Loading...
HomeMy WebLinkAbout2358 - _ t; , .ww • ~ ~ r ~ ! ) 8. Iaapsetion. Lender ew,y soaks of cause to be made reasonable sntriea upon aced inspeetiona of tM popeety, pfd that Leader shall give Borrower notice priors b orgy each inspection epedfying reasonable cause theeriar eekated to Lsndee's interest in the Properly. 9. Coodemoation.'iLe proceeds of any awned or Maim tot damages. direct a oonsegaential. in connection with aqj? caademnation ore other taking at the property, or pad theeeo~ err tar oonveyanoe is flea at oondemnatlon. are hereby assigned and shaA be paid b Lender. In the event of a total taking o[ the Property, the pooeeds shall b applied to tbs some seenid by tl~ls Mortgage, with the corners. ii any, paid to Bor:owee. In the event d a partial taking of the property, anlees Boetower and Iwnder otherwise ague in wdting, then shell b applied to the same eecueed by thin Maetgage each pppoetiaa at tM pnoeeds as i. equal to that peppottioa which the aeaount of the sums secuered by this Illaetgage immediately prior to the date of taking bean to the fair martini valor of the Properts?imaoediatelj? prim to the daM d taking. wltb tM balance a[ the peooeeds paid to Borrower. - If the Proprty i. abandoned by Boeeowee, err ~ afbr notice by Leader to Borrower that tlw condemnor offers to mob as award as setW a dakm for damages. Harrower bile b respond to Lender within 80 darn at4e the date sack notice b maild, Lender i• aathosisedb oollectaeed apply the pepoeeds. at Lendee'~ option, either to redoration err repair of the peopecty err to the same secured by Ibis Mortgagor Ualea F.endsr and Borrower otherwise agree in welting. anysach application of pe~ooeeds to prindpal shall noteztorad err postpone the dos date a[ the monthly installments rifirred to in paragraphs 1 ae~d 2 henoi or change the amomat of each installments. 10. Borrower Nast Released. Sstsasion of the time toe psymant a modiflcatioa of amortisation of the crams eecared by this Mortgage granted by Lender to any euooessor in interest of Borrower shall not operate to release, in any manner. the liability othhe original Harrower and Bortowee"s saooessors in interest. loader shall not bs required to commence ~ y against wch snacessor or eefuee to estead time for ps~ymebt or otherwise modify amortisation of the same scented by this M _ Qt any demand made by the originsl Borrower _ _ and Borrower's saooeeson in interest. 11. Fbarbearaaos bq Lender Nast a tlYairer. Aqy forbearanos by Lender in ezeiriang any right or remedy hereatdsr. a otherwLs afforded by applicable law, shall red be a waiver of or predude the ezercise of nay each fight err remedy. The perocurement of iasmaeioe a tbs payment of tares err other liens err charges by lender shall not bs a waiver of Irender'e right td aooslerats the maturity at the indebtedaea secured by this Maefgaga 12 Remedies Cusadatlve. Ali remedies provided in this Mortgage errs distiad and wmdative to orgy other right or remedy andet this Mortgage or aftaeded by law ~ egtdty, and may be ezercissd eoncareeatly, iadspeadeatly ~ suoossdvelj?. 13 Saeosssoes and Aaipes Boned; Joint and Several LiabiUty; Captions. The covenants and agree~oeeats herein contained shall bind, and the rights heranndar shall inure to, the respective suoosesora and resigns of Leac4r and Borrower. sabjed to the provisions at paragraph 17 hereoL All covenants a~ agreements of Borrower shall be joint and several The captions and headings of the paragraphs a[ this Mortgage are far oaveaienoe onT3r and are not to bs rased to interpret err define the providons henoL . 14. Notice. Ezoept for any notice required ender applicable law to be given in another manner, (a) any notice to Bonpwer provided for in this Mortgage shall begiven by mailing sash notice by certified mail addressed to Borrower atthe Prppsrty Address or at each other address u Borrower may designate by notice to Leader as provided heroin, and (b) any notice to Lender shall be gives by oettiBed mail. return reodpt requested, to Lender's address stated herein or to each other ac{dz+eee ore Loader may designate by notice to Borrower as provided herein. Aqy notice provided for in this Mortgage ehaII bs deemed to have been given to Borrower or Leader wlsan given is the eaanner dedgnated herein. 15~UnitormMortgage;GovsraingLaw;Severabillty.lbisformofmortgagecaabiaesnniformoovenantsfornationslaseandnon- uniform covenants with limited variations by jarisdietion to oonditnte a uniform security inetrnmeat covering real property.Ibis Mortgage shall be governed by the law of the jnrisdidion in which the Property is located. In the event that any providon or dense of this Mortgage err 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 end the provisions of the Mortgage and the Note are declared to be severable. 16~ Borrower's Copy. Borrower shall be furnished a conformed oopg of the Note and of this Mortgage at the bare of ezecation or aRer recordation hereoL 17.1`ransfer of the Property; Assumption. Tf all or any part of the Property err an intered therein is sold or transferred by Harrower without Lender's~priar written consent, e:dading (a) the aeation of a lien err encambranoe subordinate to this Mortgage. (b) the creation of a purchase money seauity interest for honeehold appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of arty leasehold interest of three yeare or lees red containing an option to pmrhase, Leader may, at I.sade~r's option, declare all the soma scented by this Mortgage to ba immediately due and payable. Lends: shall have waived such option to aocelerateif, prior to the sale or transfer. Lender and the person to whom the PropeJrty is to be sold or transferred reach agreement in writing thatthe creditof wch person is satisfactory to Lender and that the interest payable on the sums refitted by this Mortgage shall be at such rate as Lender shall ' request. Ii Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's saooessor in interest has a=sorted a ~ written aasnmption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations Hader this Mortgage and the Note. If Lender eze:vises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hareoL Such rotice shall provide a period of not leas than 30 days from the date the notice is mailedwitiiin which Barrowrer may pay the sums declared due. If Borrower fail to pay ouch sums prior to the ezpiration of such period, Lender may. without farther notice or demand on Borrower, invoke any remedies permitted by Paragraph 18 hereof: 18. Aooeleration; Remedies. 1'~oept as provided in paragraph 17 hereof; aeon Borrower's breach of orgy covenant err agreement of Borrower in this Mortgage, indading the ooveaants to pay when fine any same scented by this l[orttage.I.eodee prior to acceleration shall avail notice to Borrower as provided in paragraph 14 hereotspedtying: (1) the breach; (2) the action required to care such breach: (S) a date, not-less than 30 days frrom the date the notice is mailed to Borrower. b7 which each breach mast be cured; and (4) that tailors to care such breach on or before the date spedfied in the notice mq? rewlt in acceleration of the cams scented by this Mortgage, foreclosure by jadidal proceeding sad sale otthe Property. The notice shall further inform Borrower of the right to reinstate after aooelerati~ and the right to sssert in the toreelasare proceeding the non-ice of a default err any other defense of Borrower to acceleration and foreclosure. It the breach is not cared on or before the date apedRed in the awtice, Leader at I.4nder's option mhY declare all of the cams secured by this Mortgage to be immediately doe cad payable evithout tnrther demand and may foreclose this Mortgage by jndicW proceeding.Lender shall be entitled to collect in such proceeding all ezpenses of foreclosure, including, bat cwt limited to, reasonable attorney's fees, and costs of documentary evidence, abstractor and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the anms secured by this Mortgage, Harrower shall have the right to have any proceedings began by Lender to enforce this Mortgage discontinued at any time prior to entry of a jadgmeat enforcing this Mortgage i!: (a) Borrower pays Leader all sums which would be then doe nudes this Mortgage. the Note and notes securing lfitare Advances. if any, had no acceleration occurred; (b) Borrower cares all breaches of say other covenants err agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the ooveaanb and ageeeaeeate of Borrower ~ ooatained in this Mortgage and in enforcing Lender's remedies ore provided is paragraph 18 hereof indnding, bat not limited to, eeasooabls ~ attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, I.eade:•s interest i in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue nnimpeired. Upon anch payment and care by Borrower, this Mortgage and the obligations secured hereby shall remain in fall force and effect as if no aeoeleration had oxarred. ~ 20. Asslptment of Rents; Appointment of Receiver. As additional security hermnder, Borrower herel?Y assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration render paragraph 18 hereof or abandonment of the Property, have theright to oolkct and retain each rest. as they become fine and payable. I~~ Upon acceleration ender paragraph 18 hereof o: abandonment of the Property, Leader shall be entitled to have a reoaiver appointed by a i court to enterapon, take possession of and manage the Property and to rolled the rents of the Property. indnding those pad due. All recta collected by the receiver shall be applied first to payment of the costs of managemeatof the Property and ooUedion of e+ents, iaduding, brat not limited to, receiver's free, premiums on receiver's bonds and reasonable attorney's tea, and then to the sums scented by this Mortgage. The receiver shall be liable to aeoonnt ody for those rents actually received. av~~~s P~~z~~s