Laserfiche WebLink
i9fi .~.,+ <br />Lender's written agreement ar applicable lafw. Barrower sball pay the amO„ynt al' <t1V mortgage insur:mct premixiFms in t;he <br />manner provided under paragraph 2 hereof. <br />Any amounts dialat.trred by Lender pursuant to this paragraph 7, vrith interest therECn. shall tsecome additional <br />indelr;edness of Horrnwer secured by this 7.fortgagc. Unless Barrower and Lender agree to other terms of payment. such <br />amounts shall be payable open natice from Lender to Borrower requesune payment thereof. and shall bear inte-esY from the <br />date of disbursement at the rate payable fmm time to time on ontstandirg principal under khe Note unless payment of <br />interest at such rate would be conkrary to applicable law. in which event such amounts sha8 bear interest at the highest rats <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any sciior, hereunder. <br />8. Inspecfion. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />- that Lender shall give Borrower notice prior to any such inspection specifying reasonaiste cause therefor related [n Lender's <br />interest in the Properly. <br />s 9, Candemnatton. The proceeds c' any award or claim for damages. direct or cansequentiai, in counection with any <br />condemnation nr other taking of the Property, or part thereof. nr far conveyance in lieu of condemnatian, are hereby assigned <br />d',a,)' and shall be paid to Lxndsr. <br />°'{,i;°~ In the evens of a total taking of the Property. the proceeds shall be applied to the sums secured 6y this Mortgage. <br />~• -J with the esccss. if any, paid to Barrower. In the event of a partial taking of the Properly. unless Borrower and Lender <br />`fi'r 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 [hat propartion which the amount of the sums secured h}' this hortgage immediately prior to the date of <br />taking hears to the fai.* market value Of the Property immediately prier to the date of taking, with the balance of the proceeds <br />v ~ paid to $orrower. <br />(~ If the Property is abandoned by Borrower. or if, after notice by Lender to Barrower that the condemnor offers to make <br />an award or settle a claim for damages. Barrower fails to respond to Lender within 30 days after the date such notice is <br />rnailed. 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 postpane the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amour:'. of <br />such installments. <br />it), 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 operate to release, in any manner, <br />the liability Of ire 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 otherw•isc modify amortization of the sums <br />,_, rid b;' :his !`anrtgage by reason of ary demand made by the original Barrower and Barrnwcr's ~~ccessnrs in interest. <br />~_ 11. Forbearance by bender Not 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 />i3. Remedies Ctrmoiatrve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under ibis Mortgage or afforded by law or equity, and may be exercised concurrently, indeperdtntty or successively. <br />13. Successors and Assigtts Bound; Joint and Several Liability; Captions. The covenants and agreements herein <br />contained shall hind, and the rights hereut•.der shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of pazagraph 17 hereof. Ali covenants and agreements of Borrower shall be 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 or define the provisions hereof. <br />14. Native. Except for an}' 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 at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(hi any notice to Lendee shall he given by certified mail, return receipt requested, to Lender's 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 tee deemed [a have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgrge: Governing i~w: Severahility. This farm of mortgage combines uniform covenants f,.r national <br />use and urn-unifOrrrt ce-venan!s with limited YSFlatfOnS by turisdiction to cat[stiiute a un=:form security instrument covering <br />real property. This Mortgage strati kx governed by the law of the jurisdiction in which the Prcrrerty is la:ated. In the <br />Even[ illtii ant' provision or CiaiisE of ti"iis inorfgage i!r ti5c Note eonfliet3 with appl"seable law, s`Ueh cOnflicf shall nOf of-feet <br />.. Other nrnvicinng of this binrtgan_ _r fhE_ Note which a _„ l±e oven Cifrcr .viehnnt the confiictir:g provision, and ea eF.i.~ <br />end thrc provisions of the hto tgage and the Nate are declared to lie severable. <br />15. Borrasvcr's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution er after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrawer without Lender's prior written consent, exchfding (a) the creation of a lien or encumbrance subordinate to <br />this Martgage. (h) the creation of a purchase money security interest for household appliances, (c) a transfer 6y devise, <br />descent or by operation of law upon the death of a joint tenant or td) the gram of any leasehold interest of three years or Sess <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 shalt have waived such option ro accelerate if, prior to the sale or transfer. Lender <br />and the person m whom the Properly is to be said or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and the! the interest payable on the sums secured by this hfnrtgage shall be at such rate as Lender <br />shall request. if fender has waived the option to acceietafe provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by !_ender, 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 natice of acceleration in accordance with <br />paragraph 1J hereof. Such natice shall provide a period of not {rss than 30 clays from the date the no[ic-e is mailed within <br />which Borrower may hay the sums declared due. tf Borrox~er fails !a pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand an Horrnwer, invakc any remedies permitted by paragraph i 8 hereof. <br />Nov-U~:te[tasr CoveNnNrs. Borrower and [.ender further cifvenant and acres as follows: <br />l6. AcceYeratioo; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breacb of aov covenant or <br />agreement of Borrower in this Mortgage, inefuditt(Z the corenaafs to pav when due any sums serum! by tkis Most>lage, <br />Lender prior to acceleration shall mail natice to Borrower as provided in paragraph 14 hereof specifyfrtg: (1) thr btneh; <br />(2) the aetiou required to curt such breach; t3) a date, etoi less than 36 days from the date the notice is mailed to Borrower, <br />by which sorb breach roue! be cured; and (4} that faBnre to cnrc snob breach on or before the date specified in the nadct <br />may res[[[t ire asceleratioa a# the sums secured by this :1ortgage, foreclosure by judicia! praceeding and sak of the Property. <br />The notice shall fturther in#orm Borrower of the right fo reinstate a#ter acceleration and the right to assert in the fareclosttre <br />proeeedt»g the [ton-existence of a default oe any ether defeat:. of Borrower to accekration and foredosorca If thr breach <br />is not cured an or before the data specifier, is the notce, Leader at Lender's option may declare aft of the Sams secured by <br />ihB Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shall be entitled to collect in such proceeding ell expeaxs n[ foreclosure, inducting, bu! not limbed to, costs of documentary <br />evIdvuse, abstracts and tiS>r repotas. <br />1°. 'R.^r:ow¢e's ~ht to Rritat-..tr. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />BarrowEr shall have the right to have any proceedings beeun by Lender to enforce this Mortgage discontinued at any time <br />