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HomeMy WebLinkAbout1245 1 ' , 0. Iaslsetioa. Deader sW make or easse b bs made rwsoaable entries upon and inspections of the property. provided that Leader shall give Boaower asliee prior b arp ssxh inspection spedljrins pasooable caws therefor related b Leader's interest is the Proper4jr. 9~. '1lre pe~oa«ls daWr award a claim for damages. direct or eonaequeatial. is connection with any condemnation or alter tskiutg d t6s peopeety. a pat theeso~ a !br caavsyanos in lieu d eoademnation, are hereby assigned and shell be paid to I.ender. la the avast d a lobl takisg d the Property, tM peooeeds shall be applied b the same secured by this Mortgage, with the excess, ff soy, paid to Boeeower. to the ev®t d a partial taking of the Property. anlew Borrower and Lertder otherwise ogres in writing. there shall be applied is the woe eecwed b7 this 111artgap such popartion d the peooeeds a. is equal to that proportion which the amount d We same seared by this Ysetsage immediatdy paint b tM dab d taking bean b the fair market valve of the Property immediately prior b the date d taking, with tbs balance d the pooeals paid b Borrower. Uthe Property is absadoaed by Borrower, or d attar notice by Leader b Borrower that the condemnor offers b make as award or settle a dais for dae•ages. Borrower fa~7s b rerpood b Leader within 30 days aRer the date such nobioe is mailed, Lender is authorised to oolle~t and appb the poeeeds, at Candela option, either b pstoration or repair of the property or b the snau secreted by this Mortgage. UnMw leader sad Borrower dherwise agree is wtiiing, any such application of proceeds b principal shall not eztend or postpone the due date d the soathjy iastaDmeats rederred to in paragraphs 1 and 2 hereof or change the amount of such installments. , 10. Borrower Not Belewsed. Sxtmeioa d the time for paym3rtt or modification of amortization of the sums secured by this Mortgage granted by Lender b say ssoeesaor m interest d Borrower shall not operate b please, in any manner. the liability of the original Borrower and Baerower's weoeasas in intepet. Leader shall not be required b commence proceedings against such successor or refuse b eztend time [err pgyseot or otherwise modify amartisatioa of the some aemred by this Mortgage by person of any demand made by the original Borrower and Baervwer's ssocessors iu inter+ed. 1L Rar6eaRaaee by Lender Not a waive: Aqy forbearance by Lender in exercising any right or pmedy hepunder, or otherwise affoeded by appSeable Lw, ebaD red be a waiver of or predade the exercise d any sack right or pmedy, The procurement of insurance or the paysent d lases err other Seas err charges by lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secaaed by this Mortgage. 12 Basedies eve. AB reocdies provided in this Mortgage ap distinct and cumulative b any other right or pmedy render this Mortgage a affaeded by lave a egeity, and may be e:eroseA eoncarrently, independently or sueoeesively. 13 8aeeessors sect Assigns Homed;Joint sad Several I3ability; Captions. The covenants and agreements herein contained shall bind, and the rights beeeoder shall relate t0. the nypective saceessora and assigns of Lender and Borrower. sub' b the parsgraplt 1? hereof All ooveaants a~ sgreemmb of Bonvwer shall be joint and several. The ca ~ provisions of ptioaa and headings of the paragraphs of this llartgage ap far covenimoe Daly and ap not to be need b irate=prat or define the provisions hereof. 14_ NotieG F.uept far any notice requaed under applicabk law b be given is arwther manner, (a) any notice to Borrower provided for in ~ this lloetpgrca6an begiven by mailing sorb noticeby certified mail addreeaed b Borrower at the Property Address or at such other address as ~ Bar:ower rosy designate by notice b Leader as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, b lender's address stated herein a<b each other address as Lender may designate by notice b Borrower as provided herein. Any notice pewided for is this 1ortgage shall be deemed to have hem given b Borrower or Lender when given in the manner designated herein. I5~ Uaitorta Mortgage; Coveraing Law; SeverabiHty. This form of mortgage combines uniform oovmaats for national use and non- uniform eovmanis with !®ited variations by jatisdiction b eonstitnte a uniform aecarity instrument covering pal property. This Mortgage shall be governed 67 the law dthe jotisdictian in which the Properly is located. In the event that any provision or clause of this Mortgage or I the Note ooosieb with applicable law, sadr conflict shall not affect other provisions of this Mortgage or the Note which can be given effect .r;tbwt the eon Rovieion, and b this end the provisions of the Mortgage and the Note ap declared to be severable. 