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HomeMy WebLinkAbout2337 l ~`J 8. Inspection. Lender may make or caws b b made reasonabM entries upon and ieupectioria odthe peagrtvy, provided that Lender shall give Borrower ewtice prior b aqy each inspedioa spsdi'ying reasonable cause tbeeefoe elated b Lendae'e interest is the Property. 9. Condemnation. Tbs proceeds of say awned a Claim for damages, direct or ooruegwntial, in eoanectioa with any eoademoatlaa a older taking of the property, or past thareot, or foe ooawyanoe is lies of ooodemnation, are berebq assigned and eheatl be paid b Lndee. In tM event of a bW taking of the Propmq~, the pevossde shall bs applied b the snore assured by this Mortgage, with the eases, it aepr, paid b Borrower. In the event d a partial taking of the Propergr, naleas Bcerowae ae~d Landes otbeewiss agree in wilting, there shall be applied b the sums eecur~ by this Mortgage sash peopoetion ai the proosds v is equal b that peopoetian which tM amount of the roans secured by this Mortgage immediately peioe b the daa of taking bases b the fiir market valve of the Peopa~q? immediaalyy price b the daa o[ taking. wide tM balance d the proceeds peed b Baerower. If the Property b abandoned by Baerowee. err ~ after e?oties by Leader a Boeeowee that the eor?demnae offasb make sa award ore setW • dolor for damages, Hoerowec fail b respond b Lender within 30 days after the daa each notice is mailed, Leader ie anthori:ed b oolleet and apply the proceeds, at Leader's option, either b eestoeatioa or e+epafr of the penpergr a b the snore secured by this Mortgages Unless Leader and Boerawer otherwise ogees is writing. any such appluatioa of preoesde b prindpal shall net e:taad or postpoos the dw date of the monthly inetalln~eaq referred b is paragraplu 1 and s bases! oe deange the amount of sack inetalhosaa. 10. Borrower No! Relesued. Ii~[aasion of the time for paym~t or modificr?tion of amortisation of the sums secured by this Mortgage granted by Lander to any snaoecwr in interest of Bcerowm shall cwt opeeaa b rdwse. in any manner, the liability of the ceiginal Borrower and Borrowee'a suooessore in interest Landes shall not bs required to eommceoe proceedings against such suooescor or re[nee tv eztend time for payment os otherwise modify o.:.o:tixation of the sums scarred by this Mortgage by reason of aqy demand made by the original Borrower and Borrower's snoeeesora in interest - 11. Forbearaaos by Lender Not a Waiver. Aqy forbearanes by Leader in ezarciedng any sight or remedy hersaader, or otherwise afforded by applicable law. shall not be a waiver of os prednde the exercise o[any snch right or remedy. The pe+ocurement of inenrae?oe or the payment of fazes or other ~ ce charges by Lander shall not be a waiver of Lendee'e right b aooeleeate the matority of the indebtedness secured by this Mortgages 12 Remedies Camuladve. All remedies provided in this Mortgage are distinct and armnLtiw b aqy other right or remedy under this Mortgage a afforded by law or equity, and may be ezercise~l ooncarrent$r, independenW? or enooeseivdy. - 13 Snooessoes and Aseipes Hound; Joint and f3everal Liabiligr; Ca _ a and agreements hee+ein contained shall bind, and the rights hereunder shall inure t0. the respectivE aaoceesors andpu~~Ldudeev nand Borrower. subject to the provisions o[ paragraph 17 hereof: All ooveaana end agreemena of Borrower shall bs joint and several. The gptiow and headings of the paragraphs of this Mortgage are foe covenieacs only and are not b bs used b interpret ore define the provisions hereof: 14. Notice. Bzoept for any notice required seder applicable law b be given in arwther manner, (a) any notice to Borrower provided form this Mortgage shall begiven'bymailing such notice by certified mail addressed b Beerowar attheProperty Address or atsarh otheraddr+eee as Bcerowear may designate by notice b Lender as provided herein, and (b) any notice b Leader shall be given by certified mail, return rsoelpt requested,-b Lender's address stated heroin ar to such other address as Fender may desi8naa by notice b Borrower as peovidsd hassle.Any notice provided for in this Mortgage shall be deemed to haw bear given b Borrower oc Lender when given in the manner designated herein. lb. Uniform Idorigage; Governing Law; Sevezability. This form ofmortgage oombinesuniform wwaantefornational erased non- uniform oovenantswith limited variations by jnrisdidion to oonatitnte a oviform security ineRrnment covering real property. This Mortgage shall be governed by? the law of the jnriadidion in which the Property is located. In the swat that any provision or dance of this Mortgage ore the Note conflicts with applicable law. such conflict shall not af[ect other provisions of this Mortgage or the Note which can be given effect wiWont the oontlicting provision. and to this end the provisions of the Mortgage and the Note an declared b be severable. 16. Borrower's Copy. Borrows shall be famished a conformed Dopy of the Nate and of this Mortgage at the time of execution or after recordation hereof: 17.15ranafer of the Property; Aearmption. U all ce any part of the Property or sa interest therein is sold or transferred by Baerower without Lender's prior written eoneenk ezdnding (a) the creation of a lien o: ancambrance subordinate b this Mortgage. (b) the creation of a - pnrchase money security interest for honsehoki appliances, (c) a transfer by devise, descent or by operation of law aeon the death of a joint tenant or (d) We grant of any leasehold interest of three years or less not containing an option b pnr~chase, Lender may, at Leader's option. dedan all We arms scarred by this Mortgage b be immediately doe and payable. Linder shall have waived such option b accelerate if,prior to the sale or transfer, Larder and the person b whom the Property is b be sold or transferred reach agreemeatin writing thatthe creditof arch person is satisfactory to Lender anathat the interest payable oa the snore scarred by this Mortgage shall be at each rate ore Lender shall request If Lender has waived the option b accelerate provided in this paragraph 1% u...'. Borrower's saocessor in interact has ezeonted a written assumption agreement accepted in writing by Leader, Leader shall release Borrower from all obligations Wade this Mortgage and the Note. If Lender ezer+ciaes each option b aaoelerate, Lender shall mail Borrower notice of acceleration in aeoordance with paragraph 14 hereof: j Such notice shall provide a pceiod of not less than 30 days floor the date the notice is mailed within which Borrower may pay the sums declared does If Borrower fails to pay arch sums prior to the expiration of arch period, Lender may, without fnrtha notice or demand on Borrower, f invoke any remedies permitted by paragraoh 18 hereof: 18. -Aeoeleration; Remedies. Bsoep~t' ore provided in paragraph 17 hereof, upon Borrower's breach of a47 covenant or agreement of Borrower in this Mortgage, including the oovenanb to pay when due any come secured by this Iortgage, Leader prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof sped~ying: (1) the breach; (2) the action required to cure wdh breach; (S) a date, not less than 30 days from the date the Mice b mailed to Borrower, by which such breach meat be cured; and (4) that failure to cure each breach on or before the date spedfied in the notice enay result in acceleration of the sums secured by this >Ilortgage, foreclosure by judicial prooeeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after 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 rwt correct on or before the date specified in the notice, Lender at Lender's option may declare all of the same secured M this Mortgage to be immediately due and payable without further demand and may foreclose fhb Mortgage by judicial proceeding. Lender shall be entitled to collect in each proceeding all ezpensea of foreclosure, iriclnding, bat not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. NotwithstandingLender's acceleration of the sums aeciued by this Mortgage, Borrower shall have the right b have any proceedings began by Lends to enforce this Mortgage diauontinned at any time prior b entry of a jndgmeat enforcing this Mortgage it: (s) Borrower pays Larder all sums which world be then due ender this Mortgage, the Note and notes securing Fhturi Advances, if any. had no acceleration occurred; (b) Borrower cares all breaches of any other covenants or agreements of Borrows contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies ore provided in paragraph 18 hereof; indading, bat not limited b, reasonable attorney's fags:and (d) Borrower takes sack action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation b pay the sums secured by this Mortgage shall continue unimpaired. Upon arch payment and core by Borrower, this Mortgage and the obligations aearred hereby shall remain in fall force and effect as if ro acceleration had oecnrred. 20. Aseignm~et of Rents; Appointment of Iseceiver. As additional security hereunder. Borrower hereby assigns b Lender the rents of the Property, provided that Borrows shall, price b aooeleeation ender paragraph 18 hereof err abandonment of the Property, haw the right b Dolled and retain arch rests ore they become due and payable. Upon acceleration m~der paragraph 18 hereof or abaadonmmt of the Property, Lender shall be entitled b have a receive: appointed by a eomt b arter.upon. take possession of and manage the Property and to collect the rants of the Property, including those past doe. All rents m collected by tb~e receiver shall be applied fuxt to payment of the costs of management of the Property and collection of rents, including. but not limited b. r~ecxiver'a fees. premiums on receiver's bonds and reasonable attomey'a fees, and then b the sums aecnred by this Mortgages The receiver shall be liable b aeoonnt only for those rents actually received. 6tJOK~~V PA6E~e 37