Laserfiche WebLink
<br />Lender's written agreement or aopHcabte law. Borrower shall pay zhe amount of aA mortgage insurance premiums irz the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragrapfi 7. with interest thereon, shalt become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terns of payment, such <br />amounts shall be payable upon notice trom Lender to Borrower requesting paymert thereof, and shall bear interest from the <br />date of disbursement at the r<te payable from time to time an outstanding arircipai under the Note unless payment of <br />- - interest at such rate would be contran• to applicable law, in which event such amounts shalt 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 />- 8. 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 />- 9. Condemnation. 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 pan thereof, or for conveyance in Jicu of condemnation: are hereby assigned <br />and shall be paid to Lender. <br />In the event of a :oral 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 [he event of a partial taking of the Propert}S 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 fhe sums secured by this Aortgage immediateh•.prior to the date of <br />taking bears to 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 s abandoned by Borrower, or if, after notice h7 Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Borrower fails m 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, tither to restoration or repair of the <br />Property or to the sums secured h7 this Mortea ge. <br />Unless Lander and Borrower otherwise agree in writing. any such application of proceeds to principal shalt not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such ins;aliments. <br />20. Borrower Nat Released. Extension of the time far payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to env successor in interest of Borrower shall not operate to release. in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall oat 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 b}• the original Borrower and Borrower's successors in interest. <br />t t. Forbearance by Lender Nof a Waiver. Am• forbearance by Lender in exercising any right or remedy heretmder, or <br />otherwise afforded by applicable Jaw, shalt not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of razes or other liens or charges by Lender shall not be a waiver of Lender's <br />righ? to accelerate the maturin• of [he indebtedness secured 67 thin Aortgage. <br />12. Remedies Cumulative. All remedies provided in this Mottgage are distinct and cumulative to any other right or <br />remedy tinder this Aiortgage or afforded by Jaw ar equity. and may he czercistd concurrently. independentl}• or sucr_essiveh'. <br />t3. Sucecsson: and Assigns Bound; 3oint and Several Liability; Captions. -Rat tavenants and agreements herein <br />contained shall hind, and the rights hereunder shall inure ro, the respective successors and assigns of Tender and Borrower, <br />subject :o the previsions of paragraph 1 i hereof. All covenants and agreements of Borrower shall he mint and several. <br />Toe captions and headings of the paragraphs at this Afarigagr ore far convenience only and are oat :o t;e used to <br />irterprtt ar dtfint the p.*cvisions hereof. <br />I•f. Notice. Except for anV notice required under applicable law to he given in another manner, {a} any notict to <br />Borrower provided for in this R{ortgage shat) be given 6v mailing such notice by unified mat! addressed to Horrawer at <br />the r-operty ddress or - - ch her ~-ddrtss - Rorro:vtr may designate by otic t i ender as _ vided herein, and <br />{b) any notice to lxnder sha11~L>i givta by ccrtifitd mail, rtutrn receipt reeutsttd. to Lender'< addressrstatrd herein or to <br />such other addrezi as Lender may .;esi;<nate b}' exalter to Isarmxer as previdtd herein. ;toy notice provide' `or in this <br />Me_rtxage shall he deemed to have been niyen to Borrower or Lender when given in the manner designated herein. <br />f5. Liniforrrr ttiofigaE;e: Garcrning t.aw, Severahiiitt'. -Phis trxrm of mortgage eambints ur•iform covenants far .^.atianri <br />use and nan•uniform covenants with iimirtd variaiizs by tarisdi.