HomeMy WebLinkAbout0547 8. Inspection. leader may make or cams to bs made naaonable eatroaa upon anduupections of tbs propwrty, provided that Leader shall
give Borrower notice peior to any auadn inapedion apaafyrins r~eaaonable cauas thearefor related to Iwnder'a interest in the Property.
9. Coademnatioa.'iLe prooseda of a»,y award or elm for durafsgsa, direct or oopasqueatial, is oonnectioa with aqy condemnation oe
other talons of tbs properly, o: pact thereof, or far oonwyanoe in Ilea a! aondeannation, an hereby assisned and shall be paid to Lander.
In the sveat of a total taking of the Property, the proossda shall bs applied to the cams secured by thin Morrtgags, with the e:oeas. ii any,
paid to Borrower. In the event of a partial talons of the Propeety. unless Borrower and bender odnscwiae ogees in writins, there shall be
applied to the aama secured by this Mactgass such propocHoa of the proceeds as b equal to that proportion which the amount of the sums
secured by this Moetgase immediately parlor to the dells of taking bean Oo the fair market vales of the Property immediatsijr prior to the date at
talons, with We benlanoe of the peooeeds paid to Borrower.
If the Propearty b abandoned by Borrower, ere ii, after notice by Leader to Boerowsr that the ooadeanaoroffars to make an award or ssWs a
claim for damssea, Borrower fails b respond to Lender within 90 days alter the date such aotios b mailed, Leadee b authorisd b collect and
apply the pe~ooseds. at Leader's option, either b restoration or repair of the peopeety ear to the soma secured by dais Martgase.
Udess Leader and Borrower otherwias ogres in writins, any reach application of proeesda b principal ahaU not a:tend oe postpone tbedau
date of the monthly installments refeareed to in paragraphs 1 and 2 hereof or chance the amount of arch inatallraenta.
10. Borrower Not Released. Bkteasion of the time for paym~at or modification of amortisation of the scams second by thin Mortsass
granted by Lender to nay auooeaor in interest of Borrower shall not operate to release. in any manner. the liability of the original Borrower
and Borrower's aanooesson is interest. Leader shall not be required to commence proceedings against each successor or reface to eztead time
for payment or otherwise modify amortisation of the sums aecnred by this Mortgage by reason of any demand anode by the original Borrower
and Borrawee's anoeesson in interest.
11. Forbearance by Lender Not a Waiver. Aqy forbearance by Leader in e:ercisorng any sight or remedy hersander, a otherwise
afforded by applicable law. shall not bs a waiver of or pr+eclnde the ezetcose of any such right or remedy The proaauennent oiinsmeauos or the
payment of fazes or other liras ce charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtednea
secuued by thin Mortgage.
12 8emedies Cumalative. All remedies provided in this Martgege are distinct and cumulative to aqy other right or remedy Hader thin
Mortgage ce afforded by law or equity, and may be ezerciseri oancnnreently, independently or suoosssively.
13. Saooeswars sad Assigns Bound; Joint and Several I3ability;Captions. The oovenanta sad agreements herein contained shall
bind, and the rights hereander shall inane t0. the respective suooesson and assigns of Leander and Borrower. subject to the provisions of
paragraph 17 hereof All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of
this Mortgage are for oovenience only and ass not b be used to interpret ear define the provisions hereof.
14. Notice. Szoept for any notice required under applicable law to be given in another meaner, (a) azty notice to Borrower provided for in
this Mortgage shall be given by mailing such notice by certified mail ad<inssed b Borrower atthe Property Address or at such other address as
Harrower may designate by adios to Lender as provided herein, and (b) any notice to Lander shall be given by cetified mail, raaasa receipt
n~quested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
notice provided for in this Mortgage shall be deemed to have been given to Borrower or Leader when given in the manner designated herein.
15. Uniform Mortgage; Governins Law; Severability. This form of mortgage combines uniform covenants for national use and non-
uniform oovenanta with limited variations by jurisdiction to oonatotnt$ a uniform security instrument covering real property. This Mortgage
shall be governed b3? the law of the jurisdiction is which the Property is located. In the event that any provision or clause of this Mortgage or
the Note conflicts with applicable law. each conflict shall not affect other provisions of this Mortgage or the Note which can be given effect
without the conflicting provision, and to this and the provisions of the Mortgage sad the Note. are declared to be severable.
1& Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of ezecation or after
recordation hereof.
17. 'l~ranater of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower
without Lender's prior v~lea oonseat, efciading NlllbeaeM?on of a lien or encumbrance anbordinate to this Mortgage, (b) the crcetion of a
purchase money security iatear+esttsr houselaold.ap~pliaggM.(c) a transfer by descent or by operation of law upon the death of a joint
tenant or (d) the grant of any leasehold oatmosei~Of ~hree8?P/ki!ace less not containing an option to pnrrhase,-sander may, at Leader's option,
declare all the sums secured by this Mortgage to be immediately doe and payable. Lender shall have waived sndn option to accelerate if,prior
to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the creditof such
person ib satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at each rate as Lender shall
~ request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's suooeseor in interest has ezecnted a
written assumption agrcement accepted in writing by Lander, Lender shall release Borrower fiom all obligations under this Mortgage and the
~ Note.
If Lender exercises such option to accelerate, Lender shall mail Borrower notice of aeoderation in aooordance with paragraph 14 hereof:
j Such rotice shall provide a period of red less than 30 days from the date the notice is mailed within which Borrower may pry the sums dedared
4 due. If Borrower fails to pay such soma prior to the expiration of such period, Lender may. without farther notice or demand on Borrows:,
invole any remedies permitted by paragraph 18 hereof:
18. Acceleration; Remedies. Fscept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Leader
prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action
required to carne such breach; (3) a date, not less then 30 days firom the date the notice b mailed to Borrowex, by which such
breach mast be carrell; and (4) that failure to care such breach on or before the date specified in the notice may result in
acceleration of the sums secured by this lllortgage, foreclosure by jadicid proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the rlsht to assert is the foreciooare proceeding the
non-ezidence of s defaalt or any other defense of Borrower to acceleration and foreclosure. It the breach b not cared oa or
before the date specified In-the notice, Lender at Lender's option may declare all of the sums secured by fhb Mortgage to be
immediately due and payable without farther demand and may foreclose fhb 16tortgase by judicial proceeding. Lender shall be
entitled W oohed in such proceeding all ezpensee of foreclosure, including, but not limited to, reasonable attorney's fees, and
~ costa of documentary evidence, abstracts and title reports.
19. Borrower's Right to Reinstate. NotwithstandingLender's acceleration ofthe soma secured by this Mortgage. Borrower shall have
the right to haves any prpeeetlings begun by Lender to enforce this Mortgage diaoontiaued at any time prior to entry of a jndgmeat enforcing
) this Mortgage it: (a) Borrower pays Lender all sums which would be then due ender this Mortgage. the Note and notes secauing l?hture
Advances, if any, had no acceeleration oecprred; (b) Borrower cures all breaches of any other ooveaants or agreements of Borrower contained in
this Mortgage; (c) Borrower pays all reasonable ezpenses incurred by Lender in enforcing the omrenants and agreements of Borrows
contained in this Mortgage and in enforcing Leaders remedies sa provided in paragi~aph 18 hereof; including, bat not limited to, reasonable
attorney's fees: and (d) Borrower takes each action as Lender may reasonably require to assure that the lien of this Mortgage, Leaders intered
in the Property and Borrower's obligation to pay the arms secured by this Mortgage shall oontinane unimpaired. Upon such payment and care
by Borrows, this Mortgage and the obligations secured hereby shall remain in fall force sad effect as if no aooekration had cornered.
Z0. Awisnment of Rents; Appointment of Receiver. Ace additional security hereunder, Borrower hereby assigns t9 Leader the rents
of the Property, provided that Borrower shall. prior to acoleration render paragraph 18 hereof or abandonment of the Property. have the right
to Dolled and retain such rents as they become due and payable.
Upon aoakration render paragraph 18 hereof or abandonment ottee Property. Calder shall be entitled to have a reoaver appointed by a
court to eaternpon. take poaession of and manage the Property and to Dolled the rents of the Property, including those pad due. AU teats
collected by the receiver shall be applied first to payment of the costs of management of the Property and oolledion of rents, including, bat red
limited to, reoeover's fees, premiums on reoeivds bonds and resaornabk attorney's fees. and then to the sums secaared bS? this Mortgage. The
reoriver shall be liable to acooant only for those Hate actaaUy received.
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