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Home My WebLink About0933 . . . _ _ = _ ~ ~ ' ~ ~ ' l.ender's written agrcement or applicnbl3 law. Qortower shafl pa~ `th~ 1lmount of all martga~e insura:~ce premiums in the manncr provided undc~ paragraph 2 hereof. : - _ Any am~e~nts disbursed by l.ender pursua;it t~~ Ihis parag~~ph 7, with interest thereon, shali become ndditional . indebtednesc of ~orrower secured by this Mortgage. Unless BorraH~er and I.ender agree to other terms o[ payment, such a~naunts shall be payabfc upan ~atice irom t_cnacr Borrowcr requcs~ing payment~thercof, and sha!1 hear intcrost from the ~ date of disbi~rsemcn! at Ihc rate payahlc from time to time on oiitstanding principal undor tha Note unlcss payment of interest at such rate would be cont~ary to applicable la~v, in wl~ich~event such amounts shall bear interest at ihe high~st rato permissible under applicable law. Nothing c~nlained in this paragraph 7 shall reqiiire I.ender to incur any expenu or takz any actior~ hereunder. ~ 8. Xnspertioa. I_ender may makc ar cause to be made reasc~nable entries upan and inspections of the Property. providod tfiat [.e~drr shall give Borcower notice prior to any such inspection specifyin~ reasonable cause therefor related to Ltnder's interest in the Froperty. . ~ 9. Con~emnatbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of !he Property, or part thereof, ar for conveyance in lieu of condamnation, are hereby assigned • and shall bc paid to Lender. In the event of a total taking of the Pronerty, th~ pr:,reeds sh~ll bc applied to the sums secured by this Mortgage. with the excess, if any. paid to Barrowe~. in the evcnt of a partial taking of the Property. unless Borrower and I.toder otherwise agree in writing, there shall be applied to the sums sectired by this Mortgage such proportion of the proceeds ~s is equal to that proportion which the amount of ihe sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Propcrty immediat~ly pror to the date of taking, wiih the balance of the proceeds ~ paid to Borrowcr. ~ ' - _ If the Property is abandoned by Barrow•~r, or if, after notice by Lender to Borrowei- that the condemnor offers to ms.ke an award or settle a claim for ~~mages, Bor~ower faiis to res~ond to I.ender within 30 ~ays after the date such notice is • mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either ta restoration or-repair of the Property or to the sums secured b~• this Mortgage. ~ ' U~less Lender and Borrower otherwise agree in H~riting, any such application of proceeds ta principal shall not extend . or postpone thc du~ date of the manthly installments referred to in paragraphs 1 and 2 hereof or change the amount of - such ins~allments. ' , - 10. Eorror~er Not RekASed. Extension of the time for payment or modiflcation of amortization of the sums secured ~ by this Mortgage granted by Lender to any successor in interest of Borrower shafl not aperate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence - procetdings against such successor or refuse t~ zxlend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and 3orrower s successors in interest. 11. Forbearsnce by I.ender tYot a Wsiver. Any forbearance by i.ender in exercising any ~iRht or remedy hereunder, or ~ otherwise afford~d by applicable law, shall not be a waiver of or prsclude the exerci~e of any such right or remedy. , _ The procurement 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 maturiry of the inc:Pbtedness secured hy this Martgage. ~ ~12. Rrmed:es CumulaHre. All remedies provided in this Mortgage are distinct and cumulaiive to any other rigfit or remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or s~iccessively. 13_ Successors and Assigns Bound; Joinl and Se~•eral T.iabilfty; CapHons. The covenants and agreemer.ts herein containe~ shall bind, and the rights hereunder shall inure to, the respective succ~ssors and assigns of Lender and ~orrawer, subject to ihe provisions of paragraph 1T hereof. All covenants and agreements of Borrower shall be joint and several. 'i?~t capti~ns and headings oi the paragraphs uf this Morlgage are for convenience onl/ and are not to be used to interpret or define the pro~isions hereof. - . 14, t~otice. Except for any notice reqtiired under applicable law to be given irs another manner. (a) any notice to Bo?TOwer provided for in this Mortgage ahall be given by mailing such notice by certified mail addressed to $orrower at ~ - the P?operty Address or at such ather address as Borrower may designate by notice to 1_ender as provided herein, an~ _ (b) any noti:.e to Lender shall be given by zertified mail, return receipt requested, to I.ender s address stated herein or to ~ . such other aadress as Lender may designate by netice to 3orrower as~provided herein. Any natice provided for 'sn ttiis ~ ~~iortgage shall tre deemed io have t,een givcn to ~Borrower or l.ender when given in the manner designated herein. ~ ~ I5. Uniform MorlSs;e; Governireg Law; Serrmbility. This form of mortgage zombines uoiform covenants for *~ational ~ use and non-uniform ca~enants with limited variati~ns by joc~sdiction to constitute ~ uniform security instrument covering real property. This Mortgage shall be governed hy -the law of the jurisdiction in which the Property is located. 1n the ~ event that any provision or ~clause of this Mortgage.~r the 1~'ote conflicts with applicable law, such conflict shal) not affPct other previsions of this Mortgage or the Nate which can be given effect wilhout the conflicting provision, and to this ~nd the provisions of the Mortgage and the Note are declared to be severable. ~ _ 16. Borrowe~'s Copy, Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time - oi execut:on or after recordation he~eof. - . - 17. Tnnsier of the Property; Assumplion. If all or any part of Ehe Property or an interest therein is sold or transferred ~ by Borrower without Lender's pr.or wriuen consent, _excluding (a1 the creation of a tien or encumbrance subordinate to ~ ! this Mortgage, (b) the creation of a purchase money securiry interest for househo!d appliances, (c) a transf~r by devisr, descent or by operation aE ~aw upon the death of a joint tenant or (d) the grant of any leasehold incerest of three years ~r less not containing an aN?ion to purehase, Lender may. at L~nder'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 scld or transferred reach agreement in writing ttiat the credit of such person is satisfactory .o Lender and t~~a1 the interest ;:€.yable on the sums secured by this Mortgage shall be at such rate as °s.ender shall request. If Lender 1~as waived the option to acceierate provided in this paragraph l7, and if Borrower's successor in interest has executed a written assumption agreernent accepted in writing by Lender, Lender shall release Borrawer from alt obligations under Yhis Martgage and the Note. _ , i If Lender exercises such option to accelerate. Lender shall mail Borrower notice of aceeltsatien in accordance with ~ paragraph 14 hereof. Such ootice shall providc a pcriod ~f not less than 3d days from ths date the notice is mailed within ~ which Borrower may pay the sums declared due. if Borrower fails to pay such s«ms prior to the expiration of such ptriod, I.ender may, without further notice or demand on-Borrower, invoke any remedies permitted by paragraph 18 hereaf. ~ - ~ . Nox-UxtFOxtK CovexeNrs. Bonower and Lender furthtr covenant and agree as follows: - - ls. A..cekrstios; T~erusdies. E:cept a~ prorldsd ip Para~*sePi~ 17 hsreof, vpon ~orronrtr's breaL6 of aay coveaaet or . a~ree~t:of D~snti*•~!r ie d~is Mor~are, iniriudi~ tiie roresssts to p~y v?i~ew ~ae ~y sams secun~ by tbis Mwqa~e, I,eader prior #o sccekr~tiw~ ~~~otice to Dorro~er as pmrided ia p~ra~rspie l4 t~ersof ~pecif~: (1) i~e bf+eszk; t~e atlioe regsirei to cro svc4 ~eescti; (3) a~c, wot lers lfes~ 3o da~ fraw tl~e date tf~ ~otice is ~ed b Eortower, d~' wi~cm ~seY : bresch ~~t be c~ed; si (4) tbat failare to c~re s~ bteacle os~ ot bdort tMe ~1ate s~ec~ea ~ tbe sotke ~ rewlt i~ acc~eratjow oE t~e s~ secued by tl~ Moet~~t, foceclo~orc b~' j~icW tracee~a; aea s~le ot tl~e Tra~ert~. '1tie eode* ~ slWi fnrtber iNfor~ forr+uwer oQ tise rirht to r~e aE~er sccekratio~ ~ tf~e ri~it to awert i~ tMe for~e+clo~wrs ~arocea~o~ ~ tLe so~rezWerce d s 8efa~it or a~y other acfebe of Eorrawer to sccekrs8o~ swi foreciowne. U tf~e bresc~ i~ ~ot c~ oa or betore tre dNe specfliei ~ tLe wo~k~e, Lesder at Lea~'a opt~oe ~ dechre ~ of tbe w~ secsntii bry tl~s Meei;are 1o be iien+~dy d~e a~i NysMe witio~t fwtber iesa~d a*d wy forecba tl~ Mo~a~e ~r jadicW M+oceeai¦L. I.~wkr ~iai be ertWed to eoikct h weL ~viceeii~ all e:pe~a of f. .~ecbwre, inchd3~, bnt aot ~ to, reaw~esr' k apoc~eYt fea, ~d cosEs of do~ es~~e~ce, abRc~cb ai tktie r:, .,:1s. _ - 19. dorrox~er'~ Ri~Yt b Reirtsta Notwithstanding Le~der's acceleration of the sums secured by thia Morigage, _ Borrower shall have the right to have any pracealings begun bY Lender to enforct this Mortgage discar.tinued at any time l}R~s~ • - ~ ~tl0i(cX7~ ~~GE ~