16~ Borrowes's Copy. Borrower ahrdl be famished a conformed copy of the Note and of this Mortgage at the time of execution or after reoaed~on hereof ~ 17.1~aader of the Property; Asatption. If all or any part of the Property or an interest thepin is sold or transferred by Borrower ~ without Lmdds prior written oonseat, ezduding (s) the aeation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a parr!hase money senrity interest for hossehold appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint i tenstd or (d) the grant a~f any leaaehoW interest of three years or leas pat containing an option to purchase, Lender may, at Lenders option, dedap aH the wens seearea by this Mortgage b be immediately due and payable: Lender shall have waived such option to accelerate if, prior to theaalear trana6er, Leer and the person b whom the Property is b be sold or transferred reach agreement in writing that the credit of each person is aatisfaetory to Lender and that the interest payable on the sums eecared by this Mortgage shall be at such rate as Lender shall regaeat IELender has waived the option b aooderate provided in this paragraph 17, and if Borrower's successor in interest has e:ecnted a written aesamptio~n agreement accepted in writing by Linder, Lender shall please Borrower from all obligations under this Mortgage and the \ote If Leader e3erases sack option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof: Such notice ,ball provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the soma declared due If Borrower fails b pay each same prior b the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof: 18. Aeederstioer; Resediea, Except sus provided in paragraph 1? hereof, upon Borrower's breach of any covenant or sgrcesesit otBorr+vwer in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to aocderatioa sl.all sail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action t regwir+ed to esre saK6 br+eaelK s date, not tress than 30 days from the date the notice is mailed to Borrower, by which sash brewe6 guest be esffed; sad (4) that failure to care such breach on or before the date specified in the notice may result in aooeleration of ti~esass seared by this Mortgage, toreclosare by judicial proceeding and sale of the Property. The notice shall farther mforo Borrower ottbe right b reinstate alter acceleration and the right to assert in the foreclosure proceeding the ota defaslt or a~ otbe~ detease of Borrower to acceleration and foreclosure. If the breach is not cared on or ~ before the date ~pecefied is the notice, Lender at Lender's option may declare all of the sums severed by this Mortgage to be immediately doe sad payable without farther demand sod may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to eollert is sash proceeding all a:penses ottoreckosare, including, bat not limited to, reasonable attorney's fees, and costs of doamentary evidence, abstracts acct title reports. 19 Borrower's Bit to Reinstate. Notwithstanding lenders acceleration of the soma secured by this Mortgage. Borrower shall have the right b have any peooeedings began by Linder b enforce this Mortgage diacontianed at any time prior b entry of a judgment enforcing this Mortgage if= (a) Borrower pays Lender all sums which would be then due ender this Mortgage. the Note and notes eecnring Futup Advanosa, deny, had m aooderation oocurpd; {b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this lortgage; (e) Borrvw!er pays all reasonable expenses incarpd by Lender in enforrang the covenants and agreements of Borrower contained in this Mortgage and in enforcing lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's feet. and (d) Borrower take's each action as Lender may paaonably require to assure that the lien of this Mortgage, Lender's interest in the Property a~ Borrowels obligation b pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and care by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Asa:oawent otBeats; Appointaeat of Receiver. As additional security hereunder, Borrower hereby assigns to Leader the rents ~ of the Property, provided that Borrower shall, prior b a~oceleration Hader paragraph 18 hereof or abandonment of the Pro ! w cosset asd retain garb teats as they become due and payable. PAY. have the right Upm aooderatioa wader paragraph 18 hereof a abendonaemt of the Property, Lender shall be entitled to have a receiver appointed by a cost b eaferapoo, take poeseeeion d and manage the Property sad b collect the rents of the Property, including those past due. All rents eoileebd by the receive: shaII be applied find b payment dthe costa of managemmtof the Property and collection of vents, including, but not limited to; reoeivev'a fees, premiums as pceiver's hoods and reesonabk attorney's fees, and then to the some secured by this Mortgage. The receiver shall be liable to acooant only far those renb adaally received. eo~K3~.5 P~c~1243