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HomeMy WebLinkAbout0089 . ~ • ~1 8. Iaspectioa Lender m4Y make or caws to be ma~ ceawaabl~ eatrie~ upoa aad ia~pectioa~ of the pro `pe~y. Pmvided that'Lender ~hall ~ive Boriower aotia p~ior b any such in~pectioo ~pecibrin~ rsswnable cauN thecefor relatsd b I.endes'~ iatere~t ia tbs Pwp~sty. 9. Coademaadon.'lUe p~oceed~ of any award os cl~im for dama~e~. direck o~ coa~equeatial. in coanectioa w~ith aay coademnation or othes takin~ at tM PpP~Y. o: pat Wereot. or f~ ooaveyaaca in lieu of oondemn~tion, are hereby aMi~aed aad ~haU be paid to L~der. In the event oi ~ btal W~in~ oi We Propsr~y, the pmoesd~ ~hall bs applied to the ~ums ~red by this Mort~~e. wiW tM e:cea. if any?. psid to Borrower. Ia the sveat ot s partial tairin~c of We Proper~y. nnlea Ho~o~re~ and Lende~ oWerwi~s a~res in writi~. there ~hsU bs applied to the waw ~ecured by this Moat~a~e mch propartioa ot ths prooeedi w u equd t~o that propu~rtioa Mr}uch the amount ot the ~aau secured b~? thia Mart~e immediately ~ior to We dats of takin~ bsars to the fair martet vdae of eha Froperty immediaeely prior to the dst~s ot t~tin~. with We balancs oi the prooeeAs paid b Boreower. Iithe ProperRp i~ abandoned by Barower, ~ i~ aR~es notioe by Lendec to Boreower the~t the oondemaor ot~ers b make an award os ~ettle a claim for dama~. Boscowra faib to rapoad to I.~tder wit,hin 30 days afles the date such aotioe u mailed. Lsnder u sntho~ised ~o oollect and app~y the p~ooeed~, at Lendee'~ option. eiWer to redoratioa or repair of tM prope~y or to tbe snnu ~ecund by t4ii Mat~ass. ~ Ualew L~der end Borrowec otharwi~e e~ree in writin~. anY s~h epplicsdoa oiproceeds b principal ~hall not estead or patpone tha due date of the monthly inatalimeat~ seferred ~o in parsgraphs ~1 and 2 hareot or chan~e the amount of wch ia~t~llmenta. 10. Borrower Not Relea~ed. Estension of We time for pay~asnt or modificatioa of amortization of the sums eecured by thia Moetga~e grsnted by I.endes b any suooeasor in interest of Bosmwer shap ao! operab to releeus, ia any mann~. the liability of the original Borrawer and Borrowe~'s snc~oeesore in interesi Lender shall aot be required to aommence prooeedings aeaiast such suace~sor or refuse t,o e:tend time for payanent or othervviae modity amortisatioa oithe suma se~vred by thia Mortgage by reason of any demand made by the original Bormwec end Borrower's suooessors in interes~ 11. Forbearanoe bp Lender Not a Wdver. My forbesranoe by Lender iti esercisiaQ any right or remedy hereund~. o~otherwi~e a~orded by applicabk law. ~all not be s waiver of or precluds the euercise af any such right or remedy.'lt~e procurement of insuranae or tbe payment of teaes ~t other lieas or cherges by Lender shall not be a waivet of L~der's right to aooelerate the maturity of the indebtedne~s secured by this Murt~a~e. - 12 RemedieaCumulstive. All remediea provided in this M~lgage are distinct and camulative to any ofh~ right or remedy undsr this Mortgage vr afforded by lew or eqnib?. and mqy be esee+cisai ooncairently~ iadependently or auooaesively. 13 Soooes~on and A~ei~as Bound: Joint ead Saveral LiabWt~: CaPtions. The oovenanta and agreements herein o~ntained ahell bind. and the ri86ts hereunder ~hall inure to. the respective sncoeswrs and aui~ns of Lender and Bo:rower. ~ubject to the provisioas of . paragraph 17 hereot All covenants aad agree~nents of Borrow~ ahall be joint sad ~eve:al. The captions and heading~ oi the paragraphs of this Matgage are for coveaienoe only and are not to be osed to iaterpret or define the provisions hereoL . 14. NoUoe. E:cept for any notioe required und~ applicable law to be given in another manaer. (a) any notice to Borrowez pmvided for in this Mortgage ahall be givea by mailing snch notiae by oerti5ed mai! addressed to Borrower at the Pmperty Address or at snch other address as Borrower msy desigaate by notioe to I.ender as provided herein. and (b) any natioe to Lendrr shell bs givea by oerti5ed mail. retnrn reoeipt requested, to Lend~'s address stated h~rein or to such other address as Lender may designate by notioe to Boiro~ as provided h~^ein. A~y notice provided for ia thia Mortgage ahall be deemed to have been given to Borro~ver or Leader when given in t6e mannar deeignated ha~eia. 15. Uniform Mortgase; Governin~ I.aw~; Severability.'[1~ia form of mo~rtgage oombinea nniform aovenants for national use and non- uniform covenante writh limited variations by jurisdiction to oonstitute a uniforai security inatrumeat oovering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property ia located. In the cveat that any provision or clause of thia Mortgage or . the Note conflicts with appUcable law, auch contict ahall not affect other pmvisioas of thie Mortgage or the Note which csa be given effed without the oonflicting prov~ieion, and tb this end the provisions of the Mortgage and the Note are declared to be sevaable. 16. Borrower's Copy. Botrower shall be fnrniehed a confoimed oopy of the Note and of this Martgage at We time of ezecution or aRer reoordation hereof. 17. 