Laserfiche WebLink
<br />81--00070 <br />Lender's wriaen agreement or applicable law. Horrower shall pay the amaunt of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amotmis disbursed by Lender pursuant [a [his 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 payment. such <br />amrnmts shall be payable upon natice from [.ender to 6arrawer requt::[ing payment thereof. and shall hear interest from the <br />date of disbursement at the rate payable from time to time an outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shat) hear interest at the highest rate <br />permissible under applicable law. Nathing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make ar cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower natice priar to any such inspectian specifying reasonable cause therefor related to Lender's <br />interest in the ?roperty. <br />9. Condemnation. The proceeds of am' award or claim far damages, direct ar consequentiah in connection with any <br />condemnation or other taking of the Property. or pare thereat. or for rnnveyance 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 he 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 he applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportian which the amount of the sums secured h}' this Mortgage immediately priar 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 />1f [he Property is abandoned by Borrower. or if. after notice by Lender M Borrower that the condemnor offers to make <br />an award or settle a claim far damages, Barrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Lender is authosized to collect and apph~ the proceeds. at Lender's option. either to restoration or repair of the <br />Propern~ or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, am• such application of proceeds to principal shall not extend <br />or postpone the due date of the manthly installments referred to in paragraphs I and '_ hereof or :,hange [he amount of <br />such installments. <br />10. Borrower Not Released. Extznsion of the time for payment or mndificatian of amartization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower ehall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refuse is extend time for payment nr atherwise modify amartization of the sums <br />secured by this Martgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />ll. Forbearance by Lender Not a Waiver. Ant forbearance by Lender in exercising an}• right ar remedy hereunder. or <br />otherwise afforded by applicable {aw, shall not he 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 shalt no[ he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured h}' this Mnttgage. <br />12. Remedies Cumulative. All remedies pmcided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law nr equity. ;rod may he exercised cancurrently. independently or successively. <br />13. Successors and Assigns Baund:.Ioint and Several Liability: Capfions. The covenants and agreements herein <br />contained shall hind, 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 shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are net to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to he given in another manner. fa) any notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice h7 certified mail addressed to Borrawer at <br />the Property Address or a[ such other address as Barrower max' designate by notice to Lender as provided herein, and <br />(h) any notice to Lender shall be given by certified mail, renim receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice u, Barrower xs provided herein. :\rn' notice provided far in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />I5. Uniform Mortgage: Governing Gaw: Severabilify. This form of mortgage combines uniform cavenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to censtintte a uniform security instrument covering <br />real property. This Mortgage shall he governed by the law of the jurisdiction in which the Property is located. 1n the <br />event that any provision or clause of this Martgage or the Note conflicts with applicable taw, such conflict shall not affect <br />other provisions of this Mortgage ar the ,'Jute which cart be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the date are declared to he severable. <br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Vote and nF this Mortgage at the time <br />of execution or after retardation hereof. <br />17. Transfer of the Propet4y: Assumption. if all or any part of the Property nr an interest therein is Bald ar transferred <br />by Borrower without Lender's prior written consent, excluding rat the :. reatiun of a lien or encumbrance subordinate to <br />[his Mortgage, (b) the creation of :r purchase mangy security interest for household appliances, tc) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or rdr [he grant of any leax:hold interest of three years ur less <br />not containing an option ro purchase, lender may, :+t tender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall hate waived such option a+ accelerae if. prior ti. the sale or transfer, tender <br />and the person to whom the Prapertp~ is to he sold or transferred reach ;rgreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall he at such rate as Lender <br />shall reyucst. If Lender has waived the aption to aaelerate provided in this paragraph I7, and if Barrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from alt <br />obligations under this Mortgage and the Mote. <br />If Lender exercises such option to accelerate. Lender shall mail Barrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of nut less than 30 days from the date the notice is mailed within <br />which Borrawer may pay the sums declared due. It Borrawer fails io pay such wms prior tit the expiration of such period, <br />Lender may, without further natice or demand on Borrower, invoke any remedies permitred by paragraph IR }tereof. <br />NON-UNIFORM CoVt;NANT$. BorraweC :old LCndfr hulhef covenant and agree as fallaws: <br />18. AcceleraYron; Remedies. Except as provided in paragraph I7 hereof, upon Borrower's breach of any covenant or ItJI <br />~reement of Borrower in this 1lurtgage, including the covenants to pa} when due an. scans secured by this M1lortgage, <br />Leader prior to acceleration sbaB mail notice fo Borrower as proaided in paragraph ]4 hereof specifying: (ii the breach; <br />(2) the action required to cure such breach; (3I a date, nut less than 30 days from the date the notice is mailed to Borrower, <br />by which such breach must 6e cured; and (4) that failure to cure such breach on or before the date specified in the rrotice <br />raay resuN in acceleration of the suers secured by this iiortgage, foreclosure by judicial proceeding and sale of the Property. <br />Tho notice shag farther inform Borrower of the right to reinstate after acceleration and thr right to assert in the foreclosure <br />proceedirte the nod-exiUence of a default or any other defensr of Borrower to accelrrafion and foreclosure. Ff the breach <br />le nag cured on or before lbe date specified in the notice, Lender at Lender's opting ma} declare all of the sums secured by <br />this Mortgage to be imotediatdy due and payable without further demand and ma} forechxe by judicial proceeding. Lender <br />shaft bt talhled to coUeet in each proceeding all exprnses of forerlusure, including, but not limited to, costs of documentary <br />evidence, abstracts and titre reports. <br />14. ~iNrower'F R3(ltt to Reinstate. Notwithstanding L2 odor's a.yclcr auun of the nuns ;coded h}~ thrs Morigatie. <br />Bortuwor shall have the right to have :mv proceedings Ix:gun by !ender to enlurct thi-, Mortgage Jix.munued tit and time <br />