Laserfiche WebLink
78-~4,}~~~?~ <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in rho <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 Bort4wer and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shalt bear interest from the <br />date of d•,sbursement at the rate payable from time t4 time on outstanding principal under the Nate unless payment of <br />interest at such rate would be contrary is applicable law. in which event sucfi atrtouats shall ixar inierGi a, the high x -_`~ <br />permissibte under apoticable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any ac*ion hereunder'. <br />&. Ittspectlaa. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt gire Borrower native prior to any such inspection specifying reasonable cause tfierefor related to Lender's <br />interest in the. Property. <br />4, Coademaaffoa. 'Ihe proceeds of any award or claim far damages, direct or consequential, in connection with arty <br />condemnation or other taking of the Property, or part thereof, ar far conveyance in lieu of condemnation, are hereby assigned <br />and shaft be paid to Lender. <br />In the event of a total flaking of the Property, the prxeeds 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 />otlteiwise agree in writing, there shaiE be applied to the sums secured by this Mortgage such proportion of the pre~ceeds <br />as is equal to that proportion which the amount of the sums savored 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 Harrower that the condemnor ofl'ers t4 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, Lander is authorized to calleet aml apply the proceeds, at Lender's option, either to restoration ar repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Ler:der and Borrower othenvise agree in writing. any such application of proceeds to principal shall not txtend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />lU. Harrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage proofed by Lender to any successor is interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrowers successors in interest. Lender shad not be inquired to comtttexe <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortizstion of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers strecessors in int¢test. <br />11. Forbesrmace by Lender Nat s Tit elver. Any forirearance by Lender in exercising any right ar remedy lsereundor, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any stselr right or remedy. <br />The procurement of insurance or the payment of taxes ar other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />72, Reettedits CtsmahtNve. A!1 remedies provided in this !liortgage are distinct and cumntative to any other right or <br />remedy under this Mortgage ar affar'ed by law ar equity, and may he exercised cancurrenily, independently or successively. <br />i3, Sasce~ots anti Assigns Board; joint sad $eeeral i,iabi7ity; Captions. The covenants and agreements herein <br />contai^ed shall bind, and the rights hereunder steal! inure to, the resp°..ctive svcces<o'; and assigns of Lender and Bom <br />subject to the provisions of raragraph i7 hereof. Ail covenants and agreements of Borrower shall be joint and sevetxl. <br />The captions and headings of the pazagraphs of this Mortgage are far convenience only and am not i4 be used to <br />interpret or deffae 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 shat! be given by mailing such notice by certified mail addressed to Borrower at <br />fho Property Address or at such other address as Borrower may designate by notice to Lender as provided heroin, and <br />(b) any notice to Lender shall be given by certified mail, return receipt requested. t4 Lender's address stated herein ar to <br />such otltar address as Lender may designate by notice to Borrower as provided herein. Any notice provided far in ibis <br />Mortgage shall be claemtd to have been given to Harrower or Lender when given in the manner designated herein. <br />I5. Uatform Man=age; Gaveruiag Law; Severabiiity. 'kris form of mortgage combines uniform covenants far national <br />tree and ran-uniform covenants with l:miied variations by juri'sdietian to eanstitute a uniform security iastru;tteni covering <br />real property. This Mortgage shall be governed by the law 4f the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or rite Note conflicts with applicable law, such conflict shall trot affect <br />other provisions of this Mortgage or 4he Note which can be given effect without the conflicting provision, and to this <br />and the provisions of the Mortgage and the Note are declared to be severable. <br />16, Borrewor°s Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation htreof. <br />17. Transfer of the Property; Assampiaoa. If all or any part of the Property or an interest therein is sold or transferred <br />by Baerower without Lender's prior written caasent, excluding ta} the creation of a lien or encumbrance subordinate to <br />this Mortgage, fb} 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 (d} the grant of any leasehold interest of three years or less <br />not containing an option to pureha~. Lender may, at Lender's option. declare all the sums secured by this Mortgage to be <br />imntediatety due and payable Lender shall have waived such option to accelerate if, Prior io the sale aF traasfor, Lender <br />and the person to whom the Property is to be said 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 steal be at such rate as Lender <br />shall request. 3f 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, Lender shall release Borrower from atl <br />obligations under this Mortgage and €he Note. <br />If Lender exercises stR,h option to accelerate, Lender shall mail Borrower notice of accelersiian in accordance wish <br />paragraph 24 hereof. 3u:h natico shall provide- a period of not 'rss then 3G days from the dais the notice is maekd 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 mays without further notice ar demaml on Borrower, invoke any remedies germiUed by paragraph 18 hereof. <br />Nox-Urtiroax3 CovPatexrs. Bonawer and Lender further covenant and agroe as €ollmvs: <br />2$. Arat~u; Rttsedfca. EsaYpt m ~ovidtd iu pstsgraph I7 hereof, apoa i8ormwer's broach of say eovessut w <br />srt ~ ;anrrnwer i$ thtr Mortgage, iteeltrding the eoveaeats m pay when dace any cams seceaed by this Matigage, <br />Lamar prier tee rxcekr~Oa sbetb eusB rtoMce to )iorrewer ss provided is paragraph 14 hereof specifylaog; (1) the breaeh; <br />(Y) the setlaa required to tie ~h breraoit; (3} a date, front lei tbaa 3tl days frost the date the upHce to moBed to )morrawer, <br />vfbkb-xacb breach moot ice stared; sad (~#) that faHare to cure such hreseh au or before the dale-specified-let the notice <br />may rxsaK is acesle<alitia of the satin secarai by t~ Mortgage, foreclosure by ~dieiat proceeding sad >rae of the Property. <br />actipe s6tali loather iufoz~ lkurower of the sight b reiristate after xceteration sad the tight to s~eert iu t'At forec&ssttre <br />proceeding the- °~-~a~cr~e of s dchtdt ar say der Aefetrse of Borrower to aseelerttttoa sad toreeiosure. V the bleach <br />;yr aot eared era-or betere !be date specified ~ the uotic"c, tender at Caroler's apiion map decisre ~ tit the same secured by <br />~'~ m be y d~ amt paya!!~ witbtrat further demand sad may foreclose by iudiciaf proceednrg. Leader <br />be enlitird t9 eoileet iu 8 l1t!Dr:&tdi0~ ~ e:peaaes et CoreclosuR, iucltt~; bat sot limited to, camas of docameretary <br />b9ideaCe, ab[draets and-title rspor~. - - - - - - <br />lq. Borrower's-Right to $ebastatt. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, <br />Harrower shalt have the right to have any proceed"svgs begun by Linder to enforce th'ss Mortgage disconrnued at any time <br />