Laserfiche WebLink
<br />Leader's written agrcement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the <br />manner provided under pazagraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to ether 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 a~ 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 />~ $. lattpettknt. 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 />~j interest in the Property. <br />9. Coademuatlon. Thr. 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 />In the evtnt of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />a1 with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, unles_a Borrower and Lender <br />~ otherwist agree in writing, there shall be applied to the sums secured by this Mortgage s. , h proportion of 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 market value of the Property immediately prior to the date of taking, witfi 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 ±o Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and appl}• the proceeds, at Lender's option, either to restoration or repair of the <br />Property er to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall Hoe extend <br />or postporre the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Harrower 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 iiabiiiry of tilt original Borrower and Borrower's successors in interest. Lender shaii Hoe rx rtiyuircd io cunztTrdiC~ <br />proceedings against such successor or refuse to eMend time for payment or otherwise modify amortization of the sums <br />secun;d by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />li. Fosbearsace by Le®der N~ a Waiver. Any forbearance by Lender in exercising any right or remedy hetunder, or <br />othewise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any such right or remedy. <br />11se procurement of insunrnx ar the payment of zazes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the tasturity of the indebtedness secured by this Mortgage. <br />12. Rem Ce®taltli~e. Atl remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be ezerciud concurrently, independently or successively. <br />13. SaKCessors trod Assigns Boozed; Doint and Several i.iabtTm_ : Captious. 'Rte covenants and agreements herein <br />contained shag bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender ana Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrow-er shall be joint anx; ~•.eral. <br />'Ibe captions and headings of the paragraphs of this Mortgage are fur convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />id. Notice. )3xcept 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 nvtice so 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 m <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 beer: given to Burrower or Lender when given 'sn the marrer designated herein. <br />15. Uaiforra ]Kortgage; Governing Law; Se~'erah8it}'• This form of mvrtgage combines unifvrm covenants for national <br />tax and non-un=form covenants with limited variations by jurisdiction to constiatte a uniform security instrument covering <br />real property. 7ltis Mortgage shall be governed by the ]aw of the jurisdiction in whicls the Property is located. 1n the <br />tserst that an}• provssion a< ciattse of this Mortgage or the Note conflicts with applitabk law, such conflict shag not atie~•t <br />other provisions of this Mortgage or the Note which can be given effect without the cronflicting provision, and to this <br />e~ the provisions of tht Mortgage and the Note are declared to be severable. <br />16. Borrowerb Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the titrrc <br />of execution or after recordation hereof. <br />17. 1`ratreEer of tie Property; Aran®ptron. If all or any part of the Property or an interest therein is sold or transftrred <br />by Borrower without Lender's prior written consent, excluding (ai the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the croation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descettt or by operation of law upon the death of a joint tenant or {d) the grant of any leasehold interat of three years or less <br />not torttaitting an option to purchase, Lettder may, at Lenders option, declare all the sums secured by this Mortgage to be <br />immediately dry and pay,b7t, (ruder shall have :+aived such option to accelrate if, ptdvr to the sale or transfer. Lender <br />and the patacnt to whom rIx Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that tbe interest payable on the sums secured by this Mortgage shalt be at such rate as Leader <br />shag regtrest_ tf Larder has waived ttx option to accelerate provided in this paragraph 17, and if Borrowers successor in <br />interest has executtd a written assumption agrcemeot accepted in writing by Lender, Lender shall release Borrower from all <br />obligations utxdcr this Mortgage arxl the Note. <br />If Lender extrcisa sttch option to aseleraze, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph id hereof. S~mh notice stsall provide a period of not less than 30 days from the date the notice is mailed within <br />which Horrowu 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 />Non-Uxrt~tst Cot~wettrs. Borrower and Lender further covenant and agrce as follows: <br />18. AcedcraNoa; RetaetYee. i5sc~ m pros3ded ~ ptrragrapb 17 bertof, upow Eorrower's breath of soy cnreaant or <br />agraoeat of Borrower is uric Mertgdrge, iacladieg the covcaaatr. to ~y rotate doe nay strt~ soured by chic Mortgsge, <br />Leader paifx ~ aeodarallen aial rasa taotlte h Borrower ~ provided its parttgnpb id Ix+~eof speaifying: (1) the breach; <br />(3) tie trrfisa tege3tsd to tats acct 6teacb; (3) a dtar, cwt tes thou 38 days from the data the aoNce k mailed to Borrower. <br />i7 wild salt ieesrei aartt ba awed; aad td) t6N faYare to tore sorb 6reacb oa or before the date ~ecified in the rrolke <br />rata reaatl is aoesiaafioa of fie rtt®s eecared by ~t MiorKag4 forstlosms by jodkial proceeding and sale of the Property. <br />';rte aaNee ~Y Ittsfier iatartd Bartawer apt tic rit6f h zsimtate after acni[satioa and tie div w acseR is lie torexiotmn <br />Ilre tsea:edttYmee at a default ar ary o16er 8eteass of Bwrowm to acceleration and toretfoaare. H tie breach <br />h rcN eared as ~ iefore Bra doh M the aetke, Leader a! I,cttdv's optba tray dtxlus afl of the Hums secured by <br />fides a ie bwe~a4t~T doe a~ >m7~ wi<iaN tttWber tke<+~d and gray foreclose by jadkbtl proceeding. Lender <br />telvtH Iw s is aaieN ba ndr pry ~ ettpeaees d tarntlosusr, iaclndbog. bat tm! Simied t0. toffs of docomeatary <br />tnMa~. ~lrttaete nd title tsposls. <br />14. Itsssa+re~a ~ to Itsiaatats. Notwithatandirtg Letder's acceleration of tbe sums secured by this Mortgage. <br />~atd lv~ +t P. rh ~n ~sy# g~.y ~in¢s ttC¢un by l-ender to enforce this Mortgage discontinutd at any time <br />