Laserfiche WebLink
8a-=~:6~~~~ <br />Leader's written agreement or applicable law. iiorower shaP. pay ?he atnoum of all mortgage insurance premiums in the <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 h,- this Mortgage. Unless Borrower and Lender agree to other terrns of payment, such <br />amounts shall be payable upon notice Gom Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payaF.le from time to time on outstanding principal under the Note unless payment of <br />interest at such rate wotaid be contrary to applicable law, in which event such amounts shall bear interest at the ltighesf rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require tender to incur any expenx or take <br />any action hereunder. <br />S. Irrspectien. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />[hat tender 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 dama¢es. direct or consequential, in connecfson with any <br />condemnation or other taking of the Propetty. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid [o Lender. <br />In the event of a total taking of the Propetty, the proceeds shall be applied to the sums secured by this Afortgage. <br />with the excess, if any. paid to Borrower. In the event of a partial taking of the Propem•, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured 6y this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured h}• this btortgage immediately 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 cf the proceeds <br />paid to Burrower. <br />If [he Property is -abandoned by Borrower, or if, after notice by Lender to Borrower that [he condemnor offers to make <br />an award or seine a claim for damages, Borrower fails 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 Lenders option, either to restoration or repair of the <br />Propetty or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwix agree in writing, any such app@catinn of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or mudificatian 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 liabilit}' of the original Borrower and Borrower's successors in interest I-ender shall 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 by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />91. Forbearance by Lender Not a Waiver. Any forbearance by Lender in csercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, <hall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the pay::rent of rases ar other liens or charges by Lender shall not be a waiver of Lender s <br />ri¢ht to accelerate the maturity of the indebtedness secured by this btortgage. <br />92. Remedies Cumulative. .411 remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may he exercised concurrentl}•, independently or successively. <br />23. Successors and Assigns Bound; saint and Several i.iability; Cap6oas. The covenants and agreements herein <br />con>.ained 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. .411 covenants and agreements of Borrower shall be iuint and several. <br />The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Native. Except Eor any notice required under applicable law to be given in another manner, (a) any notice to <br />Burrower provided [or in [his Mortgage shall be 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 />(bl any notice to Lender shall be 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 ro 8orrower as provided herein. Any notice provided for in this <br />Mortgage shah t,e deemed to have been given to Borrower or Lender when given in the manner designated h:.rein. <br />15. Uniform Mortgage; Governing Law; &everabilth~. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall he governed by the law of the jurisdiction in which the Propert}• is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, su fi rnnflict shall not affect <br />other provisions of this Mortgage nr the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Notc are declared to he severable. <br />ib. Borrowers Copy. Borrower shall he furnished a ronformed copy of the Note and of this Mortgage az the time <br />of execution or after mcordation hereof. <br />l9. Transfer of the Property; Assumption. 1f all or any part of the Property or an interest therein is sold or transferred <br />by Borrower witL•out Lender's prior written consent, excluding (a) the creation of alien or encumbrance subordinate to <br />this Mortgage. th) [he creation of a purchase money security interest hx household appliances, (G a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured h}' [his Mortgage to ba <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferrrd reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by Utis Mortgage shall he at such rate as Lender <br />shall rcyuest. If Lender has waived the option to accelerate provided in this paragraph t7, and if Borrowers successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Sorzower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelera[c, Lender shall moil Borrower notice of acceleration in accordance with <br />paragraph Id hereof. Such notice shall provide a period a( not less than 30 days from the dote the notice is mailed within <br />which Borrower may pay the sums declared due. If 6orzower fails ro pay such sums prior to the expiration of such period. <br />Lender may, without further notice or demand on Burrower, invoke any remedies permitted by paragraph tR hereof. <br />No!v-Utvtt:oeM CoverinNrs. Borrower and Lender further covenant and agree as follows: <br />1B. Acceleration; Remedies. Except as provided in paragraph I7 hereof, upon Borrowers breach of any coa•enant or <br />agreement of Borrower in this Mortgage. including the covenants to pay when dux any sums secured by this Mortgage. <br />Lender prior to acmteratvon shall mail notice to Borrower as provided in paragraph l3 hereof specifying: (1) the breach; <br />(2) the action required to cure such breach; {3) a date, not less than 30 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and (4y that failure to cure such breach on or before the date specified in the notice <br />may result In acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The noHca shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach <br />ix not cured on ar trefore fire date specified in the notice, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to ice immediately due and payable without further demand and may foreclox by judicial proceeding. Lender <br />sh.^'1 !n eaHL'ed to co!!ec! i.^. se_h prereeding aI! expensrs of foreclosure, including, but not limited to, costs of documentary <br />evidence, abstracts and tl!!e reports. <br />19. Borrower's Right to Reitrstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Bortnwer shall have the right to have any proceedings iregun by Lender a7 enforce this btortgage diswntinued ut an}• time <br />