Laserfiche WebLink
79- Ut,-~966 <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 7 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 an3 Lender agree to outer 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 dvsbursement 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 shall bear interest at the highest rate <br />peemissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. isspeetlon. 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 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 Lander. <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, 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 Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Properq• immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />Lf 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 faits to respond to Lender within 30 da-_•s 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 othetw•ise 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 and 2 hereof or change the amount of <br />such installments. <br />I0. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />hp rhis Mortgage granted by Lender to any successor in interest of Borrower shat( not operate to release, in anp 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 />1t. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt not be e waiver of or preclude [he exercise of any such right or remedy. <br />The ptxuremenE 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 taaturity of the indebtedness secured by this Mortgage. <br />12. ReaeeeGes Ctrmelstive. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded try law or equity. and may be exercised concurrently, independently or successively. <br />l3. Sacctssors and Assigns Bound; joint and Several L.iabilityp Captions. The covenants and agreements herein <br />contained shall hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borcower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall tx 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 ar define the provisions fiereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, rat any notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at <br />the Fropetty 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 6e given by certified mail, return receipt requested, to Lenders address stated herein or to <br />such other address as Leader 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 Yaw; SevenbeTity. This form of mortgage combines uniform covenants for national <br />use and non-uniform co~•cnants with limited variations by jurisdiction to constitute a uniform security- instrument covering <br />coat property. Thi<_ 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 [his Mortgage or the Nete conflicts with applicable law, such conflict shall not affect <br />other provisions of [his Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end the 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 etcecution or after recordation hereof. <br />19. Teass#er of the Property; Assamption. If all or any part of the Property or an interest therein is sold or transferred <br />6y Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money sewrit}' interest for household appliances, (d a transfer by devise, <br />descent or by operation of law upon the death of a join: tenant or fdt 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 ail the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option in 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 person <br />is satisfactory to Lander and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request, if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's suceesor in <br />ia[erest 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 acce{oration 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 Borcower fails to pay such sums prior to the expiration of such period. <br />Linder tray, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 7 g hereof. <br />Mort-LINIFO1lM Crnera%xTS. Borrower and Lender further covenant and aeree as follows: <br />-18. AcederaBoe;~Remedies- Fsttpi ~ provided'm paragrapA t7 hereof, upon Borrower's breach of any covenant or <br />agrt,~est of &rrras-ef ~ ~.Morigs~e, :artading the roveaaats to pay wtsen doe any Barns secured by this Mortgage, <br />Leader prier to aceekraNon tdmB mad entice to Borrower as provided in paragraph l4 hereof specifying: (l) the breach: <br />(Z) Hie ardan atq to rote each beEarb: (3) a dtttc: not less than 31i days Erom the date the reprice is mailed to Borrower, <br />by wiic6 axb breads coast be rnred; sad (4) that Eailterc to cure sorb breach on or before the date specified in the entire <br />~ risaB 6t scedaradps of the sums secured by th6s Mortgage, fortck~etre by judicial proceeding and sale Of the Penperty. <br />Tl~ aotke > lasN~er YeNesm Bverrawer of the right to rcieestatc after areeieration and the right to assert in the foreclosure <br />ptucee$fag the onpta6teaee ~ a defatdt at arty other defame of Borrower to mcceleration and forecl~vrc. if the breach <br />iS~net rated-on of bdnte Nte date sptxv6ed b the notice, Leetder a! Lender's option may declare all of the seem secured by <br />~a MortpgeTQ behntatedi~cly doe and payable wifhotrt farther demand sad taay foreclose by judicial proceeding. Lender <br />sbvf be t to collect iu such proreedlrg tdl ettpesses of forcclosare. iaclttdhtg, bat-not limited to, costs of documentary <br />evidrstee, a6thncls and title repwtls.. <br />19, Borrowers R)ght to Reherdate. Notwithstanding Lrnder's acceleration of the sums secured by this Mortgage, <br />Borrower shalt have theright to have any proceedings begun by tender to enforce this Mortgage discontinued at any time <br />