Laserfiche WebLink
7y-~,c~~6~i3 <br />Lender's written agreement or applicable law. Borrower shall pay the amaum of all mortgage insurance premiums in the <br />manrrer pq'nvided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest iberton, shall became 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 Ixndes to Borrower requesting payment thereof, and shalt beaz interest from the <br />date of disburxment 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 law, in which event such amounts shalt-bear interest at the highest rate <br />petmiss€ble under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. 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 reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnaton. The proceeds of any award or claim for dama¢es, 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 />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 tc Borrower. 1n 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 at the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair marke€ 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 Linder to Borrower that the condemnor offers to makt <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, eilhor to restorative; 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 eztrnd <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereo' or change the amount of <br />such installments. <br />ill. 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 soma <br />secured by this Mortgage by reason of any demand made by the anginal Borrower and Borrowers successors in interest. <br />11. Forbearance by bender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar <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 We indebtedness secured by this Mortgage. <br />72. Resasdies Camu-ativs. 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 equity, and may be exercised concurrently, independently or successively. <br />13. Suceeesors and Aseigos Bound; Jaut and Several I.iabBiry: Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of tender and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt be join 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 or define the provisions hereof. <br />14. Notice. Exttpt for any notice required under applicable law to be given in another manner, {a) any rwtitt 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 />(b) 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 Ire deemed to have been given to Borrower ar Lender when given in the manner designated herein. <br />15. Uni[arm Mortgage; Gorernirrg Law; SeverabiBfy. This form of mortgage combines uniform covenants for national <br />ux and non-uniform covenants with limited variations by jurisdiction to constitute s uniform security instrument covering <br />tral 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 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 fire provisions of the Mortgage and the Note are declared to be severable. <br />16, Borrower'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. Tra~fer of the Property; Amnmption. If all or any part of the Property ar an interest therein is sold or transferred <br />by Borrower without Tinder'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 far 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 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, priar 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 person <br />is aatisfactory• 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 hes 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 mail Borrower notice of acceleration in accordance with <br />paragraph 14 hetmf. 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 further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nox-UNiPORM CoverteNTS. Borrower and Lender further covenant and agree as follows: <br />18. AccekraAfoa; Remedke. Except ~ provided io paragraph 17 hereof, upon Borrower's breach o[ any covenant or <br />agree®ent of Borrower in this Mortgage, iaeiudhtg the covenants !o pay when due any soma ssstued by thffi Morigrvjs, <br />Leader prior to acsekratioa ebrdi mail entice to Borrower as provided in paragraph 14 hereto specifying: (1) the breach; <br />(2) the action regnued to care sash breach; {3) a date, not lees thou 30 days from the date the notice k mailed to Borrower, <br />by w ~h bxaeh Masi be ea[ed; and (d)-that [a8ure to sure such breach on or before the dale specified is the notice <br />reyy rewh ~ accelartion of the wq-s secured by this Morferge, foreclosure by judlctal proceeding and sale of the Property. <br />The eotlce shag further h~orm Borrower of the Might to reinstate after aeceleratioa and the right to assert m the forecbsure <br />praseediog-the nontafstenee of a defardi or any other deteax of Borrower to accekratba and foreclosure. It the breach <br />la tral cured on or before the drte specified iA the rwtice, Lender at Lender's option may declare a0 of the sums secured by <br />E6k Mortgase to be hamediatety doe and payable without further demand and may foreclose by jndisW proceeding. Lender <br />shrill 6e ea9ltled to collect is ~reh procrsding al! expenses of foreclosure, [udndfog, but not liurked to, costs of documentary <br />er[dsnce,abdraNa end tltk tepork. <br />19. Itorsowe-'s Right to Rsitsetata Notwithstanding Lxtrder's acceleration of the sums secured by this Mortgage, <br />Borsawer shall hoes tba right t, have any proceedings begun by Lender to en:eras this Marivage discontinued at any time <br />