7~ansfer of the Property; Assumptioa. If all or any patt of the Propezty or an intereat therein is eold or treasferred by Borrower . without Leader's prior written consent~ acluding (a) the creation of a lien or encumbrance aubordinate to Wia Mortga~ee. (b) the creatioa of a purchase money security interest for hoosehold appliaacea. (c) a tranafer by devise. descent or by operation of law npon the death of a joint tenant or (d) the grant of any leaeehold intereat of three yeare or lees not oontaining an option to purchaee. Lender may, at I.endet's option, declare al: the aume securea by this Mortgage to be immediately due and payable. Lender ahall have waived snch option to aooelerate if, p~rior ~ to the sale or tranafer, Lender and the pereon to whom the Property is to be eold or transferred reach agreetnent in writing that the credit of such person is satiafactory to L~ender and that the interest pe~yable on the anms eecured by thie Mortgage ahall be at anch rate as I.ender aball request. If Lender lias waived the option b acoelerate provided in this paragraph 17. and if BorroweYe suocessor u? interest has ezecuted a written aseumptioa egreemeat aacepted in writing by Laider. Lender shall release Borrower 6 om ail obligatione under thia Mortgage aad the Note. . Ili If I.ender exezcieea euch option to accelerate, i.ender shail mail Borrower notice of aooeleration in aooordance with paragraph 14 hereoL Such notice ahall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared ~ due. If Borrower fails to pay auch snms prior to the ~piration of such period, Lend~ may. without furtha notioe or demand on Borrowe~. ( ?nvote any remedies permitted by paragraoh 18 hezeof. ~ ' , 18. Acceleration; Remedies. Ezcept as provided in paragrap6 19 hereof, upon Borrower's breac6 of any ~ovenant or agreement of Borrower in thfs Mortgage. including the oovenants to pay when due any sams secured by this ~ortgage, I.~der prior ta aoceleration ehall mail notice to Boreower as pmvided in paragrap614 heceof spedtying: (1) the breach; (2) the action required to cure such breacb; (3) a dete, not less than SO da,ya irom the date the notloe is mailed to Borrower, by wbich.ach breaeh mnst be enred; sad (4) lhat fail~re to care such breach on or before the date specitied in the notioe me~y rea~ilt in acceleration of ihe sums secured by tbie Mortgage, foreclosure by judicial prooeeding end sale of the Property. T6e notioe shall further inform Borrower oi the right to reinstate alter acoeleration and the riaht to asaert in tbe foreclosure proceediny the non-euetenoe of a default or any other defeme of Borrower to aoceleration and foreclosare. It tbe breach is not cured on or before t6e date speciRed in the notice. I.ender at Lender's option may declare all of the enma sewred by t6is Mortgage to be immediately due and payable wit6oat furt6er demand and may foreclose thie ~ortga~e by jndlcial proc~ee~ing. I.ender shall be entitled to oollect in such proceeding all e:pens~s ot foreclosure, inclading, but not limited to, reasonable attoraey's feea, and coats of docnmentary evidence, abstracts and title reports. . ~ 19. Borrower's Right to Reiaetate. Notwithetanding Lende~a aooeleration of the snma secared by thia Mortgage. Borrower ehall have the right to have any pmcee~lings beg~n by I.ender to enforce this Mortgage diecontinued e.t any time prior to entry of a judgment enfonting this Mortgage if: (a) Bormwer paya Lender all sume which would be then dne nnder thia Mortgage, the Note and notea eecuring Fbture Advanoes. if any, had no aoceleration oocurted; (b) Borrower cares all breaches of any other oovenants or agreemeata of Borrower contained in this Mortgage; (c) Borrower pays a11 reaeonable ezpeneea incurred by L.euder in enfonting the covenants and agreements of Borrower oontained in thie Mortgage and in enforcing Lender a remedies aa pmvided in paragrsph 18 hereof. iaclnding, but not limited to. reasonabls attorney'a fces; and (d) Borrower takee sucb action as I.ender may reasonably reqnin to aeeare that the lien of this Mortgage, I.ender's intered in the Property and Borrowei'a obligation b pay the suma eecured by thia Mortgage ahell coatinue unimpaired. Upon anch payment and cure ~ by Borrower, this Mortgage and the obligatioas secured hereby ahall remain in full force and effect as if no aoceleration had oocvrred. , ~ 20. Assignment of Renta; Appointment of Receiver. As additional eecurity hereunder, Borrower hereby aesigns to Lez?derthe rents ~ of the Proptrty. provided Lhat Borrower shall, prior to aa~eleration under paragraph l8 hereof or abandonment of the Ptoperty. have the right ~ to oolled and retain such rents as they become due and payable. ~ ~ Upon eooeleration nnder paragrsph 18 hereof or abandonmeat of the Property. Lender shall be entided to have a rec~eiva appointed by a ~ oourt to enterupon, take posseasion of and manage the Property and to rnUect the rente of the Property, inclading those paat due. All renta ~ oollected by the receiver ahaq be applied first to paymrnt of the oosts of management of the Property and oollection of rents, including. but not i ~ limited to. e~ecxiver'e fees, premiume on receiver's bonds and reaeonable attomey's feea, and then to the sume sec~red by thie Mortgage.'17~e i receiver shall be liable to aooount only for those rents actually rcoeived. ~ ~OCi( t'AI~ ~ - , - _ - - ' x~ r F_~ N<:: - ~~~~-~:T ~ . ~ _:>4.-:t `:a`~y~