Loading...
HomeMy WebLinkAbout0960 . ~ ~ ' i. ~a± -t 8. Inepection. Lender may make or cauae to be made reaeonable entriee upon and inepectione uf the property, provided that I.ender ehall give Borrower notice prior to any such inapection epecifying reasonable caueie therefos related to Lender'a intereet in the Property. 9. Condemnation. The proceeda of any award or claim for damages, direct or coneequential, in connection with any oondemnation or other tsking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby aeaigned and ehall be paid to L.ender. In the event of a total taking of the Property, the proceeds ahall be applied to the aums secured by this Mortgage, with the e:cesa, if any, paid to Borrower. In the event of a partial taking of the Property, unleas Borrower and I.ender otherwiae a~ee in writing, there shall be apalied to the suma eecured by thia Mortgage euch proportion of the proceeds as ia equal to that proportion which the amount of the euma secured by thie Mortgage immediately prior to the date of taking beara to the fair market value ofthe Property immediatefy prior to thedateof taking, with the balance of the proceeds paid to Boroower. tf the Property ia abandoned by Borrower, or if, after notice by I.ender to Borrower that the condemnor offera to make an award or settle a claim for damages, Borrower faila to reapond to Lender within 30 days after the date such notice ia mailed, Lender is authorized tocollect and apply the proceeda, at l.ender s option, either to reatoration or repair of the property or to the sume secared by this Mortgage. Unlesa Lender and Borrower otherwise agree in writing, any auch application of proceeda to principal shall not extend or poetpone the due date of the monthly inatallments referred to in paragraphe 1 and 2 hereof or change the amount of auch inatallmenta. 10. Borrower Not Released. Extension of ihe time for paymant or modification of amortization of the sums secured by this Mortgage Kranted by Lender to any succexsor in intereat of Eiorrower ahall not opeeate Lo release, in any manner, the liubility of the original Borrower and Borrower's successors in infereai. l.ruder sha11 nni be rsqu:raci Lo commence ~+rcu,e~iings against sr •h succesaor or refuse to extend time fur payment or otherwise modify amortization of ihe sums secured by this 111ortgaKe by reason of any dema~ d m: ~.de by theoriginal I3orrower und B9rrower's successorw in interest. i l. F'orbearance by i.endec Not a Waiver. Any forbearance by I.ender in exemiaing any right or remedy hereunder, or otherwise ~~fforded by applicable 1aw, shall not be a waiver of or preclude the exerciae of any such right or remedy. The pmcurement of insurance or the payment of taxea or other liens or charges by Lender shall not be a waiver of l.ender's right to aeceterate the maturity of the indebtednesa secured by this Mortgage. 12 Itemedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any othtr right or remedy under thia ~torte-age or afforded by law or equity, and may be exercise~ concurrently, independendy or successively. 13. Successore and Asaigne Bound; Joint and Several Liability; Captions. The covenants and agreements herein cuntained ahall bind, and the rights hereunder shall inure to, the respective succeasors and assigns of Lender and Borrower, aubject to the provisiona of paeagraph 17 hereof. All covenants and agreements of Eiorrower shall be joint and aeveral. The captions and headinqs of the paragrapha of this Mortgage are for covenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicab[e I~w to be Ki~ en in another manner, la) any notice to l3orrower provided for in this MortgaRe shall be given by mailing such notice by certified mail addressed to f3orrower at the Property Address or at euch other address ac~ }3orrower may designate by notice to Lender as provided herein, and (b) any notice to l.ender shall be given by certified mai1, return receipt requested, to I.ender's addmss stated herein or to such other address as [xnder may designate by notice to E3orrower ae provided herein. Any notice pro~~ded for in this Mortgage shaii be deemed to have been given to f3orrower or I.ender when given in the manner designated hernin. l:i. Uniform Mortguge; Governing Law; Severability. This formof mortqage combines uniform covenantsfor national useand non- uniform n~venants with limited variations by jurisdiction to constitute a uniform security instrun~Pnt covering real property. This Mortgage shall txr govprnec~ by the law of the jurisdiMion in which the Yroperty is located. In the event that any pro~~ision or clt~use of this Mortgage or the Note conflicts w~ifh applicable Iaw, such con}]ict shall not affect other provisions of this Mort~aKe or the Note which can be given effect w~ithout the conflicting provision, and to this end the provisions of the MortRaRe and the Note are declared to be severable. 