Laserfiche WebLink
<br />I.en~der"s written agrw„v~mettt yr applir.:alble law. Horrawer shall pay the an±a~tat off alt rn~artgagt insurance prtrrtiiWms in the <br />manner pu'owadeat; under paragraph 2 Iteseaf'. <br />Any amounts disbursed by Ltndet pursuant to this paragraph 7, with inuresx Yl;trwn. shall become additianai <br />indebtedness of Borrower secured by sibs Mortgage. F'r=less Borrower a- I.e=der agree ?n mhtr terms of payment. su£l7 <br />amounts shall be payable upon notice from rxnder to Borrower req ucsting payment thereat. and shall br_ar interest from Yfle <br />daft of disbursement at the rats payable fro.. time to time on .wtstanding principal under the Note unless payment of <br />interest at such rats would be contrary to applicable law, in which event such amounts shal3 bear interest at the highest rate <br />pttmissible under applicable law. Nothing contained in this paragraph 7 shall require Linder to incur any expense or take <br />any action hereunder. <br />8. l~ctioa. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />Thai Lender shall give Borrower notice prior to any such inspeMion specifying reasonable cause therefor related to Ltndtr's <br />interest in the Property. <br />9. Coedemtration. The proceeds of any award or claim for damages, direct nr consequtntiai, in connection with any <br />condemnation or other caking of the Property, er part Thereof, c: far conveyance in lira of condemnation. are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the s?ems 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 Morgage 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, er if, after notice by Lender to Borrower ehat the condemnor offers to make <br />an award or settle a claim far damages, Borrower fails to respond to Lender within 30 days after 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 the <br />Property 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 I and 2 hereof or change the amount of <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 be 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 Borrower's 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 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 shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. Ali remedies provided in this Mortgage are distinct and cumulative fo any other right or <br />remedy under this Mortgage or afforded by taw or equity, and may be exercised concurrently, independently or successivtly. <br />13. Successors sell Armes Boand; ]nine and Several i.iaMlity; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Linder and Borrower, <br />subjtM to the provisions of paragraph 17 hereof. Alt covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or 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 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 />(,io) any notice to Lender shall be given by certified mail, return receipt requested. to Lenders 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 be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />1S. Uaitorar Mortgage; Governing Lsw; SeverabBtty. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations 6y iurisdiction to constitu#e a uniform security instrument covering <br />real properly. 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 tkis Mortgage vz the Note conflicts with applicablc Iaw, such conflict shat: not affect <br />other provisions of this Mortgage or the Notc' which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared [o be severable. <br />16. Borrower's Copy. Borrower shall be furnished a confortned copy of the Note and of this Mortgage at the tune <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Aewmptlon. if all or any part of the Property or an interest therein is sold or transferred <br />6y Borrower without Lender's prior written cvnsenr; txrluding (a) the ~ can of a liar. of entumu,nnce subvrdinaie 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 ja=m icnart or (d) the grans 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 shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is [o be sold cr 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 as Lender <br />shall regtttst. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in <br />interest has executed :. 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 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 30 days from the date the notice is 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 farther notice ar demand on Borrower, invoke any remedies permitted by paragraph }8 hereof. <br />Nox-Uxt~oatst Covexaxrs. Borrower and Lender further covenant and agree as follows: <br />18. Accderallan; Remedf~s. Except as provided in paragraph 17 bereof, upoe Borrower's teeth of any covenant or <br />agrasae~ ~ Borrower is tb& Mor~age, i®cludiag the rnveaaets to ~y wheu due auy sums secured by tBis Moc~aFt, <br />Leader prior to aecekratloa shag maB Holler to Borrower as provided En pnslgraph 14 hereof specifying: (1) the breach; <br />{2) tit aetleu re4 to tutor sac6 breach; (3) a dace, sot less than 38 days from the drte the entire is mailed to Borrower, <br />iy wild sari b>rMeh cleat 6e cared= sad (4) fiat failure to cure such breath oa or before tit date specified la the entice <br />may raft b>< secderatloe of the wens secured by tics Mortgage, fore.losare by judki~ Proceeding and sale M the Property. <br />Tie aadce shy fattier it$orm Borrower of the right to «iashrtc after accekratbn and tie right to amen hr the torrcbswe <br />psecee~ag i5a aots~exhrteaes of a detardt or say otter deftest of Borrower to accekradloa and foreclmare. H the breath <br />Fr set tared oa ar betoro tie dtde specified !a tie no0lce, Lmrder at Lender's oplioa may declare aFl of the sums secured by <br />tlds Mme to ba i~g dos sad pay~'x w73lcoat further demand and m9y foreclose by jaditid proceedneg. Lender <br />d1laB le sntitied to taBett ~ scab ~ ~ eape~ea ~ forttie>wre, iacledhrg. bat sat tlraited to, coNs of documeeurv <br />eviis4ces ttbsdticts sell ~e rePorh. <br />14. ~e ten ~. Notwitbsfandittg Leader's acceleration crf the sums secured by thss Mortgage. <br />BQfrOwtC Shall have flit tight is have anV Aroeeedi?tgs begten by ! ~.^~ r i. en,or to this 'hiGYt~ag6 d16~OntlnUtd a[ any SImC <br />