|
Lender's wnu.n agreement or applicable law. Borrower shall pay the amount of all mortgage insurance 00091� the
<br />manner provided under paragraph 2 hereof.
<br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional
<br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such
<br />amounts shall he payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the
<br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of
<br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate
<br />Permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur anv expetax or take
<br />any action hereunder.
<br />B. inspection, Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided
<br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Property.
<br />9. Condemnation. The proceeds of any award or claim for dama ges. direct or consequential, in connection with any
<br />and shall be p id other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall he paid to Lander.
<br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage,
<br />with the excess. if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed. Lender is authorized to collecr and apply the proceeds, at Lender's option, either to restoration or repair of the
<br />Property or to the sums secured by this Mortgage.
<br />Unless or postpone the tdue Tdate ofrthe monthly tinstallments refer-red tosincparagraphs i andr2 hereof orrchangeslthe amounttatrof
<br />such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the pavment of taus or other liens or charges by Lender shall not he a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br />12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or
<br />remedy under this Mortgage or afforded by law or equity. and may he exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall hind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All covenants anti agreements of Borrower shall be joint and several.
<br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Mortgage shall he given by w mailing such notice by certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and
<br />(h) any notice to Lender shall he given I,} certified mail, return receipt requested, to Lender's address stated herein or to
<br />such other address as lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Mortgage shall he deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS, Uniform Mortgage; Governing Law; Severabifity. This form of mortgage combines uniform covenants for national
<br />use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
<br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the
<br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect
<br />other provisions of this Mortgage or the Note which can he loco effect without the conflicting provision, and to this
<br />end the provisions of the Mortgage and the Nate are declared to he severable.
<br />16. Borrower$ Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumption. if all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Mortgage, (h) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or
<br />Lender may, at Lender's option, declare all the sums secured by this Mortgage to be
<br />immediately du e and Payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender
<br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate a% Lender
<br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if BorroWer'S successor in
<br />interest has executed a written assumption agreement accepted in writing by Lender, I.ender shall release Borrower from all
<br />obligations under this Mortgage and the Note.
<br />If Lender exercises such option to accelerate, i ender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof, Such notice shall provide a Period of not less than 30 days from the date the notice i% mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, Invoke any remedies permitted by paragraph IR hereof.
<br />NONUNIFORM COVENANTS. Borrower and Gender further covenant and agree as follows:
<br />111. Accorkratlon; Remediee. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />ngreenwm of Borrower In this Mortgage, including the covenants to pay when due arty slims secured by this Mortgage.
<br />tenter infer to accekralbn shag mail notice to Borrower as provided In paragraph 14 hereof specifying: (1) the breach;
<br />(21 the aetims r"uimd M care such breach; (3) a date, not leas than 34I days from the dale the notice is mailed to Borrower.
<br />by *1111 b mch breach murt be cured; and (4) that failure to cure such breach on or before the date specified in the notice
<br />may reach In acceeration of the sums .secured by this Mortgage, foreclosure by judicial proceeding and sale of the property.
<br />"'be andke shell further ird(tfm Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
<br />proceeding the iron eahlence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach
<br />is not cured ow or before the date specified in the notice, Lender or Lender's option may declare all of the sums secured by
<br />t>dn Marlgagt to he Immediately due and payable without further demand and may foreclose by judicial proceeding. Lender
<br />ebWl be tntkkd to vo8ert In such proceeding all esPenws ut forechNUre, Including, but nor limited to, costs of doeunsentar►
<br />evikoce, ab►trasla and title reports.
<br />19, Borrower's Right to Reinstate. Notwrthstand "Ig 1 crtict'+ ,u :relctaunn of the ~urns ,ccnrcd h) tills Morrgapt•.
<br />tiorr,,Acr >hall have,, tilt• riRhi i,, have an) proceeding% begun hq I Ender t•• colorer tln, Ntortgage ,h„ nnnnued ..t ens note
<br />rdlY•'A 8/H4
<br />'4'r i st 1 ±Y3 4 A
<br />
|