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HomeMy WebLinkAbout1290 1 - l =t_~a _3fta~ 8_ Inapcetion. Lender may make or cave to be made reaaonabk entries neon and iaspectiona of the property.provided that Lender ahaA give Borrower notice prior to any such irtspeetion apedfying eessonabk cruse therefor related to Lender's interest in the Property. 9. Condemnation. 'Ibe proceeds of any award or daim for damages, direct err eonatquential, in connection with any condemnation or other taking of the propertq, a part thereof, or for coaveyanee in lien of oondemnatioa, are hereby asrigncd and shall be paid to Lender. In the event of a total taking of the Property. the proceeds shall be applied to the soma secered by this Mortgage. with the excess, if any. paid w Borrower. In the event of a partial taking of the Property. unleae Borrower and Lender otherwise agree in writing. there shall be applied tD the soma securtd by this Mortgage sndt proportion oI the proceeds as is equal oo that proportion which the amount of the sums se+tvred by this Mortgage immediaWy prior to the date of taking bears to the fair market valoe of the Property immediatdy prior to the date of taking, with the balance of the proceeds paid W Borrower. If the Property is abandoned by Borrower. or i~ after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrvwrr fails to respond to Lender within 30 days after the date such notice is mailed, Lender is anthoriud to collect and apply ~ Pis. at Lender's option, either to restoration or repair of the property a w the rams secured by this Mortgage. Crakes Lender and Borrower otherwise agree in writing, any such application a~tproceeds to principal shall rot a:tend or postpone the due date of the monthly installments referred to in paragraplta 1 and 2 hereof or dsange the amomt of arch installments. 10. Borro~rer Not Released. F~teasioo of the time for payment or modification of amwrtization of the same scented by thin Mortgage granted by Leader to any soeceasor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower a snmessora in interest Lender shall not be required to commence proceedings against such saeoessor or refuse to eztend time for payment or otherwise modify amortization ottee sums secured by this Mortgage M reason of any demand made by theoriginal Borrower and Borrowers snc~ceasors in interest. 11. Forbearance by Lender Not a Wainer. Any forbmraace by Lender in ezerciaing any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver otor prednde the exercise of any each right or remedy_ 1be procurement of insurance err the payment of taxes or other liens or charges by Lender shall not be a waiver of Fender's light to accelerate the maturity of the indebtedness sectrr+ed by this Mortgage. 12 Remedies Camaladve. All remedies proaided in this Mortgage are distinct and atmalative to any other right or remedy ender this ~fortrage or siforded by law or equity. and may be e:eraseal ooncarr+erttly, independently or soecessively. 13 Soccessors and Assigns Bound; Joint and Several LiabiUty;Captions. 7be covenants and agreements herein contained shall hind, and the rights hereunder shall inane to, the respective socceasora and assigns of Lender and Borrower. subject to the provisions of paragraph 1? heteot AU covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for covet»ence ody and are not to be used W interpret err define the provisions hereoL l a. Notice Except for any notice required ender applicable law to be given in another manner, l a1 any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Addrras or at such other address as Borrower may designate by notice to Lender as provided herein, and Ib) any notice to Lender shall be gives bq certified mail, retntn receipt req nested, to Lender's address stated herein or to such other address as [.ender 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 Lender when given in the manner designated herein. 1 a Uniform Mortgage. Governing Lase; Severability. This form of mortgage combines uniform oovenanta for national nee and non- uniform covenants with limited variations by jurisdiction to eonatitnte a uniform aecarity instrument rnvering real property.'Ibis Mortgage <hall be governed by the law of the jurisdiction in which the Property is located_ In the event that any proaitaon or dense of this 1lfortgage or the \ote rnnflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect w ithont the conflicting provision, and to this end the provisions of the Mortgage and the I~Tote err dedared to be severable. 