Laserfiche WebLink
<br />~9- UZS81 <br />Lender".s written agreement or applicable law. Borrower shall pay tbe aaurunt of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />-Any amounts disbursed by Lender pursuant to this paragraph 1, 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 be 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 taw, in which event such amounts shall bear interest at the highest rate <br />permiastble tender applicable law. Nothing contained in this paragraph 7 shall require Lender [o incur any expense of take <br />any action hereuacks. <br />& Inspection, Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying rasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in 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 shall be paid to Lender. <br />7n 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, artless 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 !o that proportion which the amount of the sums secured by this Mortgage immediately prior to the data of <br />taking bears to the fair mazket 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 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 Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone tfie due date of the monthly installments referred to in paragraphs I and Z 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 />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 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 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 CemWakve. All remedies provided in this Mortgage are distinct and cumulative to arty other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently. independently or successively. <br />13. Sueceasors and Asaigrts Bound; Joint and Sey~enl I.iabikty; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inurt to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and 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 be used to <br />interpret nr define the provisions hereof. <br />14. Notice. Except for any notice required under applicable taw to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice 6y 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 />(bj any notice to Lender shall be given by 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 be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severabkity. This form of mortgage combines uniform covenants for national <br />use and son-uniform covenants with limited variations by jurisdiction to constiatte a uniform security instrument covering <br />real property. This Mortgage shall be governed 6y the !aw 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 affeM <br />oU'tei' provisions of this Mortgage or the Note which can be given effect without the conflicting provis'son, and to this <br />end the provisiots of the Mortgage and the Note are declared io be severab}e. <br />16. 1orrower'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 hereof. <br />17. Tnmfer 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, (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 tenor.: or (d) 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 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 be sold or transferred reach agreement in writing that the credit of such parson <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 request. If Lander 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 option to accelerate, Lender shall mat! 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 />Lende may, without further notice ar demand on Borrower, invoke any remedies permitted 6y paragraph 18 hermf. <br />Note-Urtt>aoat t Coverrertts. Borrower and Lender further covenant and agree as follows: <br />18. Aecdentloa; Remakes. Except ~ proved in paragraph 17 hereof, upon Borrower's breach of soy covenant or <br />agreement of Borrower in thta Motfgt~e, iaclndt~ the covetants to pay wben due any earns accored by ibis Motigaae, <br />fender prbr b necekrati~ ehak-mall notice to Borrower u provided in paragraph 14 hereof specifyirg: (1) the breach; <br />(2) tAe scHnn rsgaired to cum each breach; (3) a date, not less tbsn 30 days from fire date the uotice Fs mailed to Borrower, <br />by wbleb trash l~reae6 mt®t be cared; and (4) tbat fa0arc to cure sock bratch on or before the date speckled in the notke <br />may. cask k sccderatlon of the sores secured by this. MorteaSe, torecbsure by jodkisl proceeding and sale of the Property. <br />'I~ notice shit bother brform Borrower of Het right to reinstate after acceleration acrd the right fo assert is Nte foreclosure <br />Proeadirq the -tsga~ealsteuice of a detpelt or aey other defense of Borrower to acceleration and foncbsnrc. R the breach <br />is qot cored on or before the date apeci8ed is the aotke, Lemke at Lender's option may declare ale of the sums secured by <br />tbir Mort~q to be Fmmed{fteiy d~ amt Pwy>~ without farther demartd and may foreclose by judicial proceeding. Lender <br />aMB be entitled to cotk+ct to such, proceeding ale expeipea of forecloaare, ineludhrg, brit trot kttdted to, costs of daeumeutaty <br />evhiaece, atrstracta a~ tkk eports: <br />19. >torrower°s fti~ht b Reiwttata .Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have thdright to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />