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HomeMy WebLinkAbout0730 ~ ~ 8. 1n~pectloa. Lender may make or cause to be made reawnable entrie~ upoa and iwpection~ otthe property. pwvided thet l.eader ~hall give Borrower notioe prior to any such inspection specifying reasonable cawe therefor ~elated to Lender's interest ia the Property. 9. Coadamnatioa.'ll~e prooeedi of any awsrd or claim for dama~es. dinct or conrequential. in conaection with any oondemnation or other teking of the pmperty. or part thereoi, or for conveyance in lieu of condemnetion. are hereby a~sigaed and ahaU be paid to Lendv. In the event of a total taking oi the Property. fhe proceeds shaU be applied b the ~ums ~ecured by thia Mortgage. with the e:oees, if enY. peid to Bore+ower. In the event of a partial tekin~ of the Propetty. unlees Bormwer and I.ender otherwise aQree in writin~. there shall be applied to the sums secund by thi~ Mortaage snch pmportion of the prc~ceed~ as u equal to that proportioa which the amount of the sunu secund by this Mortgage immediately prior to the date of taking Eeare to the fair market value of the Property iminediste~yr prior to the date of taking, with the balanoa of the pmceeda paid to Borrower. re.t ~ D......r.. e~...L...~.i 1... A..s....w~ ~s if ~A~r nnti~v hv i wnd~v fn Rnrrowetf t}lal lt1R OoOdEmIIOi OHlTS LO R19kQ 9I1 a1N8id Oi ~~Q a zz uai s avt_a'i c.:'~:'-_"`__' '____"____'a _'x _ - - . claim for damages. Borrower faile to respond to Lender within 30 days after the date euch aotioe is mailed, I.ender iu authorized to coUect and apply the pmceeds, at Lender s option, either to nsbratian or repair of tha property or to the sums secured by this Moirtgage. Unlesa Lender and Bosrower oW erwise agree in writine. anY such application of proceede to principal shall not r~tend or postpone the due date of the monthly installmenfa referred b in paragraphs 1 and 2 hereof or change the amount of such iastallments. 10. Borrower Not Released. F~tension of the time for paymant or modi5catioa oi amottization of the sums secured by this Mortgage granted by Lende~r Lo any auccesaor in interest oi Borrower ahaU not operate to nlease, in any manner. the liability of the original Borrower and Borrower e eucceseore in interest Lender shall not be required to aommence pra.~eedinge againat such succeeeor or refuae to e:tend time for payment or otherwiae modify amortization of the suma secured by this Mortgage by rnaeon of any demand made by the original Borrower and Borrower's aucceeeore in intereet. ' I1. Forbearanoe by Lender Not a R?aiver. My forbearanee by I.ender in ~ercising aay right or remedy hereunder, or oWerwise afforded by applicable law. shali not be a waiver of or preclude the ezerciee of any such right or remedy. The procuranent of ineurance or the payment of tazea or other liens or charges by I.ender ehall not be a waivcr of Lender s right to aocelerate the maturity of the indebtedn~a secured by thea Mortgage. 12 Remediee Gtimulative. All.remedies provided in this Mortgage are diatinct and cumnlative to any other tight or remedy under thia Mortgage or afforded by law or equity, and may be e~ercise~! ooncurreatly, independently or auoceseively. 13. 3ucceesors and Assigns Bouad; Joint and 3everal Liability; Capttons. The oovenants and agreementa herein contained ahall bind, and the righta hereunder snali inure ito, the respeciive succ~ra+~~i e~t-ne af I.en3ci 33II~~ BOTfi3wL7, suhj~t ta Lhe ~res~isiona of paragraph 17 hereof. All covenants and agreementa of Borrower shall be joint and eeveral. The captione and headinge of the paragraphs of thie Mortgage are for covenience oAly and are not to be used to interpret or define the proviaiona hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided fo~ in thia Mortgage shall be given by mailing auch notice by certified mail addreascd to Borrower at the Property Addreas or at such other address as Borrower may deaignate by notice to Lender se provided herein. and (b) any notice to Lendei shell b~ given by certified mail, return receipt requeated. to Lender'e addreas etated herein or to euch other addreae a8 Lender may designate by notice to Borrower as provided herein. My notice pmvided for in this Mortgage ehall be deemed to have been given to Borrower or Lender when given in the maanez deeignated herein. 15. Uaiform Mortgage; Governing I.aw; 3everability. Thia form of mortgage oombinea uniform aovenante for national uee and non• uniform covenante with limited variationa by juriediction to oonstitute a uniform eerurity inetnuuent oovering real property. This Mortgage : ahall be govemed by the law of the juriediction in which the Property ia located. In the event that any proviaion or clauae of this Mortgage or the Note contlicta with applicable law, auch conElict ahall not af~ect other pmvisiona of this Mortgage or the Note which can be given effect without the oonilicting prnvision, and to this end the proviaione of the Mortgage and the Note are declared to be severable. 16. Borrower'e Copy. Borrower ahall be furniahed a rnnformed oopy of the Note and of thia Mortgage at the time of e:ecution or sftetr recordation hereof. 17. 'ltiransfer of the Property; Assumption. If all or any part of the Property or an intereat therein is eold or transferred by Borrower without Lender's prior written consent, e:cluding (a) the creation of a lien or encumbrance eubordinate to thia Mortgage, (b) the creation of a purchase money eecurity iu?tereat for houeehold applianoes, (c) a tranefer by deviae, desoent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intereat of three yeare or less not oontaining an option to purchaee, Lender may. at I.ender s option, declare all the aums secured by thia Mortgage to be immediately due and payable. Lender ahall have waived such option to aocelerate if, prior j to the sale or tranefer, Lender and the person to whom the Property is to be eold or tranaferred reach agreement in writing that the credit of auch person ia satiafactory to Lender and that the intereat payable on the aume eerured by this Mortgage shall be at auch rate as L.ender ahall i requeat. If Lender has waived the option to accelerate provided in thia paragraph 17, and if Borrowei a succeasor in intereat haa ezecated a ~ written assumption agreement accepted in writing by Lender, Lender ehall retease Borrower from all obligationa underthia Mortgage and the Note. ; If Lender e~erciaea auch option to accelerate. Lender shall mail $orrower notice of aoceleration in accordance with paragraph 14 hereot ; Such notice ahall provide a period of not lesa than 30 daya from the date the notice ia mailed within which Borrower may pay the sums declared ~ due. If Borrower faila to pay auch suma prior to the e:piration of auch period, Lender may, without furthet notice or demand on t3orrow~, ~ invoke any remediea permitted by paragraoh 18 hereof. e 18. Acceleration; Remedies. Ezcept ae pmvided in paragraph 17 hereof. upon Borrower's breach of any oovenant_or ~ agreement of Borrower in this Mortgage, including the oovenante to pay when due any snme aecured by thie Mortgage. Lender ~ prior to acceleration ehall mail notice to Borrower ae pmvided in paragraph 14 hereof epecitying: (1) the breach; (2) the action ~ required to cure suc6 breach; (3) a date, not lees ths~n 30 days from t6e date t6e notice is mailed to Borrower, by which such ~ breach muat be cured; and (4) that tailure to cvre auch breach on or before the date epecified ia the notice may result in acceleration of the aums secured by thie Mortgage, foreclosure by judicial proceeding and eale of the Property. T6e notice shall . further inform Borrower of the right to reinetate aRer aoceteration and the ri~ht to aseert in t6e foreclosure proceeding the non-ezistence of a default or any other defense of Borrower to aoceleration aad foreclosnre. If the breach is not cured on or ~ before the date epecified in the notice. Lender at Lender's option may declare all of the sums eecured by thie Mortgage to be ~ immediately dne and payable without further demand and may foreclose thie Mortgage by judicial proceeding. Lender ehall be ~ entitled to collect in euch proceeding all e:penaes of foreclosure. including. but not limited to, rea8onable attorney'e feee. and ~ coste ot documentary evidence, abstracte and title reporte. 19. Borrower's Right to Reinetate. NotwithBtanding Lender a soceleration of the sume eecured by this Mortgage, Borrower ehall have ~ the right to have any proceedinga begun by Lender to enforce thia Mortgege diecontinued at any time prior to entry of a judgment enforcing ~ thie Mortgage if: (a) Borrower paya Lender all suma which would be then due under this Mortgage, the Note and notes securing F`uture ~ Advances. if any. had no aoceleration axuired; (b) Borrower cures all breaches of any other covenante or agreementa of Borrower rnntained in r' this Mortgage; (c) Borrower pays all reaeonable e:pensea incurred by Lender in enforcing the oovenant8 and agreementa of Borrower oontained in thie Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, bnt not limited to, reaaonable attomey a feea; and (d) Borrower takee euch action ae Lender may reaeonably require to aesure that the tien of this Mortgage, Lender'e interest in the Property and Borrower'a obligation to pay the sume secured by this Mortgage shall continue unimpaired. Upon snch paymeat and cure by Borrower, this Mortgege and the obligationB eecored hereby ahall remain in fiill force and effec! ae if no acoeleration had oocurred. ~ Z0. Asaignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby aeaigns to L.eader the rente of the Property, provided that Borrower shall, prior to soceleration under paragtaph 18 hereof or abandonment of the Property. have theright ~ to collect and retain auch rents ae they become due and peyable. - Upon acceleration under paragraph 18 hereof or abandonment of the Property. I.ender ahall be entided to have a receiver appointed by a ~ i~ oourt to enter-upon, take posseaeion of and manage the Property and to collect the rente of the Property, including thoee paet dae. All rents ooUected by the receiver ahall be applied first to payment of the oosta of management of the Property and ooUection of rents, including, but not `'s limited to, receiver'e fees, premiume on n~oeiver'a bonds and reaaonable attorney's feea, and then to the eume serured by thia Mortgage. T6e x- reoeiver ahall be liable to acwunt only for thoee rente actually received. ~4 ~e~T+? ~K ~ ~ ~ n~~ ~ ~j; aou« ~ ~ ~ _ - - - - - - _ ~ _ ~ = ~ ~ ~ _ ,.~>:~~~--~R~ , _ ~