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HomeMy WebLinkAbout0150 ? f . M + • 8. In~paction. l.ender may make or cause to be made reaw~able entries upon and iaapecti~ propetty, pravi~ed that Lendar ~hall ; give Borrower notice prior w any ~uch in~pection specityin~ reasonable cause therefor ~ela~b- Tiender't intenst ia the Property. { 9. Coademnstlon.'I~e procee~ls of any award or claim for dama~es, direct or rnnsequential. in oonnection with ar~y ooadea?nstion or ; other takinQ o! the property, or part thereot, o~ [or rnnveyance in lieu of oondemnatioh, are h~eby awi~ned and shsU be paid b Lender. ; ln the evenc of a total taking ot the Property. We preoecds ~hall be applied to the ~ums ~ecured by thi~ Mort~aQe, with the axoew, il eny. ; paid to Borrower. In the ever~t oI a partial takin~ of the Property. unleea Borrower and Lender otherwi~e aQree i~ writin~, thers ~haU be ~ ~applied b the suma secured by this Mort~a~e ~uch proportion of the prooeed~ as is equal to that psoportion whic6 the amount ot t1?e ~um~ ! ~ecured by thu Mortge~e immodiately prior to tl~e date of taking bears b the fair market value of fhe Property immediately prior to the date of taking. witb the balanca of the pmceed~ paid to Borrowet. It the Property ia abandoned by Borrower. or if. at4r notioe by Lender to Borrower that the oond~nnor otYen to make an award or ~etde a claim for demeRe~, Borrower faib to reepond to Lender within 30 days aAer the date such notioe ie maiied, I.ender ia authorized to vollect and apply the prooeed~, et Lender's option. either to re~toration or repair of the property or to the sum~ ~ecnred by thi~ Mort~age. Unles~ I.ender and Horrower otherwise agree in writiag, any ~uch applicetion of pmceed~ to principal shaU not ~tead or pwtpone the due date of the wonthly installmente nferred to in paragtsphs 1 and 2 hereo[ or chanQs the amount o[ ~uch uutallmenb. 10. Borrower Not Released. E:tension of the time for paymant or modi6cation of amortization of the ~ums secured by this Mortgege ' granted by l.ender to any succeasor in intereet of Borrower shall not operate to releaae, in any manner, the liability of the ori~inal Borrower ' and Borcower's eucceeaots in interee~ I.ender ahall not be required to oommence proc~eedings e~ainat auch succeswr or nfuse to extend time tor payment or otherwise modify amortization of the aume secured by thia Mortgage by reason of any demand made by the original Borrower ~ and f3orrower s aucceseors in intereet. 11. Forbeuance by Lender Not s Walver. My forbearence by Lender in esercising any right or remedy hereunder. or otherwi~e afforded by applicable law, shall not be a waiver of or preclude the ~ercise of any such right or remedy. The procurement of insuranee or the payment of eaxea ot other liena or charges by [.ender ehall not be a waiver of Lender's right to acceleraee the maturity of the indebtedr?ess secured by this Mortgage. 12. Rewedle~ Cumulatlve. All remediea pmvided in this Mortgage are distinct and cumulativa to any other right or remedy under thi~ Mortgage o~ aftorded by law or equity, and may be e:ercise~i ooncurrendy. independently or suooessively. 13. 3ucceswrs and Assignr Bound; Joint and Sevetal Ltability; Captions. The oovenanb and agreemente herein oontained ahall bind, and the righfa hereunder ahall inure to, the respective succeesors and assigns af Lendec aud Borrower, aubject to the provisiona of paragraph 17 hereof. Ai1 covenanta and egreemente of Borrower shall be joint and several.'il~e captione and headinge of the peragraphs of ~ thie Mortgege are for covenience only and are not to be used to interpret or define the provisions hereof. " 14. Notice. F.xcept for any notice required under applicable law to be given in another menner, (a) any notice to E3orrower provided forin thia Mortgage ahall be given by mailing auch notice by certified mail addreseed to Borrower at the Property Addr~e or at euch other addreas ea E3orrower may deeignate by notice to Lender as provided herein. and (b) any notice to I.ender ahall be given by certified mail, return reoeipt requested, tn L.ender e addreae etated hernin or to auch other addreas ae I.ender may designate by notioe to Borrower aa provided herein. Any notice pmvided for in thia Mortgage ehall be deemed to have been given to Borrower or Lender when given in the manner designated herein. t 5. Uniform Mortgage; Governing I.aw; Severabjlity. Thia form of mortgage rnmbinee uniform oovenante for national use and noa- uniform covenanta with limited variationa by juriadiction to conatitute a uniform eecurity inatrument oovering real pmperty. This Mortgage ahall be governed by the law of the juriadiMion in which the Property is located. In the event ihat any provision or clause of thia Mortgage or the Note conflicte with applicable law, auch conAict shaA not af1'ect other provisione of thie Mortgage or the Note which can be given effect without the conflicting proviaion, and to this end the proviaione of the lVlortgage and the Note a=e declared to be aeverable. 16. Borrower'e Copy. t3orrower shall be fumished a rnnformed copy of the Note and of this Mortgage at the time of e:ecution or after ~ recotdatio~ hereof. 17. 'l~anster of the Property; Auumptioa. [f all or any part of the Property or an intereat thereih is sold or tranaferred by Borrower # without I.ender's prior written conaent, excluding (a) the creation of a lien or encumbrance eubordinate to this Mortgage. (b) the creation of a purchase money eecurity intereat for household appliances, (c) a transfer by devisel dc~cent or by operation of law upon the death of a joint tenant or (d) the grant of any leaeehold intereet of three years or leae not oontaining an option to punhese, Lender may, at Lender s option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to aocelerate if, prior { to the sale or tranefer, Lender and the pereon to whom the Property ie to be aold or transferred reach agreement in writing that the credit of euch ~ person ia satiafactory to Lender and that the intereet payable on the aums secured by thie Mortgage ehall be at euch rate as Lender shall requeat. If [.ender has waived the option to accelerate provided in this paragraph 17, end if f3orrower s eucceaeor in intereet haa e:ecvted a ~ written aseumption agreement accepted in writing by [xnder, L.ender shall release Borrower from all obligations under lhia Mortgage and the 'I Note. • ` If I.ender exerciges aucii option to accelerate, l,ender ahall mail Borrower notice of acceleration in acoordance with paragraph 14 hereoL ' Such notice ehall provide a period of not less than 30days fmm the date the notice ia rnailed within which Borrower may pay theauma declered # due. It Borrower faile to pay such sume prior to the expiration of euch period, I,ender may, without further notice or demand on I3orrower, ~nvoke any remediea permitted by paraqraoh 1R hereof. 18. Acceleration; Remediee. E:cept as provided in paregraph 17 hereot. upon Borrower's breach of any oovenant or agreement o! Borrower jn this Mortgege, including the oovenants to pay when due any sume secured by thie dlortgage, Lender ~ prior to acceleration ehall mafl notice to Borrower as provided in paragraph 14 hereof specitying: (1) tbe breach; (2) the action j requjred to cure euch breach; (3) a date, not less than 30 daye from the date the notice ie mailed to Borrower, by whic6 euch 5reach must be cured; and (4) that taflure to cure such breach on or before the date epecified in the notice may result in acceleration otthe sume secttred by thie Mortgage. toreclosure by judicial proceeding and eale of the Property.The noticeehall = further inform Borrower of the right to reinstate eRer acceleration and the riQht to aeseTt in the torecloeure proceeding the { non-e:ietence of a delault or any other defense of Borrower to aoceleration and toreclosure. If the breach ie not cured on or 3 betore the date specified in the notice, Lender at Lender's option roay dectare all ot t6e euma eecured by thie ~'Iortgage to be immediately due end payable without further demand and may torecloae t6ie Mortgage by judicial prceeeding. Lender ehall be entitled to collect in such prceeeding all expenses ot toreclosure. including, but not limlted to, reaeonable attorney'e fees. and ' coete of documentary evidence, abetracts and title reporte. 1 19. Borrower's Right to Reinstate. Notwithetanding L,ender'e acceleration of the sums eecured by this Mortgage. Borrowerehall have ' the riqht b have any proceedinge begun by Lender to enforce thie Mortgage diacontinued at any time prior to entry of a judgenent enforcing ~ thiB Mortgage if: (ay Borrower paye l.endei all aums which would be then due under thia Mortgage, the Note and notee securing ~ture Advances, if any, had no acceleration occurred; (b) Borrower curea all breachee of any other covenants or agreemente of Borrower rnntained in this Mortgage; (c) Borrower pays ali reaaonable expensea incurred by Lender in enforcing the oovenants and agreemente of Borrower oontained in this Mortgage and in enforcing Lender e remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's teee; and Id) Borrower takes such aMion as Lender may reaaonably require to aeeure that the lien of thia Mortgage, Lender'e intereat in the Property and Borrower's obtigation to pay the auma secured by thie Mortgage ahall continue uniropaired. Upon such payment and cute by Borrower, this Mortgage and the obligationa secured hereby ahall remain in full torce and effect ae if no acceleration had occurred. `l0_ Asaignment of Rente; Appointment of Receiv_e~r Ae additional eecurity hereunder, ~3orrower hereby asaigne to I.ender the renta of the Property, provided that Borrower ahall, prior to aooe~eration under paragraph I S hereof or abandonment of the Property, have the right to collect and retain such renta aa thEy become due and payable. Upon acceleratian under paragraph 18 hereof or abandonment of the Property, Lender ahall be entitled to have a receiver appointed by a court to enter~pon, take posseeaion of and manage the Property and to collect the rente of the Property, including thoee paat due. All rente aollected by the receiver sha11 be applied first to payment ot the ooete of management of the Property and colleciion of rents, including, but not limited to, rec~eiver e tee~a, premiuma on receiver'n bonda and reasonable attorney'a feea, and then to the suma secured by this Mory~age. The receiver ehall be tiable to acoount only for thosr rente actuatly received. } t eouK2~7 ~ i50 ~ ~ . ~ ~ ~ ~ _ ~ Y__.__~... ~ _