Loading...
HomeMy WebLinkAbout0211 ' i 8. In~pectioa. l.ender may make or cawe to be mede rea~onable entrie~ upon ~nd'uupectiona of the propetty. pmvided that Lender shall f give Borrower notioe prior to any such iwpectioa ~pecifyia~ reawnable cawe therefor nlated to I.ender'~ interest i~i the Property. ~ 9. Coademnadoa. 7~e proceeda oi any award or claim for dame~es. direct or con~equential. in connection with any oondemnatioa or j other taking of the pmpesty, or part thereoi. or fo~ rnnveyanoe in lieu of condem~dtion. are hareby assig~od and shaU be psid W Lendar. 1 In the event oi a total taking of the Property. the pmceeds shal! be applied b We ~wns ~ecured by this Mortgag0. ~~?.Y. Qaid to Bormwer. In the eveut of s De~v ~p8 of the Property. unless Borrower and Lender otherwise agree it? writia~. there shaU be applied to the sums Aecured by thi~ Mortgage such proportioa ot the prooeeds ar u equal b that proportion whicA the amouat of the suma ~ eecured by thie Mortgage immediately prior to the date of taking beare to the fair market value of the Propetty immediately prior to the date ot { taking. with the balanoa of the pmceeda paid to Borcowet. If the Property is abaAdoaed by Borrower. or if. eifter notice by Lend~ to Borro~rer that the oondemaor offe» to make aa award or settle e ( claim for damages. Bormw+er fails to reepond to Lender withia 30 days aRer We date such aotice u mailed. Lender u authorised to rnllect and } apply the proceeds. at Lender's option. either to restoration or repair of the ptoperty or to We sums securad by this Mort~aRe. Unless Lender and Borrowa othenvise egree in writiag. any ~uch applicatioa of peooeed~lo principel shall aot esLend or poatpone the due date oi the monthly installments nferred to in paragraphs 1 and 2 hereof or chan~e the amouat of such instalimenta. 10. Borrow~r N~t Releaeed. E:tension af the time far psymaat or modi5cation of aawrtization of the suau aecured by this Mortgaga granted by I.end~ to any auoceeeor in interest of Borrower ahall not operate to release, in any mannez. the liabiliqr of the original Borrower and Botrower a aucceeaore in iatereet Lender ehall not be required b oommence proceedinge against auch suocesao~ or refuae to e:tend time for payment or otherwiae modify amortization of the aums secured by thie Mortgage by reaeon of any demand made by the original Borrower and Borrower s suacessora in interes~ 11. Forbearanoe by Lender Not a Riaiver. Any fo:bearanae by Laader in exercising any right or nmedy henwnder. or othervviie afforded b~ applicable law, ahall not be a waiver of or preclude the e:eicise of any such right or remedy. The procurem~t of inauranoe ~ the paymeat of tazea or oth~ liens or charges by Lender shell not be a~raiver of Lender's right to aooelerste the maturity of We indebtedneas eecured by this Mortgagt. 12. Remedies Cumulative. All remedies provided in this Morigage are distinct aad cumulative to any other right or nmedy under thia Mortgage or af'forded by law or equity. and may be ezercisai concarrently. independently or suoowaively. 13. 3~ocessors and Assigne Bound; Joint aad Several I.iability; Captions.'The oovenante and agreements hereia oontained shall bind. and the righta hereunder shaU inure to. the respective sua~easors and asaigns of Lender and Borrower, dubject to the provieions of paragraph 17 hereot. Al! covenaata and a~eements of Borrower shall be joint and several.'1Le captiona and headings of the paragraphs of thia Mortgage are for covenienoe only and are not to be used to interpret or define We proviaions hereof. 14. Notice. Ezcept for any notice required under applicable law to be given in another manner, (a) any notice to Borrowe~r pmvided for in thia Mortgage shaU be given by meiling such notice by certified mail addreaeed to Borrower at the Property Addtesa or at euch other address as Borrower may designate by notice to Lender as pmvided herein. and (b) any notice to Lender ehall be given by certi5ed mail, return recapt requeated, to Lender's addresa stated herein or to auch other address as I.ender may designate by notioe to Bormwer ae provided her~ein. Any notice provided for ia thia Mortgage ahall be deetned to have been gi'ven to Borrower or I.ender when given in the ma.nnet designated herein. 15. Unitorm Mortgage; Governing I.aw; 3everability.'IUia form of mortgage oombinea uniform oovenants for national use and aoa• uniform covenanta with limited variationa by jarisdiction to bonatitnte a uniforan security inatnuuent ooveriag real property.'I1?is Mortgege ahall be governed by the law of the juriadiction in which the Propzrty is located. In the event that any provieion or clauee of this Mortgage or the Note conilicte with applicable law, such conflict shall not aifect other provisiona of this Mortgage or the Note which caa be given effect without the eonflicting provision, and to thie end the provieiona of the Mortgage and the Note are declared to be eeverable. 16. Borrower's Copy. Borrower shall .be furniehed a rnnformed oopy of the Note and of this Mortgage at ~he time of e:ecation or after recordation hereof. 17. Tranafer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or tranaferred by Borrower without Lender's prior written coneea~ exduding (a) the creation of a lien or eacumbrance subordinate to thia Mortgage, (b) the creation of a purehase money security interest for honsehold appliancea. (c) a t:anafer by deviee, deecent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intereet of three yeara or less r ;...ntaining an option to purchaee, Lender may. at Lender a option. declare all the eume secured by this Mortgage to be immediately due and payable. Lender ehall have waived euch option to aocelerate if. prior to the sale ar tranafer, Lender and the person to whom the Property i~ to be eold or trannferred reach agreement in writing that the rredit of euch person ia satiefactory to Lender and that the interest payable on the aums aectired by thia Mortgage shall be at ench rate ae Lender ehall request. If Lender has waived the option to accelerate provided in this paragrsph 17, and if Borrower's auccessor in intereat hae e:ecuted a written assumption agreement accepted in writing by Lender. Lender ahall releaseBorrower firom all obligations under thie Mortgage and the Note. , If Lendez eaercisea auch opdon to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereoL ! Such notice ahall provide a period of not tess than 30 daya from the date the notice ia tr.ailed within which Borrower mey pay the sums declared ~ due. If Borrower faila to pay such suma prior to the expiration of such period, I.ender may, without turther notice or demend on I3orrower, ' invoke any remedies permitted by paragranh 18 hereof. - 18. Acceleration; Remedies. Bzcept es provided in paragraph 17 hereof, upon Borrower's breach o! any oovenent or j agreement of Borrower in thia Mortgage, includiag the oovenante to pay when due any suma secvred by thie Mortgage, Lender = prior to aoceleration s6a11 mail notice to Borrower ea provided in paragraph 14 hereof specifping: (1) the breach; (2) the actfon € required to cure suc6 breach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower, by which such ~ breach muet be cured; end (4) that failure to cvre such breach on or before the dste specified in t6e notice may result in acceleration of the sums secured by thia Mortgage, foreclosure by judicial proc~eding and sale of the Property. T6e notice shall ; further inform Borrower of the rig6t to reinstate after acceteration and the.right to assert in the foreclosure proceeding the ~ non-eziatence of a default or any other defense of Borrower to soceleration and forecloaure. If the breach is not cured on or ~ before the date apecified in the notice. Lender at Lender's option may declare all of the sums secnred by thie Mortgage to be ~ immediately due and payable without further demand and may forecloae thia Mortgage by judicial proceeding. Lender e6a11 be eetitled to oollect in suc6 procecding all e:penaes of forecloeure, including, bnt not llmited to. reasonable attorney's fees, and ~ coata of documentary evidence. abetracte and title reporta. ~ 19. Boreower's Right to Reiaetste. NotwithsLanding Lender a acceleration of the eume secured by thia Mortgage, Borrower ahall have ~ the right to have any prooeedings begnn by Lender to enforce this Mortgage dieoontinued at any time prior to entry of a judgment enforcing thie Mortgage if: (a) Borrower pays Lender all aums which would be then due und~r thie Mortgage, the Note and notes aeruring Future ~ Advancea. if any, had no acceleration occurred; (b) Borrower curea all breachee of any other oovenanta or agreemente of Boirower rnntaiaed in ' thie Mortgage; (c) Borrower pays all reasonable e:penses incurred by I.ender in enforcing the covenanta and agreementa of Borrower ' oontained in thia Mortgage and in enforcing Lender'e remediee as provided in paragraph 18 hereof, including, bnt not limited to, reseonable ~ attorney e feea; and (d) Borrower takes snch action se Lender may reaBOnably reqnire to asaure that the lien of thie Mortgage, L,eader'e interest in the Property and Borrower a obligation to pay the eume secured by this Mortgage shall oontinue unimpaired. Upon auch payment and cure ~ by Borrower. thia Mortgage and the obligations aecured hereby ahall remain in full foroe and effect ae if no aoceleration had occuaed. 20. Asaignment of Rente; Appointment of Receiver. Ae additional security hereunder, Borrower hereby aasigns fo Lender the rente of the Property, pmvided that Borrower ehall, prior to acceleration under paragraph 18 hereof or abandonment of the Propaty, have the right ~ to colled and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment otthe Property, Lender shall be entided to have a receivez appointed by a oo~ut to enter~pon, take poesesaion of and manage the Property and to oollect the rente of the Property, including thoee pest due. All rente ~ oollected by the receiver ehall be applied first to payment of the ooeta of managementof the Property and oollection of rents, including, but not ~ limited to, receiver's fees, premiums on receiver'e bonda and rea8onable attomey'e feea, and then to the sume aecured by this Mortgage. The r receiver shall be liabie to aooount only for thoee renta actually received. ~ ~ ~ ~ ~ ~ ~Q 8~i1~ ~rW ~i~C ~ . " ~ 5 : ~ - _ _ _ 5 - 4 .Z ^ ~rt~~~~~ - ~"4„"`~"'~' ~s-~ «y.,x- ` ~ _ - v - . _