1 fi Borrower's Copy. Borrower shall be furnished a conformed Dopy of the IKote and of this Mortgage at the time of e:ecation or aRer recordation hereof_ 1 i _ 'I~'ansfer of the Property; Aasnmption. U ell or any part of the Property or an interest therein is sold or transferred by Borrower w-ithont Ixnder's prior wriiren consent, exdoding Ia1 the creation of a lien a encumbrance anbordinate to this Mortgage, Ibl the creation of a pum!rase money security interest for household appliances, lc1 a transfer by devise, daxent or by operation of law upon the death of a joint tenant or (d I the grant of any leasehold interest of throe years or less rat containing an option w purchase, Linder may, at Lender a option, declare all the Sams serurra by this Mortgage w be immediately due and payable_ Lender shall have waked such option W accelerate if, prior to the sale or transfer, Leader and the person to whom the Property is to be sob or transferred reach agreement in writing that the credit of arch person is satisfactory to Lender and that the interest payable on the soma secured by this Mortgage shall be at arch rate as [.ender shall req uest_ If Lender has w awed the option to accelerate provided in this Paragraph 1:, and if Borrower s snecessor in interest has executed a KTitten assumption agreement a~~cepted in writing by Lender. Lender shall release Borrower from all obligations ender this Mortgage and the ote_ If Lender exercises such option to amelerate. Lender shall mail Borrower noticeof acceleration in accordance with paragraph 14 hereoL much notice shall provide a period of not less than 30 days from the date the notice ~ s;aikd 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 or demand on Borrower. f m-oke any remedies permitted M paragraph i fi hereof 18. Acceleration; Remedies. Fscept as provided in paragraph 1? hereof. upon Boxt+ower's breath of any covenant or a greement of Borrower in this Mortgage. including the covenants to pay'vhen due any soma seear+ed bq this Mortgage, Leader prior to aocekrration shall mail notice to Borrower sa provided in paragrap614 hereof specifying: (l) the breach; (2) the action required to wre each breach; t3) a date. not less than 30 days from the date the notice ~ mailed to Borrower. by which such breach mast be ~ and (4) that failure to cwre such breach on or before the date apetified m the notice may resale in acceleration of the soma secured by this Mortgage. foredosnre bq judicial proceeding sad sale of the Property. The notice shall further inform Borrower of the right to reinstate after atoeleration and the tight to assert m the forecloeare proceeding the noo-eriatenoe of a defialt or any other defense of Borro~rer to aeteleration and fotedowre: If the breach is not eared oa or - betore the date specified in the notice. bender at Lender's option may declare all of the sums secured by this Mortgage to be immediately Jae and payable without farther demand and asay foreclose this Mortgage bq jpdicial proceeding. bender shall be entitled to collect in such proceeding all expenses of for+eclosare. including. but not limited t0. reasonable attorneq's fees. and costs of docwmentary evidence. abstracts and title reports. 19_ Borrower's Right to Reinstate. \otwithstandingLender's aoetkration ofthe anmssecured bgthis Mortgage. Borrower shall have the right to have any Proceedings began by Lender to enforce this Mortgage diseontinoed at any time prior to entry of a judgment enforcing . this Mortgage if: la) Borrower pays Lender all sums which world be then Jae under this Mortgages the Note and notes securing Future Advances, if any. had ao aocderatioo occurred: tbl Borrower carts all breadrea of any other covenants a agreements of Borrower contained in this Mortgage: Icl Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agrermmta of Borrower contained in this Mortgage and in enforcing Lender's rrmediea as provided in paragraph 18 hereof; induding, bat not limited to, reasonable attorney's fees; and Id) Borrower takes such action as Lender may reasonably require to assure that the lien otthia Mortgage, Lenders interest i n the Property and Borrower's obligation to pay the arms secured by this Mortgage shall o~tinne unimpaired. Upon sack payment and care 5y Borrower, this Mortgage and the obligations ee~vred hereby shall remain in fall force and effect as if no accdaation had oecatred_ 2D. Assignment of Rents; Appointment of Receiver. Aa additional security hereunder, Borrower hereby asaigus to Lender the rents of the Property. provided that Borrower shall, prior to amderation under paragraph 18 hereof err abandonment of the Property. have the right w collect and retain such rents as they become due and payable_ Upon aooderation under paragraph I8 hereof a abandonment of the Property. Lender shall be entitled to have a receiver appointed by a ~rourt to ente~rapon, take possession of and manage the Property and to collect the rents of the Property. induding those peat duo All rents collected by the receiver shall be applied first to payment of the costa of management of the Property and collection of terra, incl limited to, receivers fees, premiums oo receiver's hoods and reasonable alto s fees, and then to the sums scented this bat not racy' bq ortgage_'Ibe receiver shall be Gable to aoconnt only for those rents actaallq received_ r~ ~'^K~~ PtGE,~,Vp