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HomeMy WebLinkAbout0920 - - ~ ~ e~ Iaspee4io~s. lender ms~y make or caws to be made reasoruble entries upon and iwpections of the propes4y,provided that Lender shall give Boerowee nodes prior to aqy such inspection apecibriag reasonable caws therefor related to Lender's interest in the Properttiy. 9i. Cevetias.aatioa.The proceeds of agtr award or claim fps damages, direct or ooasequential, is ooaaection with aqy aondemaatioa or other taking a[ the property, ar part thereof. or far conveyanas in Uen of ooudemaation, are hereby assigned and .hall be paid to Lwtder. In the event of a total taldag of the Feoperty, the proceeds shall be applied to the suau secured by this Mortgage, wi W the eaoep, if any. paid to Barowss In We avast of a partial taking of the Property. anises Borrower and Lender otherwise agree in writing. there shall be applied b the Sams aasred by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of We sums .eesrad br this Mertgap immetliateUr prior to the date of taking bea» to the fair market value ofthe Property immediately prior to the date of taking. with the balances a[ the peaoesds paid to Borrower. . Uthe Peoperbr is absndoaed by Harrower, os ~ alter notice by Leelder to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower Nils to respond to Leader within 30 days after the date such notice is mailed, Lender is authorised to collect and appbi the proceeds, at Leader's option, either to eeatoration or repair of the property or to the sums secured by this Mortgages Unless Leader and Borrower otherwise agreeia writing, any each application of proceeds to principal shall not extend or postpone the due date d the moothb indalhneafs referred to is paragraphs 1 atul 2 hereof or change the amount of such installments. 10. Borrower Nd Released. Satension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Leader b any anooeewt in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Berrowet's snaoessors is interest. Lender shall not be required to commence proceedings against such snocessor or refuse to eztend time for psymeat or otheswise modify amortization of the soma secured by this Mortgage by reason of any demand made by the original Borrower and Borro~rer's sscoeesors in interest. 11: Forbeara0oe by Leader Not a Wsdver. Any forbearance by Lender in ezerciaing any right or remedy hereunder, or otherwise - afforded by appbcable 4w, shall sot be a waiver of or preclude the exercise of any ouch right or remedy. The procurement of inanrance or the payment of teas or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness aecored by this Maetgage. 1Z Resaedles (~nlat;oe. /W remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Morlrarge ar affardded bf law or equity, and may be ezarase~i concurrently. independently or suozeesively. 13 8aooeasoe~s and Aasipu Hound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights he:esnddr shell inane to, the respective suceeeaora and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereo£ All covenants and sgrremeats of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage an for oavwience only and are not to be used to interpret or define the provisions hereof. 14. Notsc~ B~oept for any notice required under appUcable law to be given in another manner, (a) any notice to Borrower provided for in this Moetgageahall begiven by mailing arch notice by certified mail addressed to Borrower at the Property Address or at such other address as Baerowrr may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Isader's address stated herein or to each other address as Lender may designate by notice to Borrower as provided herein. Any notice provided ~ in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15~ Uniform llortga~e; Governing I.aw; Severability. Thin form of mortgage combines uniform covenants fornstional useand non- uniform eovenanta with limited variations by jurisdiction to oonstitnte a uniform security inatnuuent covering real property. This Mortgage shall be governed by the Iaw of the jnrisdidion in which the Property is located. In the event that any provision or clause of this Mortgage or the Note ooaflicts 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 sad file provisions of the Mortgage and the Note are declared to be severable: 16. Borrower's Copy. Borrower shall be furnished a conformed Dopy of the Note and of this Mortgage at the time of execution or after recordation hereof 17. Transfer of the Property; Assumption. If all or any part of the Property or sn interest therein is sold or transferred by Borrower without Lender's prior written consent, t:dading (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant. et.id) the_ grant of ,any kaechold interest of three years or lees not containing an option to purchase, Lender may, at Lender's option, declare aD the soma secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Ltader and We person to whom the Property ie to be sold or transferred reach agreement in writing that the credit of each Person is aetiafactory to Leader and that the interest payable on the soma secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's suocesaor in interest has executed a written assumption agreement accepted in writing by [.ender, Lender shall release Borrower from all obligations under this Mortgage and the dote. _ _ ~ IfLender e:eruses each option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof _ Such notice shall provide a period of not legs than 90 days from the date the notice is mailed within which Borrower may pay the enma declared due. If Borrower tails to pay such name prior to the expiration of such period, Lender may, without further notice or demand on Borrower, Invoke say remedies Permitted by paragraph 18 hereof. 18. Acceleration; Remedies. Except as provided in paragraph 1? hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any some secured by this Mortgage, Leader prior to acceleration ah:ll mail notice to Borrower as provided is paragraph 14 hereof specifying: (1) the breach; (2) the action required to cnr+e weh breach; (3) a date, not leas than 30 days from the date the notice is mailed to Borrower, by which each breach mast be tared; and (4) that failure to carne such breach oa or before the date specified in the notice may result in aeoekration of the soma secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall farthez inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the ' of a defsinlt or any other defense of Borrower to acceleration and foreclosure. If the breach is sot cured on or before the date specified in the notice, Lender at Lender's option may declare all of the name secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in wch Proceeding all a:pease. 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 Reinstate. Notwithstanding Lender's acceleration ofthe aumesecured by thiaMortgage, Borrower shall have ~ the right to have my PSa began by Lender to enforce this Mortgage diecoatinned at any time prior to entry of a judgment enforcing this Mortgage if (a) Borrower pays Lender all soma which would be then due under this Mortgage, the Note and notes securing Fhture Advances, if any. had no aooderation occurred: (b) Borrower cares aII breaches of any other covenants or agreements of Borroweroontained in this Mortgage- (c) Borrower pays all seasonable expenses incurred by Lender in enforcing We covenants and agreements of Borrower ooataiaed in this Mortgage and in enforcing Lenders remedies as provided in Paragraph 18 hereof, including, bat not limited to, reasonable attorneys fees; and (d) Borrows: takes such action a$ Lender may reasonably require to essays that the lien of this Mortgage, Candela interest q in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon each payment and cure 1 by Borrower, thin Mortgage and the obligations secured hereby shall remain in full force and effeM as if no acceleration had occurred. 20t Asaigsaseat of Rents: Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the yenta of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the tight to collect and retain arch rents as they become due and payable. Upon aooderation under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a reoxiver appointed by a oosrt b enter.spoa, take possession of and manage the Property and to collect the rents of the Property, including those pad due. AU rents ooilected by the receiver shall be applied first to payment of the costa of management of the Property and eolledion of rmtts, including, but not limited t0. receivers fees. premiums on receiver's bonds and reasonable attorney's fees, and then to the same secar+ed by this Mortgages The receiver shall be Liable to aooonnt only far those rents actually received. a~~K 315 PdGE 918