2 6. Barrower's Copy. f;orrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordntion hereof 1 i. Tranefer of the F'roperty; Asaumption. If all or any part of the Property or an interest thernin is sold or transferred by Borrower N~thout Lender's prior w~ritten consent, excluding la) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a pumhase rt.oney security interest for household appliances, (c1 a transfer by devise, deacent or by operation of 1aw upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not rnntaininq an option to purchaee, I.ender may, at Lender's option, dcrlare a11 the sums securecf by this Mortgaqe to be immediately due and payable. Lender ahall have waived such option to accelerate if, prior to the sale or transfer, I.ender and the person to whom the I'roperty is to be sold or transferred reach a~reement in w~riting that the credit ofsuch pE•rsun is satisfactury to (xnder and that the interest payable on the sums ~ecared by this Mort~aRe shall be at such rate as I.ender shall reyuest_ If I.ender has wai~•ed the optiun to accelerate provided in this paraKraph 17, and if Borrov?er s successor in interest has executed a w•ritten assumption agrecment accepted in w7-itinK by Ixnder, I.ender shail release Borrower from all obligations under this Mort~aQe and the \ ote. If T.ender exercises such option to acrelerate, l.ender shall m~il Born,wer notice of acceleration in accordance with paragraph 14 hereof. Such notice sh:~ll pro~~ide a period of not less than :~(I days from the date the notice is mailed within which Borrow er may pay thesams declared due. If Borruwer fails to pay such sums prior tu the expiration ~?f such period. Ixnder may, without further notice or demand on l3orroKer, invoke an~ remedies permitted by paraKraoh {K hercr~f. 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenent or agreement of Borrower in this Mortgage. inciuding the covennnia ta pr~y ss-hen dse any aums serured by this Mortgage, l.Pnder prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof epecifying: (1) the breach;(2) the action required to cure such breach; (3) a date. not ?ess than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured: and (4) that failure to care such breach on or betore the date specified in the notiee msy result in acceleration of the sums secured by this Mortgage~ foreclosure by judicial proceeding and saleofthe Property.The »oticeahall further inform Borrower of the right to reinatate aRer acceleration and the right to ase~ert in the foreclosure proceeding the non-exiatence of a detauit or any other defense of Borrower to accelerateon and foreclosure. If the breach is not cured on or before the date apecified in the notice, Lender at Lender's option may declare all of t6e sums secured by this Mortgage to be immediately due and payable without further demand and may toreclosethis Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding ail expenses of foreclosure. including, but not limited to. reasonable attorney's fees. and costs of documentary evidence. abstracts and title reports. 19. Borrower's Right to Reinatate. Notwithstanding Lender's acceleration of thesums secured by this Mortgaqe, Borruwer shall have the right to have any proceedings beKun by I.ender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which wc,uld be then due under this Mortgage, the Note and notes securinR Future Advances, if any, had no acceleration occurred:lb) Bortrower cures all breaches of any othercovenante or agreemente of Borrower contained in this Mortgage; (c) Borrower pays aH reasonable expenses incurred by Ixnder in enforcing the covenanta and agreements of E3orrower rnntained in this MortgaRe and in enforcing Ixnder's remedies as provided in paragraph 18 he:eof, including, but not limited to, reasonable attomey's fees; and (d) Borrower takes auch action as Lender may reasonably require to assure that the lien of this Mortqage, i.ender's interest in the Property and Bormwer's obligation to pay the sums secured by this Mort~aqe ahall continue unimpaired. Upon such payment and cure by Borrower, this Mnrtgage and the ob)igations secured hereby shall remain in full force and effect as if no acceleration had occarred. 'L0. Assignment of Rents; Appointment of Iteceiver. As additional security hereunder, S-rower hereby asaigna to Lendertherents of the Property, provided that Borrower shall, prior to acceleration under paragraph IS hereuf or abandonment of the Property, have the right to collect and retain such rents aB they become due and payable. Upon acceleration under paragraph 28 hereof or abandonment of the Property, I.ender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including thoae past due. Atl tents collected by the receiver shall be applied firat to payment of the costa of managementof the Property and collection af rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fe?s, and then to the suma secured by thia Mortgage.7'he receiver ahall be liable to acaount only for those rents actually received. g~~~K3~.3 ~~~f ~5~