Laserfiche WebLink
79-- l} lj 1 iS t~ 7 <br />Lender's written agreement or applicable law. Borrower shall pay the amount 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 interese thereon, shall became additional <br />indebtedness of Borrower secured by Yhis Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender eo Borrower requesting payment thereof, and shat! bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Nace 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 any expense or take <br />any action hereunder. <br />8. faspectlon. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Ixnder shall give Borcower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coademrmtbn. The proceeds of any award or claim for damages, direct or consequential, ir. connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shat: be paid to Lender. <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, them 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 rams 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 tender within 3C days alter the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of ttte <br />Properly or to the sums secured by this 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 artd 2 hereof or change the amount of <br />such installments. <br />1Q. 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 />fhe liability of the original Borrower and Borrower's successors in interest tender strait not ire required ro commence <br />proceedings against such successor ar 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 Barcoweis successors in interest. <br />il. Fatbearaoct by Leader Not a wdver. Any forbearance 6y Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The pracurenxnt of insurance or the payment of xaxes or other liens or charges by Lender shall not be a waiver of Lender s <br />right to accelerate the maturity of the indeMedness secured by this Mortgage. <br />12. R Ctaraabthe. 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 equiv. and may be exercised concurrently. independently or successively. <br />13. Sacc~ors sad Ass3gas Eoead; )oiot artd Several I.iabaity; Capfioru. The covenants and agreements herein <br />wntained shag bind, and the rights hereunder hall inure to, the respective successor and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. .4!1 covenants and agreements of Borrower shall be}oint and several. <br />The =options artd headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />I4. Notke. l3zcept for any notice required under applicable !aw to be given in another manner. fa) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at sucfi other address as Borrower may designate by notice to Lender as provided heron, and <br />(b} any notice to Lender shall be given by certified mail. return receipt requested, to Lenders address stated herein or to <br />such other address az Lender may designate by notice to Borrower az provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform MoRgage; Gaveruisig Law; 5everabAity. This form of mortgage combines uniform covenants Eor national <br />rue and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. :his 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 be given effect without the conflicting provision, and to this <br />end the provisions of tax Mortgage and the Note art declared to be severable. <br />- 1:6. Borrowers Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of ex[xution ar aher recordation hereof. <br />17. 'II`raes[er of t~ Property; fimamptioa. If alt or any part of the Property or an interest therein is sold or transfernd <br />by Borcower without Lender's prior written consent. excluding (al the creation oC a lien or encumbrahce subordinate to <br />this Mortgage, (b) 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 thret years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare alt the sums secured by this Mortgage to be <br />imtnediaiely due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br />sad the person to whom the Property is to be sold ar 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 az Lender <br />shall regt~st. 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 alt <br />obligations u~cr this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 3C days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period, <br />Lender may, without further rmtice or demat~ on Borrowee, invoke any remedies permitted by paragraph 18 hereof. <br />Ntxr-UxrFOaes CovsN,vxrs. Borrower and Lender further covenant and agree az follows: <br />lE. Actde Remedies. Escelat as pttovidtd k parsgntph 17 hereof, upon Borrower's breach of my covenant or <br />t of Borrower h this Morlgatge, bxl~ the rnveasats to pay when due any wens aecared by tbie Mortgage, <br />L®der prior to aeodentlon a6aB rnttB varlet to Borrower sa provided in paragraph 14 btrwf sptxifylag: (1) the breach; <br />(2) the attlan regdttd to wet web breach; (3) a sate. trot leas than 3o days tram the date the notice m maBed to Borrower, <br />by srMdr sect breach maR M eared; sad (4) that faHare to care sack breach oa or before the date specified in the ratite <br />riq rawdt bs accdaa8aa of the sasas secured by Mb Mortgage. forcelosarc by jadicisJ proceednrg sad sak of the Property. <br />1'6e tsaMia ebaB fother iot!otr® Bsrrower ~ >flre ~ ~ reiratHs after acceleration and the right to tweet ~ the [orcclostrn <br />pteteedlag fhe aoEe>ciAmee of a dehdt a any otter defetrsc of Borrower to accekrat[on sad foreclesare. T! the bresth <br />bast eared a oa bdort the date speelBCd M the tatMee. Cesdtr d Lenders optloa may declare aB of the sums secured by <br />his Mertptge ~ be doe and payable witlwat fnrlher demand and may foreclose by jadiciaf proceedlag. Censer <br />shat be entitled b eo9ett )o such ~ocsedbig aB tzftemes of fomWrare, ioeiudiug, bW sot Bmked to, costs of docutaeatary <br />evidence, atbetsaeb aed title repots. <br />1!. lorrowtars Right b Rsbratste. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, <br />Borrower shall have rite right to have air proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />