Laserfiche WebLink
w <br />~{)-~3 Ci `~ ~ <br />Letder's written agreement ar applicabie law. Borrower shah pay the amoum of ail mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant zo this paragraph 7. with interest thereon. shall became additiorai <br />indebtedness of Borrower secured by Yhis Mortgage. Unless Borower and Lender agree to other terrtts ofi payment, such <br />amounts shalt be payable upon notice from Lender to Borrower requesting payment thereof, and shalt bear interest from tine <br />date of disbursement at the me payabx from time to time on outstanding principal under the Note unless payment of <br />interesE at such rate would he comrary to applicable law, in which evrnt such amounts shat! bear interest at the highest rate <br />psrmissfble under applicabie law. Nothing contained in this paragraph 7 shalt require Lender to incur any expense or take <br />aay action hereunder. <br />S. dnspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shat! give Borrower noticz prior to any such inspection specifying reasonable cause therefor related to Lenders <br />interest in the Property. <br />9. Condemmtion. The proceeds of any award or claim for damages, direct or consequential. in connection with any <br />condemnatio.^. or arbor taking of the Property, or part thereof. or for conveyance in lieu of candemna[ion, 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 zo 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 agru 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 sums secured by this Mortgage immediately prior to the date of <br />!along bears to the fair mazket value of the Propem• immediately pror to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages. Borrower faits to respond to Lender within 30 days afar the date such notice is <br />mailed, Lender is authorized to collect and apo{y the proceeds. at Lender's option, either to restoration or mpair of the <br />Property or to the sums secured b+~ Ibis Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />or postpone the due date of [he monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender !o any 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 shalt not 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 by the original Borrower and Borrower's successors in interest. <br />11. Forhrarance by Lender 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 remed}•. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shalt net be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />52. Rs. ~:~ CumuiatEve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded 6y law or equity. and may be exercised concurrently, independently or successively. <br />i3. Successors and Assigns Bound; Joint and Several i.iabiBty; Captions. The covenar.!s and agreements herein <br />contained shall bind, and the rights hereunder shall inure [o, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and aereemrnts of Borrower shall be joint and several. <br />T'he captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or dESne the provisions hereof. <br />14. Notice. Except far any notice inquired under applicable law to be given in another manner. (a) arty 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 or at such other address as Borrower may designate by notice to Linder as provided herein, and <br />fb) any notice m Lender shah be given by certified mail. return receipt requested. to Lender's address stated herein nr to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />ivia;,gage shall ik deemed to h e been giver, to Borrower ar i_ender when giver, in the manner designated herein. <br />t5. Uniform Mortgage; Governing Iaw; Severability. 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 6e governed h}' the law of the jurisdiction in which the Property is located. in the <br />event that any provision or clause of this ?dortgage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after retardation hereof. <br />27. Transfer of the Property; Assumption. If 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 (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, fb) the creation of a purebase money security interest for household appliances, fc) a transfer by devise, <br />descent or by operation of law upon the dea!h 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 sec~~red by this Mortgage to be <br />immediately due and payable. Lender shall !rave 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 transferred reach agreement in writing that the credit of such peaon <br />is satisfactory [o Lender and Shat the interest payable on the sums secured by this Sfortgage shall be at such rats as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted ;in writing 6y Lender, Lender shall release Borrower from ati <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph IC hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. if Borrower faits to pay such sums prior to the expiration aE such period, <br />Lender may, wlthouk fittthet notice or demand nn Harrower, invoke any remedies permitted by paragraph IS hereof. <br />Nor•UtrtFOatvt CoveNeNTs. borrower and Lender further covenant and ogre;; as follows: <br />16. Acceleration; Remedles. Except as provided in paragraph i7 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Lettdte price to sccaterateon shag mail rrotice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />12) the asttoo reaaired to sure such breaskt: (3i a date. trot less than JO davs from the date the notice is mailed to Borrower, <br />by which sash breach most br carrel; and (4) that failure to cure such breach on or before the date specifted in the rwtice <br />may result in acceleration of the sums secured by this Mortgage, foreelosure by judicial proeeedittg and sale of the Property. <br />The notice shall further inform Borrower of the right to reinstate aNer acce{oration and the right to assert in the foreclosure <br />proceeding rite trotr-existence of a default or any other defense of Borrower to acceleration and foreclosure. If fhe breach <br />fs net eur,:d an or before the date specibed in the mtticr, lxndee at Lender's option may dertere all of the sums secured by <br />tole Mortgage to be immediately dolt and payable without further demand and may foreclose by jodkial procceding. [.ender <br />shy! ba entiSied to collect 3n sosb praseedittg all expenses of foreclosure, tneludfng, but not limited to, costs of documentary <br />evMleuce, ab~rasts and title reports. <br />14. 13terrower's Right !o Rair~late. Notwithstanding Caroler's acceterattrnt of the sums secured by this Mortgage, <br />iicrrawer shall have the rgfit to have any proceedings begun by i.::nder to en tares tilts tforgage discontinued at any trrtc <br />