Laserfiche WebLink
<br /> <br />Lender's written agreement or applicable law. Borrower shall pay the amoum of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall xcome additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disburs/trtent at the raft payable ftam time to time on ouestanding principal under the Note unless payment of <br />interese at such rate would be contrary to applicable law, in which e-rent such amounts shal3 bear interest at the higher rate <br />permiasble under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expetist ar take <br />arty aMion hereunder. <br />S. Iaspec4i~. Lender may make or cause to be made reasonable entries upon and inspeMio[ts of the Property, provided <br />that Lender shalt 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 damages, direct ar consequtn@al, in connection with any <br />condemnation or other taking of the Property, or part thereof, or far conveyance in fieu of condemnation, are hereby assigned <br />and shall be paid to Leader. <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 grocetds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the dolt 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 collect and appty the proceeds, at Lenders option, either to restoration or repair of the <br />Property or to the sums secured by shin Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <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 />Ile. Borrower Not Released. Exeension of the time for payment or modification of amortization of the stints 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 be required to comtnence <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 Borrower's successors in interest. <br />11. Rorbearance by Leader Nat a Y6'aiver. Any forbearance by Lender ir. exercising any right or remedy hereunder, or <br />otherwise a$orded by applicable law, shalt not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shat! not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedneu secured by this Mortgage. <br />12. Remedies Cemelatlve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under ibis Mortgage or afforded by law or equity, sad may he exercised concurret±tly, independently or successt>c.y. <br />13. S~atasors aen i:-saFgm Bannd; Joint artd Sererai LisbrTlly; Captions. TTet covenants and agreenxnts herein <br />contained shall bind, 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 and agreemtnu of Harrower shall be joint and several. <br />The captions sad headings of the paragraphs of this Mortgage are for convenience only and are not io be u~Y'u fo <br />interpret ar define the provisions hereof. <br />i4. 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 be given by mailing such notice by certified mail addressed Yo Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and <br />(b} any notice to Lender shall be given by certified math return receipt requested. to Lender's address stated herein or to <br />such other add*ess as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed fo have been given to Borrower or Lender when given in the manner designated herein. <br />15. UnNorm rvlortgage; Govemir~ Law; Severability. This farm of mortgage combines uniform rnvenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrumem 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 Nate car,flicts with applicable law. such rnnflict shalt not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />IS. Borrowee's Copy. Borrower shall oe furnished a confomted cop;' of tt,P :ore and of this Mortgage at the time <br />of execution ar after recordation hereof. <br />17. 'Praesfer of tfie Property; Assnmptioee. If all or any part of the Property or an interest therein is sold or transferred <br />6y Borrower without Lender's prior written consent. excluding (al the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, icl a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or ldt the grant of any leasehold interest of three years or less <br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shalt have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Property is to bt said or transferred reach agreement in writing that the credit of such person <br />is satisfacrory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as 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. Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />if Lender exercises such ogiion to accelerate, Lender shaft mail Borrower notic.°, of acceleration in accordance with <br />paragraph 14 hereof. Such notice shaft provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sams declared due. If Borrower fails ro pay such sums prior to the expiration of sech period, <br />Linder may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph IR hereof. <br />Nox-Ux[eaaM Covaxaxrs. Borrower and Lender further covenant and agree as follows: <br />lo. Aceeleratlan; Retnedks. Pattpt ~ provided in paragraph t7 hereof, npaa Barreswer's breach of any covenant or <br />agteerrlEnt of Borrower in this Mortgage, Inelnding the covenants fa pay when dce any sums secured by this Mortgage, <br />Lender prior to accekratioa sfiaB mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) tiro breach; <br />(~) the action tegnirtd to care-such bresefi; (3j a daft, not less than 30 days from the date the aatiee ig mailed to Borrower, <br />by which sech breach mgt be cared; and (4) that fw7ure to care sucfi breach o0 or before Ih: 'ate specified in the rrotice <br />may result le ai°celeration of the sams seeur+ed by this Mortgage, foreelos»re by judicial proceeding and sale of the Property. <br />2'he »otlce s6aB fmther inform Borrower of the right to reitrstate after acceleratioe arrd the right to assert in the fareelosure <br />proctedirrg t#e tsott-etcistence of a default ar any other defet~e of Harrower to acceleration sad fareehrsnre. If the breach <br />'iq nM crated on ar before-the dolt speeilred is Ifie notlrre, Lender at Lender's option may declare all of the some secured by <br />ffiia Mortgage to be Itnnrediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shag be entitled to eailect In such proceeding all expenses of foreclosure, including, buY not limited to, casts of documentary <br />eridenct, abstracts and title reports. <br />14: Earrower's Right to Relnbtate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shalt have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />