Laserfiche WebLink
<br />Lender's wriuen agreertaenrt or applicable law. Borrr~war shall pay the amount of ail mortgage; insurance prem. iu:tns in rite <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 pa moot, such <br />amounts sball be payable upon notice from Lender to Borrower requesting payment thereof, and shah bear interest from the <br />date of disbursement at the me payable from time to time en outstanding principal under the Note unless payment of <br />interest ale such rate would be contrary to applicable law, in which event such amounts shalt bear interest at the highest rate <br />permissible under applicable taw. Nothing contained in this paragraph 7 shall require bender to incur any expense or take <br />any action hereunder. <br />g. Inspection. Tender may make or cause ro he made reasonable entries upon and inspections of the Property, provided <br />that Lender sfiall give Borrower notice prior to any such inspection specifying reasonable cause therefor related ro Lender's <br />interest in the Pro~rty. <br />9. Condemnation. The proceeds of any award er 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 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 shat proportion which the amount of the sums secured b7 this Mortgage immediateh• prior to the date of <br />to/ring bears to the fair market value of the Property immediatety pror ro the dale of taking, with the balance of the proceeds <br />paid m Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make <br />an award or settle a claim for damages, Borrower fails [o respond in Lender within 3o 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 io 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 installment:. <br />10. Borrmoer Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Under to any succesmr in interest of Borrower shall not operate to release. in any manner, <br />the liabilitt of the original Borrower and Borrowei s successors in interest. Lender shalt not he required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured :^. ,h;s Mengage by ^~asor. a ary demand made be the original Borrower and Borrowers successors in interest. <br />I1. I"nrbearance by Lender Not a tVaiver. 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 nr 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 Afortgage. <br />I2. Remedies Cumufatfve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be exercised concurrently, independently or successively. <br />~3. Stncessors and Assigns Bound; 'Ioinf and Several f,iabiBty; 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 snail be ;Dint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not m be used to <br />interpret or de$ne the provisions hereof. <br />14, Notice. Except for any notice required under applicable taw to be given in another manner. tai an}• notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed ro Borrower at <br />the Property Address or at such other address as Borrower map designate by notice t. Lender as provided herein, and <br />(h1 any notice to Fender shall he given t?y certified mail, return receipt requested. to Lender's address stated herein or to <br />such ether address as Lender ma}' designate t+v retire to Borrower as provided herein. Any notice provided e`er in this <br />Morigagz ,flail be deer>!ed to leave been given to Bornwrr or I_cnder when give=n in the manner desi_anated Ixrein. <br />i5. Uniform RfoetRai;e; Governing Law; Severabilih. This form of mortgage combines ztniform covenants for nations} <br />use and non-uniform covenants with limited variations by jursdictinn to constitute a uniform secunr instrument coveting <br />real propert}. This Mortgage shall be gc vetoed by the law of the iurisdicnan in which the Propzrty r I~ated_ 1n the <br />..:hat p€~:-isir:n .-= c'.at:se of this 4f<tt;gafe ar the N4.te 4nnt1sct, wait upphcohle law: s . contlic* snail n^t ztfect <br />other prov~su:ns of this Mortgage or the No[e which can be gi.~en effect without the conflicting provisiott, and to this <br />end the provisiarss of the Mortgage and the Note are declared m 1?e severable. <br />i~. i$urrower's Capv. Borrower shall $e furnished a eanfarmed espy of the Nate arm of this ,-si-v*Ftgaga ai the tii:tt <br />of exe.utian or after recordation hereof. <br />17. Transfer of the Property; Assumption. if all or any part of the Property ar an interest therein is sold or transfen'ed <br />by Borrower without Lender's prior written consent. excluding ial the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h) the creation of a purchase money security interest for household appliances, Icl a transfer 6y devise, <br />descent or by operation of law upon the death of a joint tenant or fell the grant of any Itasehotd interest of three years or less <br />not rnntaining an option to purchase, Lender may, at L.ender's option, declare all the sums secured h}' this Mortgage to be <br />immediately due sod payable. Lender shat! have waived such option to accelerate if, prior to the sale nr 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 satisfnctorp m Lender and that the interest payable on the sums secured by this Mortgage shall tx at such rate as Lender <br />shall rcyuest if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's suxessnr in <br />interest 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 />1f Lender exercises such option to accelerate, Lender shall alai! Borrower naticc of acceleration in accordance with <br />paragraph la hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower Wray pay the sums declared due. If Borrower fails to pay such runts prior M the expiration of such period, <br />Lander may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />NvN-1! :~tt:ont+t Cava ~;tt•:~'s. Boeratver and Ixrdee further covenant sad agrc-~: as fo!laws: <br />Ig. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of say covtuant or <br />agreement of Borrower In this Mortgage, including the covenants to pay when due any sums secured by this wlortgagr. <br />I.xadcr ptiiar to acceleration shall mail notice to Borrower us provided in paraRrapir IQ hereof specifyitg: fl) the breach; <br />(2) the aetian required to cure such breach; (3) a date, sot less than 30 days from !be date the notice ~ 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 the notice <br />may result in aceekratiau of the sums secured by this Mortgage, foreclosure by judicial proceedittg and sale of Ebc Property. <br />The notice sball further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclarure <br />proceeding the non-existence of a default or any arbor defense of Borrower to acceleration amt foreclosure. If the breach <br />is not cured on or before the date specified in the notice, LetMer at Lender's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Ixnder <br />shell be entitled to collect in such proceeding sit expenses of foreclosure, including, but not limited to, costs of documentary <br />evidence, abstracts amt title repoAS. <br />i9. Boerowcr's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall 'nave the rigfit ro have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />