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HomeMy WebLinkAbout1602 6. Insp~ctioa. l.ender may n~ake ~r cause to I~e wadc ~~ubonal~lc ~~ntrie~ upon aud inspections of the Prop- erty, provided that I.ender shall givo BorroHCr noti~~c ~~rior to An~ •ucl~ ins~~ection s~~ecifying reasoanble cause therefor related to Lender's interest in the Property. 8. Condemaatioa. The ptoceeds of nny award or clain~ for dau~ages, direct or consequential~ in conaection with any condemnation or other tsking ot the Pmperty, ar ~~art tl~ereot, or for conve~?ance in lieu of condemna- tion, are hereby Rssigned and shall be paid to I.ender. In the event of a total taking ot tl~e Property, the proccecie si~all I?c a~~plied to the aums secured by this Mort- gnge~ ~rith the excess, it any, ~~ai~i to Borrower. In tl~~ evcnt of n ~?artial taking of the Propcrty, unlesa Bore~o~ver and I.ender otherwise agree in ~vriting, there ehall I,e appliecl to the sums secured by this ~iortgage such propor- tion of the proceeds as is equal to that pmportion which tl~e amount of the sums secured by this Mortgage imma- ciistely prior to thc date of taking l~ears to thc tnir n~arket. value of tl~c Pmperty immediately prior to the date of taking, with the balance of the proceeds paid to Borroaer. If the Property is abandoned by Borrower or i[ ntter notice b~ i.ender to Borro~ver that the condeawor oSers . to make an award or settle ~ claim for clamages, Borrower fails to respond to Lender within 30 daya of the date of such notice, I,ender is authorised to collect s?t~d apply thc procceds ~tt I.ender's option either to restoration or repair of the Property or to the ~ums secured by t_his \iortgage. Unless I.ender und Borrower othernise sgree in w~iting, any suoh application of proceeds to principal shall not extend or ~wst}wne !he due datc of the monthly installuicnts reterred to in ~~aragraphs 1 and 2 hereof or chaage the amount of such installments. 10. Borro~aer Not 8~leasod. Extension of the time for ~~uyment or modification o[ amottiaation of the sums secuted by this Mortgage granted by I.ender to any successor in interest of Borrower shall not operate ta releaee, in any manner, t~he liability of the original Borrovrer and Borrower's successors in interest. I.ender shall not be requireci to commence procecdings against sucl~ successor or refuse to extend time for pavment or otherarise modify amortisation of t~he sums secured by this ~iortgage by reason ot any demand made by the original Borrower and Bormwer's successors in interest. 11. Farba~ance bp Leader Not a Waiv~r. Any forbearancc by Lender in exercising any right or remedy hereunder, or otherwise af~orded by applicable la~v, shall not bc n~vaiver of or preclude the exercise of any right or temedy hereunder. Thc procurement of insurance or the ~~ayment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secuced by this Mortgsge. 1Z. Remedies Gtimulative. All remedies provided in this ~iortgage are distinct and cumulative to any other right or remed~~ under this ~iortgage or aPfordeci by law or equity, and may be exercised concurrently. independ- ently or successively. 13. Successors cmd Aasigns Bound; loint ~d Several Liability: Captioas. The covenants and agreements _ herein contained shall bind, und the rights l~ereunder sl~all im~re to, the respective successors and assigns of I.ender and Borrower, subject to thc pmvisions of purug~Ytph 17 hcrcof. all covenants and agreements of Borrower ahall be joint and se~~eral. The captions and l~eadings of ti~e ~iurnRrapl~s of this \tortgage are for convenience only and are not to be used to interpret or define thc provisions hereof. ~ 14. Notice. Any notice to Borrower provided for in this ~lortgagc si~all be given by mailing sueh notice by certified ~uail nddr~cseci to Borro~ver at the Propert~ Addmss stateci belo«, except for any notice reqnired under ~~xrngraph 18 hereof to be given to Borrower in the manner prescrit>cYi I~y appiicable law. Any notice provided for in this \iortgage shall be deemeri to hare been given to Borro~ er wl~en given in the manner designated herein. 15. Uniform Mortgage; Governiag Iaw; Severability. This forn~ of mortgage combines uniform covensnt$ for national use and non-uniform covenants witl~ limited ~•ariations by jurisdiction to constitute a uniform secu- rity instrnment covering resl property. This '_liortgage shall bc governed by the law of the jurisdiction in which ~ the Property is located. In the event that any ~~rovi~ion or ciause ot this ~Iortgage or the Note con8icts with applicable law, such con8ect shall not affect other provisions of this ~Zo~tgage or the Note whieh can be given effect without the conflicting provision, and to t.his end the ~~rorisions of t.he \iortgage and the Note are declared to be severable. 16. Borrowei s Copy. Borro~ver si~all be furnisl~ed a conforn~ed co~~y of this ~~tortgage at the time of execu- tion or after recordation liereof. 17. Tramsfer of the Properiy; Assumption. If :tll or am• ~~art of the Property or an interest therein is sold or transfen~ed by Borrower without I,encier's ~~rior ~vritten consent, excluding (a) tlie creation of a lien or eneum- brance sulwrdinate to this liortgage, (bl the creation of a ~~urcl~a.se ~noney securit} interest for household appli- ~ ~inces, (c) a transfer b~ devise, descent or i~~ oi~crniiou of la~~• u~~on thc death of a joint tenant or (d) the grant of i any leasehold interest of thtec ycars or le~c not containing an option to purchase, I.ender may. at Lender's option, i deelare all the su~ns seeurecl 1,~ this 1Zortgage to be im~ueclitttel~ ~iiie snd t~ayable. T.ender shall have waived sueh i option to acceler.tte if, prior to the sale or transfer. I.ender ~ud the ~~erson to whom the Property is to be sold or E transferred reach agreement in ~vriting tl~at the creclit of sucl~ ~ierson is sutisfactory to Lender and that the interest• I payable on the siuns secured by tl~is ~Iortgagc sliall 1?e :it sucii i~ate as T,ender shail request. If Lender hae wsived ~ the option fo accelerute provideci in this paragrspl~ l7 and if Borro~~•er's successor in interest: has executed a writ- ! ten assutuption agteement. accepteci in ~vriting by T.ender, I.endcr sl~all release Borrower from all dbligations under ~ tl~as l~foctgage snd the Note_ ~ If t.ender exerciEes such option to acceleratc, I.ender shall ~uail Borrower notice of acceleration in aceordanee ~ witl~ paragraph~l4 hereof. Such notice shall pro~-ide a periai of not less tl~an 30 days from the dste the notice is mailed nithin which Borrower ma~~ ~~ay the sums declareci duc. If Borrower fails to pay such sums prior to the ~ expiration of such j~eriod, T.endcr may, n'ithout. further notice or ~lemand on Borrower, invoke any remedies per- mitted~ hy paragraph 18 hereof. j \ox-t!:~IFOfi11t COVENAI~T~. Kori•ow•ci• xnd Lend~~r fu~~tl~er co~~nant and agree as follows: i 18. Acceleration; Remedies. Exce~~t as ~?ro~•idc~cl in ~iaragraph 17 hercof, u~~on Borrower's breach of any ~ co~•enant or agreement of RorroHCr in thi. ~Iortg:?ge, includin~ the co~•enant~ to pav w•hen due any sums secured ~ by this ~Iortgage, Lender ~~rior to ucceteration shall mail notice to Borrower s~ provided in paragraph 14 hereof speci(ying: (1) the breach; (2) the :~ction required to cum sucl~ breacl~; i3) a date, not Ic~ than thirty days from ; the clate the notice is m:iilecl to Borro~~er, l?y whicl~ sucl~ bmach ~nust be curc~l; and (4) that failum to cure such i breach on or l~efore the ciatc s~iecific~l in the noticc n~ay resu)t ir~ acceleration of the sums secured by this Mortgage ~ and sale of the Yroperty. If the breach is not curect on or I~efore the"date ~pecifieci in the ~otice, Lender at Lender's option iuay decl.+re all of thc swns ~ecurc~ by thie ~iortgagc to bc in~n~ediately due and payable without futther ~ demand and may foreclose this Jtortgag~ by judicial proceecling. I.cnder sl~all be entitled to collect in such proceed- ~ ing ail exj~enses of foreclosure, inclucling, but not liu~itc~1 to, reasonablc attorney's fees, and costs of dceumentary evidence, abstracts and title reports. E ~ soa~ ~~5 FA~E15~8 ~ ~ ~ ~ ~ z„ _ - - - - - - - - - ' 'y 'x' s r - - ~'~,.a . "ru:` .2 ~ `"f!.ri - - - ~ - . _ _ '.~~~'~yv"~1' _ . . _ . _