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HomeMy WebLinkAbout0041 ~ . ~ ~ 8. Io~pectlqp. Leader mqy make or cawe to be made r+easonabk entries upoa and ir~pectiocu oi We proptr~y, p~ovided that Let?der ahall ~ Qive BorYO~ver aotice prior to any ~uch inipec~iun ~pecifyin~ reasonabb caws therefo~ nlated to Lead~'~ Intere~t ia the Property. 2 9. Condemnodon.'IUe pmctisda of any awerd or deim for dama~e~. direct or ooa~equentia1.121 COAI1ECZlOf11M1~1 ~[fy OOildl~lBhOA O[ other takinQ of the prupsrty. ~ put thereoi. or fot oonveyanoe in Geu oi ooademnation. ars heseby wi~ned aAd ahall be paid to Leader. Ia t6e event of a total takin~ of the Property. the pzoceed~ shall bs appliod to the suro~ ~ecwred by thi~ Mort~a~e, with tbe ~oew, it aay, i psid b Borrower. Ia the event oi a partial t.aking ot the PropartY. nnlea Borrower and Lend~ othe~wise agree in writins. theee «4~s11 bs ~ appGed to the sums secured by thit Mort~aQe sueh proportion of the proosed~ aa u equal to that proportioo which the amount of the suau ~ secured by thi~ Mortgage immediately ptior to the dats oi taking bean t~o the fair marte~ value of the Aropedy immediately prior to We date ot ~ eaking~ with We balanoa o! the pmceed~ peid to Horrower. ~ If the Propert~y u sbandoned by Borrower, or tf, etter notioe by Lender to Botro~ver that the oondemnor offen to make an award or ~ettle a , daim [or dsma~es. Eiorro~res fails to respoad to Lender within 30 days atter the date such aotice ia mailed, Leader is suthorised to collect apd i apply the prooseds. at Lend~'s option. eiWer.b nsbration or repair oI the pTOperty or Lo We sums ~ecured by thi~ Mort~~ga : Unlaa Leader and Borrower otherwiss agree in writing. any ~uch appGcatioa of proceeda to principal shell not estend ~ po~tpoae the due date of We mopthly installments nferred to in pere~raphs 1 aud 2 hereof or change the amount of such ipstaUmeats. ` 10. Borrower Not Relea~ed. Estenaion of the time !or paymant or modi6cation of amortizadon of the sums secured by this MortgaQe 4 granted by Lead~r to any succeasor in intenet of Borrower ahall not operate to rel~se. ia any manner. the liability of the original Borrovver ~ and Borrower's succeesors in interest Lender shall not be required to oommence proceedings againat such suocetsor or refwe b erie.~d pme , for payment or otherwiae modify amortization of the sums ~ecured by thia Mortgage by reason of any demand made by the original Bormwer ~ and Borrowei a auccESSOrs in interea~ + I1. Focbearanoe b~ Le~der Not a Rialver. My torbearance by Lende~ in ~erciaing any right or nmedy herennder. or other~vi~e : atrorded by applicable law. ehall not be a waiver o! or preclude tha ~ercise of any such right or nmedy.'1l~e procnnment of inaurance or the ~ payment of ta:es or ot~er liens or charges by Lender ahaU not be a ~raiver of Lender's righL to sooelerate the maturity of the indebtedne~s i eecund by this Mortgage. [ 12 Remedie~ Cumulative. All remedies provided in this Mortgage are distinct and cnmulative to any other right or remedy uader thi~ ~ Mortgage or afforded by law or equity, end may be ~ercisc~i ooncnrrendy. indepeadendy or suox-..~vely. ~ 13. Sucoessors and Assigns Bound; Joint and 3everal Liabillty: Captlona. The Qovenanta and agreementa herain oontained shall ; bind. and the rights herennder ahall iaun to. the respective snccesson and assigni of Lender and Borroaer. subject to the provisions of paragraph 17 hereof. All covenants and agreementa of Borrower shaU bs joint and several.'tbe captiona end headings of the paragraphs of thia Mortgage are for covenience only aad are not to be used to interpret or de5ne the provisions hereof. 14. Notice. Eacept for any notice required urider applicable law to be given ia another mannet, (a) any notice to Borrower pmvided for in thia Mortgage shaU be given by mailing such notice by certified mail addnssed to Borrower at the Property Addreas or at such other address as ~ Borrower may designate by notioe to Lender aa provided herein. and (b) any notioe to Lender ahall be given by certified mail, ret~rn reoaipt • t requested, to I.enda'a address atated herein or to such other address as [.endsr may deeignate by notioe b Borrower aa provided henin. Any notice provided for in this Mortgage ahall be deemed to have been given to Borrower or Lender when given in the menner designated herein. 15. Uniform ll~ortgage; Governing I.aw; Severability.'IT~is form of mortgage oombines uniform oovenants for national nse and non- ; uniform rnvenants with limited variations by jurisdiction to oonstitnte a naiform senuity instn~ment o~vering nal property.'l~is MortgaQe ~ ahall be govemed bq the law of the juriediction in which the Property ia located. In the event that any pmvision or elause of this Mortgage or the Note rnnflicta with applicable law, such conilict ahall not atfect other pmvisions of this Mortgege or the Note which can be given effect without the oonflicting pmvieion, and to thie end the proviaiona of the Mortgage and the Note an declend to be aeverable. ~ 1& Borrower's Copy. Borrower ahaU be fumiahed s oonformed copy of the Note and of this Mortgage at the time of e:ecution or after , recordation hereof. ; 17. Transfer o! the Property; AssnmpNon. If all or any part of the Property or an intenst therein ia sold or transferred by