-tion to cnnstrt~te a tsaifarnt se`-urity irst,-u,~tnt covering <br />real property. 'this Mortgage shall tae governed h}• the law of the jurisdiction in which the Propert}• is located. In the <br />event that any pnwision or clause n{ this Mortgage r~r the Note conflicts with applicable law, such conflict shall not affect <br />ether provisions of this Mottgage ar the Nate which can he ci•:en rtiect without the conflicting provisian, and to this <br />end the provisions of the Atortgagr sod the Note an declared ro he srversble. <br />16. Borrower's L'opy. Burrower shall he turmshed c. conformed copy oI the Note :md of this Dortgage at the time <br />of ezcaninn or after recordation hereof. <br />17. Transfer of the Property; As_cumption. it 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 tai the croatinn of a lien or encumbrance subordinate to <br />this Tiortgagr. {bi the caation of a purchase marry stturity interest for hrxuschold appliances, (c) a transfer h}' devise, <br />desecnt or t+y operation of law upon the death of a joint ten:mt or (di tfie gram of any leasehold interest of three years ar has <br />not containing an option to purchase, Linder may, at Lender's optian, drdaro all the sums tiecured by this Mortgage to lie <br />immediately due and payable. Lender shall have waived such optian to accelerate if, prior to the sale or trans[cr. Lander <br />and the person to whom the Property is [o he sold or transferred reach agreement in writing that Ehe credo of such person <br />i4 ;atis(actary to Lander and that the interest payable op the sums secured by this Aiongage shat) be ut sorb rate ns Lender <br />shall ..*ryves?. If Lender hay waived the option to accelerate pravidtd in this }*arasraph 17, and if Borrower's suca~ssur in <br />inttrtst has executed a written assumption agreement accepted in writing by Ltndtr. I.andtt shall rtltnst Borrower from alt <br />obligations under this hlongage and the Nott, <br />If Lender exereises such option to acctltratt, t_endar shall mail Borrower natice of acceleration in accordance with <br />Iniragraoh lA hereof. Such notict shall provide a period of not Icss than 3t) days Erom rite date the notict is mailed within <br />tivhieh Borrawer may pay the sums deUared dot. tf Borrewtr faux to pay such sums prior to tilt expiration of such period, <br />Lender may, :without Further notice er dtmand on Borrower, invoke any remedies ptrmittcd hp paragraph I & htreaf. <br />Nov-U :•troa`t (;ovev:ttvTS. Borrawer and Lender further covenant avd egret as follows: <br />18. Aceeltration; Rttrtedies. Ezcepl as provided in paragraph 17 hereof, upon Borrowers breach uE nny c+tvnnant ar <br />agreement of Borrower in this Mortgage, 6+cluding Ehe rovenants to par when due any sums stcurnd by this iliortga>:a, <br />Fader peter tq acctkerailop xhatl n+ai! trotter to Borrawer as prarided iq paragraph 1•t hereof specifying; (1) lien breach; <br />(2} thz action resiuirerl to curt such breach; (3} a date, not testy than tp days franc the ilatc the uatice is mailed to Bprro+.er, <br />by which such breach mast be cured; :+nd (S) that failure to cure such breach oa or 6nforn the date sprcitied in the natice <br />may resell in acceleration of the sums secured by this ;•tartgake, foreclosure 6y judicial pracetding and sate of the i'rapertv. <br />lfie natice shai9 turthtr infarnt Borrower of Ehe right to reinstate after oteeieratian and the r{Qht to error[ In the Eoreetaxurt <br />procendirt>; She non-existence of a defau#t or any other defnose at Borrawer to aeceltratioa and foreci<rsurc. t[ the breach <br />ig oar cured an or before flit dale specified in Ehe notice, Lender ai tsudtis option may dtciart aU u( tare Burps secured by <br />this Mortgage tq 6n immttdiatrty due and payahk without further demand and tnt{y forrchrsn by judenisat proceeding. tender <br />shalt Ire entitled to collect In such prannedit+& al{ expenses of foreclosure, including, bat not tirt+ited ta, oasis at docurtreniary <br />evidence, aBstracts and title reporu. <br />.~. ;_:.° -. °..:~:' o. Ry~,A.: Ee, No4wtthst?nding IentLr's Ecttleta4stt of the rums sc-cured by this '•iartgage <br />uo ,ower shall have. thx right to hR:t any prx~dings ht-goer 6y t lutist to cnt'orcc thts Morigaac cliscon(i~tucd at ~aou lima <br />