ed {s ti~e notfce, i.eadsr at Lea~er's optbe ~nay de~cl~e alt of the srss sec~red Iry ti~is Motl~s~e to be ~ im~aedbteiy dae awd p~r~We widwot furtber derusnd and may forcclofe thfs Mort~a~e by judicbal proceedf~. I~der swfi be estilLed to ccliect hs suc6 proceedia~ ~ e:p~~a of torecbzwre, includin`. but aot ii~hed to~ rea~o~abie altorney's fas, aad costs oi doc~~etstary evidc~ce, sbstraci~ oRad tftle rsporb. 19. Dorro~er'a Ri~kt to Reiodate. Notwithstanding Lender s accelsration of the sums securtd by this Mortgage, Borrower shall have the right to have any proceedings hegun by Lender to ~nforce this Mortgage dixontinued at any time ~~}DK J(7~ PASE J7~ t~ -