Borrower ~ without Lender a prior written conaent, escluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a ~ purchaee money aecurity intereet for household appliancea, (c) a tranefer by devise, descent or by operation of law upon the death of a joint tenant oT (d) the grant of any leasehold interest of three yeara or leae not wataining aa optioa to purchaee, Lender may, at Lende~a option, declare all the sums eecured by thie Mortgage ts be immediately due and payable. Lender ahall have waived such option to aa;eletate if, prior ~ to the eale or transfer, Lend~ and the person to whom the Property ie to be aold or trsnsferred reach agreement in writing that the ccedit of anch ~ peraon ia satiefactory to Lender and that the interest payable on the auma eecured by thia Mortgage shal) be at euch rate as Lender ehall ~ requeat. If L.ender has waived the option to accelerate pmvided in thia paragraph 17, aad if Borrower a successor in interest has e:ecuted a ; written asaumption agreement aocepted in writing by Lender, Lender shall releaee Borrower from all obligatione under thia Mortgage and the ~ ~ Note. ~ ; If Lender aercises ench option to accelerate, Lender shall mail Borrower notice of sooeleration in acoordance with paragraph 14 herepL ! Such noticE shall provide a period of not leas than 30 daye irom the dale the notice ia mailed within which Borrower may pay the suma declared i due. If Barrower laila to pay auch auma prior to the e:piretion of such period, Lender may, without further notice or demand on E3orrower, ~ u~voke any reinediea p~mitted by paragraoh 18 hereof. ~ ~ 18. Acceleration; Remediea. Ezcept ae prnvided in paragraph 17 hereof, npon Borrow?er's breech of any oovenant or ~ agreemeat o! Borrower in this Mortgage, inclnding the oovenanta to pay when due any suma secured by this Mortga~e, L~tder . ~ prior td aa:eleration shall mail notice to Borrower as pmvided in paragrap614 6ereof specifying: (1) the breach; (2) the action ~ required to cnre wch breach; (3) a date. not less than 30 daye fi^om t6e date the notice i~ mailed to Borrower, bq which wch j breach mnat be cured; and (4) that fallure to cure snc6 breac6 on or before the date specified in the notice may result in ~ acceleration of the sume secured by thts Mortgage. foreclasure by judicial procee~in~ snd eale of the Property. T6e notioe shall further inform Borrower of the right to reinatate aRer aoceleration and the rlg6t to asaert fa t6e foreclosure proceeding the non-ezistence of a default or any other defense of Borrower to aoceleradoa and foreclosura If the breach is not cared on or before the date specified in the notice. Lender at Lender's option may declare all of the sums sec.vred by this Mortgage to be ' : immediately due and payable without further demand and may foreclose thi. blortgase by judicial proceeding. Lender e6a11 be entitled to oollect in euch proceeding all ezpenaes of toreclosure, including. but not limited to, reaeonable attorney's feea, and ` S coste of documentary evidence, abstracte and title reporte. 19. Borrower's Bight to Reinetate. Notwithetanding I:endei a soceleration of the enms eecuredby thia i.tortgage, Borrowerehall have the right to heve any proceedinga begun by Lender to enforce thie Mortgage diecontinued at any tune prior to entry of a judgment eaforcing ~ thia Mortgage if: (a) Borrower pays Lender all anms which would be then due nnder this Mortgage, the Note and notee securing Fbt~u~e ~ Advanoes, if any, had no aoceleration occurred; (b) Borrower cures all breachee of any other oovenants or agreementa of Borrower oontained in ~ ~ this Mortgege; (c) Borrower pays all reasonable eupeneea incurred by Lender in eaforcing the covenanLe and agreementa of Borrower ~ ~ oontained in this Mortgage and in enforeing Lender e remediee ae provided ia paragraph 18 hereof, including. but not limited to, reasonable ~ attorney's feea; and (d) Borrower takea euch action as I.ender may reaeonably require to assure that the lien of thia Mortgage, Lender's interEet in the Property and Borrower's obligadon to pay the eume eecured by thia Mortgage shall oontinne unimpaired. Upon euch payment and cure ~ ~ by Borrower, this Mortgage and the obligations eecvred heeeby ahall remain in full force and ef~ect aa if no aoceleration had oocnrred.. ~ ~ 20. Aeaigament of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby eaeigna to Lender the renta of the Property. provided lhat Borrower ahall, prior to aoceleration under paragraph 18 hereof or abandonment of the Property, have fhe right g ~ to oollect and retain auch renta as they become due and payable. ~ Upon acceleration under paragraph 18 hereof or abandonment of the Proprrty. Lender ahall be entided to heve a receive: appointed by a ~ oourt to enLer apon, take poseeaeion of and manage the Property and to rnllect the rents ot the Property, including those paat dne. All nnta . oollected by the receiver ehall be applied fuat to payment of the ooats of inenegement of the Property and oollection of rents, inclnding, bat not ' limited to, receiver'a feea. premiuma on reoeivei a bonde and reasonable attorney's fees, and then to the euma secured by thia Mortgege. The ? ; receiver ehall be liable to ac:oount only for those rents actually received. ~ ' ~ ' `s ~ - 6Lp~299 P~~~ '4~ ~ ? ~ F ~xs~.w . . ' ' . _ ~