Laserfiche WebLink
Lender's written agreement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 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 other terms of payment, such <br />.--i 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 />_ permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />_.. any action hereunder. <br />} g. EnspecHon. Lender may make or cause to be made reasonable entries upon and inspections aF the Property, provided <br />~ that Lender shall give Bottower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />Cg') interest in the Property. <br />i`~ 9. Condemnatbn. 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 gaid 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 to Borrower. Tn the event of a partial taking of [he 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 Propeny 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 />ensiled, 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 post<ane the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change 4he 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 a~,ete to Glcase, 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. Forbeacmce by Leader Nat 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. 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. Succsmors and Assiges Bound; Joint and Several irabiBty; Captious. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. AU covenants and agreements of Borrower shall be joint and several. <br />'tire 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. Notke. 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 ar a[ 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 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 deetned to have bcen given to Borrower or Lender when given in the manner designated herein. <br />I5. Uelform Mortgage; Goveruiag Law; Severab8ity. This form of mortgage combines uniform covenants for national <br />rue and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />rest property. 'This Mongage 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 pmvisiana of this 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 severahk. <br />16. Bornrwer's Copy. Borrower shall be furnished a conformed copy of the Note and of [his Mortgage at the time <br />of execution or after recordation hereof. <br />17. Raeder of ffie Peopaty; Assomptioa. 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 />descdrt or by operation of law upon the death of a joint tenant or (dt the grant of any leasehold interest of three years or less <br />rent 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 aocelcrate if, prior to the sak or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing tbai the credit of such person <br />rs satiafactary to Lender and chat the interest gayable on the sums st~ured 6y this Mortgage shelf be at such rate as Lender <br />shag tegttest. if Lender has waived the ogtion to accelerate provided in this garagraph i7, and if Borrower's successor in <br />intueat has executed a written assumption agreetrrcnt accepted in writing by Lender, Lender shall relcase Borrower from all <br />obligations under this Mortgage and ilre Note. <br />If L.eorkr exercises such option to accelerate, Lender shall mail Borrower mice of acceleration in accordance with <br />paragraph SA hereof. Such notice shah provide a period of not leas than 30 days from the dote the rrotice is mailed within <br />which Borrower may pay the sums declared duo. If Borrower fails ro pay arch sums prior to the expiration of such period, <br />- Lender may, without further notice or demand on Borrower, invoke any renxdies permiued bg• paragraph I S hereof. <br />Nox-Uxtronm CttvErtaNts. tinrrower and Lender further covenant and agree as folbws: <br />lfl. ACeeileratbe; Retsedks. $cept as pruvilad i• pxagrePh 17 hereof, apex Borrower's breach of nay rnveeartt or <br />. ~ Borrower bt tlrk Mortgage, bsclodleg the coveasafs to py wheo doe any som ttceted by this MoAgage, <br />L~ prier to ueeldratlen ~ mat notice to Borrowu m provided is psragrap6 14 lereaf spxifyieg: (1) the brescb; <br />(2) the aetioa tegsdaed to tare secb beetteh; (3) a dde, not teas rhea JO days from the dens the entice is mtrded to Borrower, <br />by wlteh tmeb breach ssaat 6e c~ and {4) ttsat hBrtse to ours sacb brearb on or blare ebe date speciRed in the notice <br />euy sesdt ~ acceleratloe of the straw seeared by this Mot~age. forsclowre by jadEcid Prneeed;etg sad ssk e[ the Property. <br />1lretaoBce tdtaB [mther Idtass Borrower of the rRftt m reiaatate after accckralba sad t9e right to amen 6t the fereclosore <br />proeee~eB ~e tran-eslHence ~ a dcfa~ er sap other defense of 14errower to artcalaatiaa asd fotsdosare. U the breach <br />Is not eared oa or before ~ date specRed is !&e aotke, Lender N Lender's option may dectsrt sB of the steoffi scoured by <br />this Mtri~ge to be duo aed payattis witltoat tariber demand and tray foreclose by jodkid ptoceetBeg. Lender <br />sbteB 6e etrtt9ed ~ rnBect ~ each proceedieg aB ettpeoees of foredosore. hrelulfio<, but not lirahed t0. costa o[ 8ocontentsry <br />e~ideasee, abttntets sell tltle repasts. <br />19. Btttrew~s Right to Re6 NotwP.hstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shsl) have the tight to have any proceedings begun by Lender to enforce this Mongage discontinued at any time <br />