Laserfiche WebLink
~~; a <br />Lender's written agreement or appficabh: la^:•. T3o~rt°ower shall pay the amount of all mortgage insurance premiums in the <br />manner r.~favided under paragraph 2 ftereof. <br />Any amounts disls:;rsed by Lender irursuant to this paragraph 7, witfa interest thereon. sliaJf became additicunal' <br />indebtedness of Borrower secured ov this Mortgage. Unless Borrower and Lender agree to other terms of pa}•t.,ert, such <br />amattnts shall be payable ttpan 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 wcuid 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 />R. Inspee8on. Lender may make ar cause to be made reasonable entries upon and inspections of the Property, provided <br />[hat Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />J. Condemnation. The proceeds of any award or claim for damages, direct ar consequential, in connection with any <br />condemnation or ether 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 even! of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Mortgage, <br />with the excess, if any, paid to Borrower In the event of a partial takine of the Property, unless Borrower and Lender <br />athenvise agree in writing, there shall be applied to the sums secured by this Mortgage such propor:ion of the proceeds <br />as is equal to that proportion which the amount of the sums se^.ured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately priar to the date of taking, with the balance %if the proceeds <br />paid [n Borrower. <br />If the Property is ahandored by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award ar settle a claim far damages, Borrower faik 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 Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of Yhc monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Nat Released. F,xtension 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 n ease. 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 ar refuse to extend time far payment ar 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. iw'orbearaace by bender l0at 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 ar 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. Alf remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law nr equity, and may be exercised concurrently, independently or successively, <br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. 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. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are far convenience only and are not to he used to <br />interpret or define the provisions hereaf. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mongage shelf be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address ar at such other address as Borrawer may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shah be given by certified mail rettim receipt requested. to Lender's address stated herein or to <br />such other address as i ender ma}• designate Ciy notice to Borrower as provided herefn._ Any notice provided far in this <br />Mortgage shall be deemed to have been given lei P_orrnwer or Lender whcr, liven in the manner designated herein. <br />!5. IJnlform Mortgage; Governing I,aw; Severabilit}'. This form of mortgage combines uniform covenants far national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform serurit}• instrument covering <br />real property. This Rior[gage shalt be governed ti}' the I~aw of the jurisdic€ion in which the Fraperty is lac-sled. Tn the <br />event that env prevision ar cisnse of this Mertcage ar the Note canfiicts with anp!iehlr law sorb canilict sh all oat afft<it <br />either pravisians i t.~is :':Iorga~e ar the Nate which can be given effect without the conflicting provision, and to this <br />end one n ......... .f the Iv._. ant: .4 Note a Gdeclare -i be severable. <br />I~,~Bar-ewer's r .py.= unFrow.r .=.hafl be fe:rnished a Eel:farrtted ;:spy ~3; the ;ot~ and of this ~Torfgagr~ ai th¢ time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. Tf all or any part of the Property or an interest therein is said or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien ar encumbrance subordinate to <br />ehis Mortgage. (b) the creation of a purchase money security interest for household appliances, {c) a transfer by devise, <br />descent ur by operation of laiv upon the death of a joint tenant or (d) the gram of any leasehold interest of three years ar 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 acceler<ue if. priar to the sale or transfer. Lender <br />and the person to whom the Preiperty is to be sol,l or transferred reach agreement in writing that the credit of such Berson <br />i5 satisfactory tv C.endcr and that the interest payable on the sums secured by this Mortgage shall be at such rote as Lender <br />shall request. If I_end..r has waived the option to accelerate provided in this paragraph 17, and ii &irtawer c sucees~ ~r in <br />interest has executed a written assumption agreement accepted in writing by LendeG i.ender shall release Borrawer from all <br />ab}igatians under this Mortgage and the Nate. <br />If Lender exercises such c+ptaen to aece!erate, [.:rider shall mail Borrower notice of ai,eeleration in accordance with <br />paragraph f4 hereaf. Such notice shall provide a period of not less than 30 da}:s from the data [he notice is mailed within <br />which Bmmwer may pay the sums declared due. If Borrower fails to pay such cams prior to the expiration of such period, <br />Lender may, without Further notice or demand an Borrower, inval.e any remedies permitted by paragraph 1 R hereof. <br />Nnt-L)ytKoaM Cnv=r:~.v:';. Burenw¢; ;isid Lender furher ccsvenant and .tgrce as faifows: <br />1$. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borroweds breach of any cav¢naai or <br />agreement of Barrawer in this Mortgage, including the covenants to pay when due any sums secured 6y this 11lortgage, <br />Letrder prior to acceleration shall mat! notice to Borrower as provided in paragraph 14 hereaf specifying; {1) the breach; <br />(3) fire action required to tore such breach; (3) a date, trot less than 30 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in tits notice <br />may rtsuh let ae¢ateration of the sates secured by this Mortgagt, foreclosure by judicial proceeding and sate of the Property. <br />The notice shat! futiher inform Borrower o'. the right to rei~tate after accckratian and the right to assert in the foredostve <br />proeeediug the nomexlstence of a default or any other defense of Borrower to acceleration and forechrsure. R the breach <br />Is not cured on ar before the date specified in the trolice, Lemier at Ixttder's option may declare alt of the sums secured by <br />tb~ Afot*;age to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shall be entitled fa collect in such proceeding ail expenses of Foreclosure, including, but not limbed to, Croats of documentary <br />evidence, s~9t•acts and title reports. <br />iy. )saorrawet's Right to tiieittstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />