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HomeMy WebLinkAbout0027 ~ t ~ 8. Inspectlou. Lender aaqy maka or cawe to bs made re~wnable eutria upon and iaspectioiu of the pmperty, pmvided ehat I.eader ~l,aU ~ive Borrow~ notioe prior to any ~uch uupoction ~pec~fying reaaonebls csu~e th~afor relaLed b Lender'~ interwt in the Propesty. 9. Coadamn~don. 7Ue proaeed~ of any eward or rlua? f~r dam~e~. direct or oon~equential. ia connection with any aondemnetioa or ; other takin~ of the pmpe~ty. or part thereot. or for conveyance in lieu of oond~ation. are hereby aMi~Aed and ~hall be paid to l.end~. ~ In the event of s btsl takinQ oi the Pcope~ty, the procesds shaA bs applied eo the ~um~ ~ecnred by this Mo~a~s, with We szoe~, it any. ; paid to Borro~rer. ta the eveat ot a parti~l takiag of the Property~ unlaa Borro~rar and Lend~ otherwi~s e~es w wziaiyt, ihere shati be i applied to We auma ~scured by tbia Mw~t~a~e ~uch ~oportioa of We pmceed~ e~ u equal to Wat proportioa which the umount of t6a suau secured by thio Mortg+a~e unmediate~jr prior to We date of taWnQ bean to the fair market value of the PitoperiY immedistely pdor to the date of ; iaking. xith the balanca of the proceeds pa+d to Bore~ower. ~ If the Propeity u abendoned by Botrorver. o: if. aftes aotica by Lender b Bormwer that We ooademnor otten b make an sward or ~ettls a j claim tor daanages. Bo~rovver fails co re.pond to I,ender wichin 30 day. eRu the dace.uch noace ia mailed, Iender is autborised to ooUect and a app~p tha proceeda. at Lende:'a option~ eithe~ to redontion or repair of t2~e property or to tbe snm~ ~ecured by thi~ Martgage. i Unless Lender aad Borrower oWerwiie aB~eein writing. anysuch a~ticaaonofprooeea.~o prjncipal shall not~cend or post~onecheaue ~ date of the moathly uutallmenb nferred to in paraQraphi 1 and 2 hereoi or chaaQe the amount of such uutallmeata. . 10. Borrower Not Releaaod. Eztension of the time for paymant or modiftcation of amortisation of the sums socnred by thie Mortgage granted by La?der to any successor in intereat of Borrower ehall not operate to nl~.se. in any manner. the liability of the original Borrower i and Borrower's sua,~esaors in interea~ Lender shall not be required to comzaence prooeedings againet such euocessor or refuse to estend time [or paymeat or otherwise modify amortization of the sums secnred bY this Mortgage by reason of any demand made by the original Borrowee i and Borrower a aucc~saors in intesest. ~ 11. Forbearanoe by Lender Not a Waiver. My forbcaranoe by L~der in ezercising aay right or nmedy hereunder, or otharwi~e aftorded by applicable law. ehaU not be a waives of or preclnde the axarcise of any such rigbt or remedy. The procue+aneat of insuranoe a the ~ payment of tases or other lieas wr charges by I.ender ehall not be a waiver of Lender's right to aooelerate the maturity of Lhe iadebtedne~s ~ secured by this Mortgese• j 12 Remediea Cumul~Nve. All nmedies pmvided in this Mortgage ara di~tinct and cumulative to aay other ri8ht or nmedy nnder thii ( Mortgage ~ aftorded by la~v or equity. and ma~y be ~ezcisai ooncurrently. indepeadently or suoasaively. 1 13. 3uccessors and Assi~ns Bound: Joint and Severpl I.iability: Captlons.'Rie oovenants and egrcementa herein oontained shall t bind, and the righes hereunder ehall innre to, the respective ancc~swes and assigns of I.ender and Borrower, enbject to the provisions of paragraph 1T hereof. All oovenanta and agreements of Borrow~er ~hall be joint and several. The captiona aad headings of the paragraphs oi thia Mortgage an for covenieace oaly and an not to be used to interpret or de5ne the provisioas hsreof. 14. Notice. Exce~ for any notice required under applicable law to be givai in aaother manner, (a) any notice to Borrower provided for in ~ thia Mortgage shall be given by mailing such notioe by certified mail addressed b Borrower at tbe Property Addnea or at such other addnss aa ~ Borrower may designate by notice to I.ender aa pmvided herein, and (b) anY notice to Lender shall be given by cedified mail, retura reoe;pt requeated, to Lender's addrees stated herein or to snch other addr~s as L.ender may designate by notioe b Borrow~ aa provided herein~ Any 3 aotice provided for in thia Mortgage shall be deemed to hsve been given b Borrower or Lender when given in the manner daignated henin. ~ 15. Uniform Mort~a~e; Governing Law; Severability.lLis fotm of mortgage combines unifor~n oovenants for national use and non• ~ uniform covenanta witl~ lianited variatioaa by jariediction t~ oonati~te a nniform security instrument oovering nal property. This Mortgage shall be governed by the law of the jurisdiction in which the Prope~rty is located. In the event that any provision or clansa of this Mortgage or the Note conflicta with applicable law, such coatlict ehaU not affect other grovieions of this Mortgege or the Note which can be given eg'ed without the conflicting provision, and to this end the pmvisione of the Mortgage and the Note are declared to be severable. 16. Borrower's Copp. Borrower ehall be fumished a oonformed oopy of the Note and of thie Mortgage at the time of ezecntion or after recordation hereof. 17.1yranster of the Property; Aesumption. If all or any part of the Property or an interest thaein ia eold or transferr~ed by Borrower ' without Lender s prior written consent, e~ccluding (a) the creation of a lien or eacumbrance subordinste to thia Mortgege. (b) the creation of a purchsse money security intereet for household appliancea, (c) a transfer by deviee. deecent or by operation of law npon the death of a joint ` tenant or (d) the grant of anq leseehold intereet of three years or leas not oontaining an option to purchase. Lender may, at Lendefa option, i declare all the suma eecured by this Mortgage to be immediately dae and payabla Lendet ahall have waived snch option to accelerate if, prior ~ to the sale or tranafer, Lend~ and the peraon to whom the Property is to be sold or transferred reach agreemeat in writing that the credit of euch pereon ia satisfacEory to Lender and that the intereut payable on the auma secured by thie Mortgage ahall be at anch rate as I.ender shall ~ requeat. If I.ender has waived the option to accelerate provided in thia paregraph 17. andif Borrowez's succ~sor in interest has ~ecuted a written aesumption agreement aocepted in writing by Lender. Lender shall release Borrower from all obligations under this Mortgage an~i We i Note. ' ~ If Lender euercisee auch option to aooelerate, Lender ahall mail Borrower notice of acceleration in aocordance with paragraph 14 hereoL Snch notice ahall provide a period of not leea than 30 daya from the date the notice ia mailed within which Borrower may pay the aums dedared due. If Borrower feila to pay such snma prior to the e~cpiration of auch period, Lender may, withont further notioe or demand on Borrow~. . ~nvoke any remediea p~mitted by paragrauh 18 hereof. 18. Aoceleration; Remediea Ezcept as provided in paragraph 17 herrof, upon Borrower's breach of any oovenant or agreement of Borrower~n thia Mortgage, including the ooveaante to psy when dne any sums secured by this 1lortgeBe. Lender prior to aocelersiion ehall mail notice to Borrower as provided in paragraph 14 hereof apecifyin~: (1) the breach; (2) the action required to cnre suc6 breach; (3) a date, not lees than 30 day~ !rom the date the notlce is mailed to Borrower, b~ whic6 sach - 3 breach must be cared; and (4) that failure W cure snch breach on or betore t6e date specified in t6e notice mey reeult in ~ aoceleration of the snms sec~red by t61s ~ortgage. foreclosure by judicial prooeedin~ and sale of t6e Property. The notice ahall k further inform Borrower ot the right to reinstate aRer aooeleration end the risht to assert In the foreclosure proceeding the i non-ezistence ot a detault or any other defenae ot Borrower to acceleration add foreclosure. If the breac6 is not cnred on or before the date epeciRed in tLe notice, Lender at I.eader'e optioa may declare all of the sums sewred by this l~ortgage to be immediately due and payable without further demend and may foreclose this Mortga~e by judicial prooeeding. Lender shall be entitled to collect in such proceeding all espenses of foreclosare. including, bnt not limited to~ reseonable attorney's fees, and ~ coste of documentary evidence, abstracte and title reporta i 19. Borrower'e Aight to Reinatate. Notwithstaading Lender'e acceleration of the eams eec~ued by thia Mortgage, Borrow~ ehall have the right to hav~ any pTOCeedinga begun by Lender b enforce thie Mortgage discontinued at any time prior to entry of a jndgment enforcing thie Mortgage if; (a) Borrower paye Lender all aums which would be then due under thia MortQage, We Note and notes eecuring ~ture Advances, if any, had no acceleration oocvrred; (b) Borrower cutea all breaches of any other oovenants or agreementa of Borrower oontaiued in this Mortgage; (c) Borrower pays all naeonable e:penses incurred by Lender in enforcing the covenants and agreements of Borrower ~ ooatained in this Mortgage and in eaforcing Lender's remediee as provided in paragraph 18 hereof. includiag. but not limited to. reasonable attarney's feea; and (d) Borrower takea auch action as Lender mey reasonably require to aseure ihst the lien of thia Mortgage. Lenda'a intered in the Property and Borrower's obligation to pay the auma secured by this Mortgage ehall oontinue nnimpaired. Upon aoch payment and cure f by Borrower, thia Mortgage and the obligationa secured hereby shall remain in full foroe and effect aa if no acceleration had occurred. 20. Aseipmeat of R.ents; Appointmeat of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower ehell, prior to aoceleration under paragraph 18 hereof or abandonment of the Pro~erty, heve the right to collect and retain auch rents as they become due and payable. ' > Upon aoceleration undet paragraph 18 hereof or abandonment of the Property. I.ender ahall be entided to heve a receivez appointed by a oonrt to enter~pon, tske poseeasion o! and manage the Proprrty and to collect the renta of the Property. including thoee pest dne. All rente oollected by the reoeiver shall be applied first to payment of the ooats of management of the Property and collection of renta, including, bnt not : limited W, receiver e fees, preminma on re~eiver a bonds and reasonable ettorney's feee, and then to the soma secnred by thia Martgage. The ` reoeiver shall be liable to aooount only far thoee rente adually received. ' k ~g9 ~ 27 8~~~( - -r - _ - _ w~ . , ~ '~~~T z' ~ - ^r~.*.,~ ~ 3 _ ~~•~~~~'~"~~~~F'~T ,r