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HomeMy WebLinkAbout1513 .S • • ~ .+4 ; 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the property, provided that Lender shall give Borrower notice prior to say such inspection specifying reasonable cause therefor related to Lender's interest in We Property. 9. Coademnatlon. The proceeds of any award or claim for damages, direct or consequential, in connection with any oondemaatioa or other taking of the propergr, ce part thereof, or for conveyance in lieu of condemnation, an hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, We proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of We Propergr, ndess Borrower and Leader otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds ae is equal to that proportion which the amount of the sums eecurcd by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to We date of taking, with the balance of the pmce~eds paid to Borrower. If the Property is abandoned by Borrower, or if. aRer notice by Lender to Borrower that the condemnor offers to make an award or setae a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorised to Dolled sad apply the proceeds. at Lender's option, either to restoration or repair of the property or to the soma secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing,any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to is paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the some secured by thin Mortgage granted by Lender to any suooessor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower a suoceasora in interest. Lender shall not be required to commence proceedings against such successor or refuse to a:tend time for payment or otherwise modify amortization of the soma secured by this Mortgage by reason of any demand made by the original Borrower and Borrower a suooeesore in interest. 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or oWerwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's sight tc accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage an distinct and cumulative to any other right or remedy render this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or snooeasively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Bosrower, subject to the provisions of paragraph 17 hereoL AU covenants and agrcemente of Borrower shall be joint and several. The captions and headings of the paragraphs 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 applicable law to be given in another manner, (a) any notice to Borrower provided forin this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower 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 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 bender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; 3everability. This foam of mortgage combines uniform ooveaants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note rnaf(icts with applicable law, such conflict shall not affect other provisions of this Mortgage or We Note which can be given effect without the conflicting provision, and to this end the 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 an interest therein is sold or transferred by Borrower without Lender's prior written rnnaeat, excluding (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 or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender s option, declare all 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. Lender and the person to whom the Property is to be sold or tranafen~ed reach agreement in writing that the credit of such person is satisfactory to Lender 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 thin paragraph 17, and if BotTOwers successor in interest has ezecuted a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof: ~ Such notice shall provide a period of not leas than 30 days from the date the notice is mailed within which Borrower may pay the sums declared ~ due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice os demand on Iorrower, invoke any remedies permitted by paragraph 18 hereof. 18. Acceleration; Remedies. Ezcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenantor ~ agreement of Borrower in this Mortgage, including the oovenanta to pay when due any some 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 cure such breach; (3) a date, not leas than 30 days from the date the notice ie mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the. date specified in the notice may result in acceleration of the soma secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate aRer acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums 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 such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costa of documentary evidence, abstracts and title repor~ta. 19. Borrower's Right to Reinstate. NotwithstandingLenders acceleration of the same secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce thin Mortgage discontinued at any time prior to entry of a judgment enforcing r this Mortgage if: (a) Borrower pays Leader all soma which would be then due under this Mortgage, the Note and notes securing I~rture Advances, if any, had no acceleration oocun~ed; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the oovenanta 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 fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrowers obligation to pay the soma secured by this Mortgage shall continue unimpaired. Upon such payment and wre by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had ootarred. 20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender therents of the Property, provided that Borrower shall, prior to soceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. j Upon acceleration render paragraph 18 hereof or abandonment of the Property, Lender 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 those past due. All yenta wllected by the receiver shall be applied first to payment of the costs of managementof the Property and collection of rents, including, bat not limited to, receiver s fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only far those rests actually received. i <<x~~5 N~~E~511 67~~~;