Laserfiche WebLink
<br />Lender"s written aereement or applicable law. Borrower shall pay the amoont of all mortgage insurance prsmiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with. interesrt thereon, shall became additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower :tad Lenitler agree to other Corms of pa' meant, such <br />amounts snail he payable upon notice from Lender to Borrower requesting payment thereof. and shalt 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 law, in which event such amounts shall bear interest as the highest rate <br />pe:missibte under applicable law. Nothing contained in this paragraph 7 shalt require Lender to incur any expense or take <br />any action here!~nder. <br />;i. 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 />4. Condemnation. T,ne proceeds of any award or claim for damages, direct or consequentiah in connection with any <br />condemnation nr 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 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 Burns secured by this Mortgage immediately prior to the date of <br />4 taking tears m the fair market 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 i.<, abandoned by Borrower, or if, after notice by Lender to Aorrower that the condemnor offers to make <br />an award ar setNe a claim for damages. Borrower fails to respond zo Lender within 30 days after the date such notice is <br />mailed. Lsnder is authorized to collect and apply the proceeds. at Tender's option, either to restoration or repair of the <br />Property nr to the sums secured by this Mortgage. <br />Linters Lender and Aorrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />nr postpone the due date of [he monthly installments referred to in paragraphs 1 and ?hereof or change the amount of <br />such installments. <br />id. Borrower Not Released. Extension of the time for payment nr modification of amortization of the Burns secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall oat operate to release. in any manner. <br />the liability of the original Borrower and Borrower'; successors in interest. Lender shalt not be required to commence <br />proceedings against such successor or refuse to extend time for payment nr otherwise modify amortization of the sums <br />secured by this Mortgage by ream^ of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Fnrbearanse by L ender Not a Waie•~r, .An_s~ forbcaran~rv b: Lensier in €xercising any right or remedy hereunder, or <br />ntheru•ise afforded by applicable law, shall not tx a waiver of nr preclude the exercise of am' such right or remedy. <br />The procurement of insurance or the payment of saxes nr other liens or charges by Lender shnli not be a waiver of Lender's <br />right m accelerate the maturity of the indebrednecs cccured by thin hlnrtgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage am dist,nct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and may t+c cacrcised concurrently, independently or successively. <br />I3. Successors and Assigns Bound: Joint and Several J.iabiiity: CapBons. The covenants and agreements herein <br />contained shah hind, and the rights hereunder shalt inure to, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph t' hereof. Att covenants and agreements of $nrrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and arc not an he used to <br />interpret or define the arovisions hereof. <br />14. Notice. Except for any notice required under applicable taw to be given in another manner, ta) any notice to <br />Borrower provided for in this Mortgage shall t+e given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and <br />fin) any notice to Lender shall he given by certited malt, return receipt requested, to Lender's address stated herein nr to <br />such other address as Lender may designate t,y notice m Borrower as provided herein. Any notice provided for in this <br />Mc+rtgage shah i+e deemed to have been given to Borrower or Lender when given in the manner designated boccie,. <br />I3. iJniform 'i$ortgaQe; vu+erring Law: SeverabBity. This form of mort+;a~e combines uniform envenants for natinnat <br />use and nor.-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real ptoeerq. This Mortgage shall tx governed by the law of the jurisdiction in which [he Property is located. In the <br />event that any nrevi5inn er clause of this MMort,age nr the Note conflicts with applicable law, such conflict shalt net affect <br />ether °- _;` 't°:. 's.,::..;::- c+r tl*z ":ate which can be *ivzn ztdzct ;vitltntrt thz conflicting envision. anon. t.? this <br />end the provisions of the ortgage and the Note arc declared to he severable. <br />ie. >gomrv<er`s l'opy, itnrrower shall be furnished a conformed copy of the Notc and of this Mnttgage at the titrte <br />e~f execution ,~r after recordation hereof. <br />17, 't'ransfer of the Property; Assumption. If all or any par[ of the Property or an interest therein is sold nr transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien nr encumbrance subordinate to <br />this Mortgage. (hi the creation of a purchase money security interest for household appli:mces, (c) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or (fir the grant of any leasehold interest of three years or Icss <br />not containing an nation a+ purchase. Lender may, ut Lender's option, declare all the sums secured by this ivlorteage ro he <br />immediatey due and payahk. Lender shall have waived such nptiim to accelerate if, prior to the ,ale or transfer, Lender <br />and the per.or. to ufiom the Property is to be sold or transferred reach agreement in writing that the credit of wch pzrson <br />is satisfactory to Lender and that the interest payable nn the Bunn secured hs this Mortgage shall bc: at such rate :+~ Leader <br />shall request. !f I ender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest ha, executed :: written assumption agreement accepted in urititeg by Lender. I.eti aer shall release Borrower front al! <br />oblig:uions under this Mnngage and the Nnte. <br />It lender exercises such option to accelerate. Lender ,hall mail Borrower notice of acceleration in ac+mrdanec with <br />paragraph tit hereof. Such notice shall provide a period of not Tess than 3l? fines from the d:ue the notice is matted bvithin <br />which Bornwer may pay the sums declared due, If &xroucr fails to pan sueh sums prior to the expiration of each {xrind. <br />(.under may, without fltrther notice nr demand nn Borrower, invoke any remedies pernutted by paragrapfi 1R hereof. <br />Nuts-Uwt oast CowtvnN rs. $nrrower and !.ender further envenom and agree as follows: <br />I8. Acceleration; Remedies. 13xcept ns provided in paragraph 17 hereof, upon Borrower's breach oI any covenant or <br />agreement of Borrower in the; Rtortgage, inzludittg the eorznanis fo pay when due any sums secured by this Atorigage, <br />Lender prior to acceleration shad mail notice to Borrower as provided in paragraph 14 hereof specifying: (I) the breach: <br />f2) the action required to cure such breach; i3) a dale, not less than 3(i days from the date the notice is mailed to Borrower. <br />by which such breach must be cured; and td) that failure to cure such breach on ur heiore the date specified in the notice <br />may result in acceleration of the sums secured by this Mortgage, foreclosure by jud[clal proceeding and sale of the Property. <br />Tate notice shalt further inform Borrower of the right to reinstate after acceleration and the fight [o assert in the foreclosure <br />proceeding the non-existence of a default o: any other defense of Borrower to acceleration and foreclosure. if the breach <br />is not cored on or before the date specified in the notice, !.ender at Lender's option. »ray declare alt of the Batas secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />snail be entitled to collect in sueh proceeding al! expenses of foreclosure, including, but not limited to, costs of documentary <br />evidence, abstracts and title reports. <br />1§. Borrowers Right to Reirtstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shah have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />