Loading...
HomeMy WebLinkAbout0808 J , ; S. I11~p6Ct~0A. Lender o~y make ar cawe b be made rea~onabb entri~s upon and iasp~ctiona oithe pwpatY. provided that l.ender ahall give Borrower Aotica ~ioT to any soch inapection ~pecifyin~ reawnabk caws therefor relaeed b lender i intered in th~ Property. 9. Condea~nadoa. The proceed~ of any a~rard or claim tor dama~es, direct o~ oon~equential, ia connectioa with any oondemna4oa o~ othar tekin~ o! the P~P~Y. o~ part thereof. or !ar ooawyance in lieu of oondemnatioa. are hereby as~ned and ~hall be paid to Lender. ; In tl~e event o! s eoial twkin~ o! the Property, the pmoeed~ st~sA be applied b the suau ~ecured by thir Moct~a~e, witb the esoe~s, if any, ~ paid w Borrower. In the event o[ a parti~l tskin~ oi the Propetty, unle~s Bo~ro~ver and I.ende~ otherwiae a~ree in writias, there shall be appGed to the suan~ ~e~wred by this Martssse such propo~tion d the pwceed~ e~ u equal to that proportioa which the amount ot tbe sum~ •acured by thi~ Mortas~e immedistely p~ior to We date o[ taking bean to the fair market value olthe PropeKy im~nediately pcior w the date of taking. with the balanca o[ tbe proeeed~ prid to Borrower. It the Property u abandoaed by BoRO~rer. o~ if. aRer notiae by Leader w Bwrower that the mnd~nnor ogers to make en award or ~ettle • claim for damase~, Borm~ver faib b re~poad to Lehder within 30 daya atter the date such notioe u msiled. Lend~r ia an Wori~d t~o ooUect aud apply the pmoeeds. at Leader's optioa. aU~e~ ~o e~eseoraaon or repair of ~ ~ro~,rcy? or eo che •um..ecu~+ed by Wis Mer~a~e. Unlw Leader aad Borrower atherwi~s a~ree in writin~. any such applicatioa of proceed~ eo pciacipal shall not e:tend or postpone ebe dw date ot the monWly in~tallme~t+~ referred to in p~rssraplu 1 and 2 hereof or chan~e the amount of ~uch iastallmenta. 10. Borrower Not Relea~ed. Ext~eaaoa of the time tor paymsnt or modification of amortization of the sumi secured by thia Mort~a~e ; granted by Lender to any sacceasor in interest oi Borrower ahaU not operate to release. in any manner. ehe liability of the ori~inal Borrower f and Borrower'a sncceswn in interest. l.ender ehall not be required b oommenoe proceedings against such suooe~wr or refu~e to e:tend time for oavment or oth~wiee modifv amo~t.i~ation of the euma s~urnd Iri thi~ Martgait~ Mr reaaon of any clan~nd made b]r the~al liorr~wrer and Horrowds euooesson in interest. 11. Forbearanos by I.entier Not ~ Walver. Aay torbearance by Lender in e~enasing any riQht or remedy hereander. or othawi~e afiorded by appGcable law. ~haU not be a waiver of or preclude the ~ercise o! any such right or nmedy. The procuremmt of insuranae or tLe peymei?t of taxes o: oth~ liene or char~e~ by Lender shall aot be a waiva ot Lender'~ right to aooelerate the maturity ::f the indebtedne~s secured by thia Mortgage. 12 Remedje~ Cumul~Uve. All remedies pzovided in thii Mortgage are diatinct and cvmulative to any otber right or remedy under t!w Mortgsge or afforded by law or eqnity, and may be ae~c;.e~ ooa~ur~ndy. independeady or suooewivdy. 13. Succeswrs and Aai~u Bouad; Joint and Several Liabilitp; Captions.ll~e oovenants and ag~eementa herein oontsined shall bind. and the rights hereunder shaU inure to. the respective ~ucoeswn and assign~ oi I.ender an~ Borrower, ~ubject to tbe provisions of paragraph 17 hereof. All oovenants aad agreements ot Bormwer ~haU be joint and ~ev~s1. The captiau and headings of t!~ paragraphs ot this Mortgage are for covenience only and an aot to be used to interpret or define the ~oviaions hereof. 14. Notice. E:cept for any notice required under applicable law to be given in andher manner, any noticr to Borrower provided for in this Mortgage ahall be given by mailing such ~otice by certified mail addressed to Borrower at the Property Addrees or at such other addrea as Borrower may designate ~y notice to linder es provided herein, and (b) any notice to Lender shall be given by oerti6ed wail, retnsn r~eoeipt . requedted, to Leoder s address stated herein or to such other addnss aa Lender may designate by notice to Borrower as povided hutin. My notice provided fo~ in this Mortgage ahall be deemed to have 6een given to Borrower or I.ender when given in the maaner designated haein. I5. Uniform Mort~a~e; Govetnin~ Gww; 3everability.'lt~is form of mortgage combines uniform oovenants for aational n~e and non- uniform oovenants with limited varistions by juriadiction to oonatitute a uniform security instrument oovering real pmperty.'ILiu Moetgage ehell be governed by the law of the jurisdictioa in which the Property is located. In the event that any proviaian or clause of this Mortga~e or the Note rnnflicts with applicable law, euch oontlict shaU not affect other proviaions of thia Mortgage or the Note which can be given effect without the ooaflicting pmvision, and to this ead the pwvisions of the Mortgage and the Note are declared to be severable. 16. Borro~ver'~ Copy. Borrower ahall be [urnia6ed a oonformed oopy of t6e Note and of this Mortgage at the time oteuecution or afier recordation hereof. 17. 'l~ana[er of t6e Property; Assumption. If all or any part of the Property or an intereat therein is sold or tranaferred by Borrower without Lender s prior written rnnsent, acluding (s) We creation of a lien or encumbrance aubordinate to thie Mortgage; (b) the creation of a purehaee money eecurity intereat [or honsehold appliancea, (c) e transfer by devise, deacent or by operation of law upon the death of a joint tenanE or (d) the grant of any leasehold interest of thnt years or leas not containing an option to purchase, Gender tnay. at Lender s option. declare all the aume secvrea by thia Mortgage W be immediately due and payable. Lender shall have waived euch option to aoceierete if. prior to the sale or transfer, Lender and the pereon to whom the Property is to be sold or tranafernd reach agreementin writing that the credit of such person is satiafactory to Lender and that the interest paysble on the sums secvred by thia Mortgage ahaU be at auch rate as Lender shall request. If Lender hae waived the option to socelerate provided in thia paragraph 17. and if Borrower s euocesaor in interest haa executed a written asaumption agreement acoepted in writing by Lender, I.ender shall release Borrower from all obligations under thia Mortgage and the Note. , ' If Lender exercieea such option to acnlerate, LendeT shall mail Borrawer notice of acceleration in aooordance with paragraph I4 hereot ~ Such notice ehall pmvide a period of not less lhan 30 daye from the date the notice ia mailed within which Borrower may pay the aume declared ~ due. If Borrower faila to pay such sums prior to the e:p'vation of such period, I,ender may, without furthe~ notioe or demand on Eiorrower, ~ mvoke any remedies permitted by paragraoh IS hereof. ~ 18. Aoceleration; Remedjes. F~cept as prnvided in paragrap6 17 hereof. upon Borrower's breach ot any ouvenaat or ~ agreement ot Borrower in thLs Mortgaae, inclnding the oovenanb to psy w6en dne any snms ~ewred b}r thia Mortsa~e, I.ender prior to aoceleration e6all maii notice to Borrower ae provided in para~raph 14 hereof specjtying: (1) the breach; (2) tha adion required to cure such breach; (3) a date, not less than 30 days from t6e date the notice is mailed to Borrowrer, by which wch breach must be cured; and (4) that fallure to cure such breach on or before t6e date speclRed in the notice may resuk in acceleration otthe eums aecured by this ltortga~e, foreclo~ura by judicial proceediag and sale ottbe Property.T6e notice ehall - further inform Borrower ot t6e right to reinstete atter acceleration and the risht to assert in t6e toreclosure proceedins t6e non-ezi~tence of a default or any other deteose ot Borrower to aoceleration and foreclowire. lf tbe breach i~ not cnred on or before tbe date opeclfied in the notice, I.Pnder at Lender's option may declere aU of the sums secured by this Mort~age to be immediately due ~end payable without further demand and may toreclose lhis Mort~a~e by judicial prooeediag. I.ender ehall be~ entitled to collect in ruc6 proceeding all e:penses of toreclosure. including. but not limited to, ressoaable attorney'e fees, end coste of documentary evidence, abstracts end title reporte. 19. Borrower's Right to Reinstate. Notwithatanding Lende~s aoceleration of the aums secured by ihis Mortgage, Borrowtr ahall have the right w have any prooeedinga be~un by Lender to eaforce this Mortgage diaoontinued at any time prior to ~try of a judgment enforcing thia Mortgage if: (a) Borrower pays Lender all aums which would be then due under thia Mortgage. the Note and notea secnring Future Advances, if any, had no acceleration oocurred; (b) Borrower cures all breachee of any other covenants or agreements of Borro~reT contained in thia Mortgage; (c) Borrower pays all reaaonable ezpenses incurred by Lender in enforcing tl~e oovenanta and egreemmb of Borrower ~ ~ o~ntained in this Mortgage and in enforcing I.ender'a remedir8 as provided in paragraph 18 heteof, including. bnt not limited to, reasonabls ~ attorney's fees; and (d) Borrower takes ~uch action aa Lendet may reaaonably require to aaeure that the lien of this Mortgage, I.a?dds interert A in the Property and Borrower s obligation to pay the aums aecured by thia Mortgage ahall oontinue unimpaired. Upon sach paym~t and e~re ~ by Sorrower, thie Mortgage and the obligations secured hereby shal} reenain in full force and effect aa if no aoceleration had oocvrred. ~ 20. Aa~ipment ot Rents; Appoiatment ot Reoeiver. As additional security hereunder, Borrower h~eby aeaigos to Leader the rmta of the Property, provided that Borraiv~ shaU, prior to acoeleration under paragraph 18 hereof or abendonment of the Proparty, 6ave the right ~ to oolled and retain such rents as they become due and payeble. ~ ~ Upon aoceleration under paragraph 18 hereof or abendonment of the Property, Lender shall be eaatled to have a receiver app~iated by e ; oourt to enter upon, take possesaion of end manage the Property and to oollect the rents of the Property, including thwe paa~t due. AU rents aollected by the receiver shall be applied first to payment of the ooets of inenagement of the Property and rnllection of rent~. including~ bnt not limited to, receiver's feea, premiums un reaiver's bonda and reaaonable attorney's fees, and then to the snms secured by t6ia Mortgaga 1'he reoeiver shall be liabie to aooount only far thore rents actually received. ~ ea~K z~ ~ ~ , ~ ..,-~L , _ _ . _ _ _ _ ` ~ "€s .~~r ,~:~r - _ _ r-~-`~i~~ . - -