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HomeMy WebLinkAbout1841 ~ .f. fl. Inspsotiaa. Lender may maw orcaose tobemaden..oaabl.entriesciponandinepectiooadth.p~operRy.providedthatLsadee.h.u si.e Boerowee aotio. print b any arch inspection epeciyins:wsonableraws theeetce related to Iwoder'. inbr.d is the Propecq?. 9. Coodamoatfioa. The proceeds d aglr award or claim toe damasea, direct a ooasegwntial, in ooaaectba with nay oondemnatioa a othse tabus d the propeegr, a part thereat. or toe oonveyanoe in ties d condeogoatioa, are herby aseisned a~ shall b paid to Leader. In the swat d a total !skint d the Propety, the peooesds shalt be applied to the sums seennd by thin 1[aetsase, with the esoeae„ u any. paid to Boerowee. In the went d a paella! tabus d the t?ropeel'Y. unless Boerowsr and Leader otMewise sires is wsitins, tore shaD be applied b the arms eeweed by thin Maettate tack propoetion d the prooads as i• equal b that peopoetioa whkh the amount d the sow secured by this Mucilage immediately peiae to the dab d lattices beam b the tair masttet valor d the Peopeety immediately prioetothe date d tabus. with the balance d the peoasda paid b Baerower. • Uthe Properq~ is abandoned by Boerowee, ore ii: aikr notion by Leader to Boerowee that the condemnoroflfees /omaks an award or settM a claim toe damages. Haee+owee Lila m eespoad to Leader within 30 days arise the deb such notees i. mailed, Leadee i. aathosised to odled and apply the proceeds. at Iwnder'a option. either b eedoratlon or repair of the propsr~? or to the sums secured by this II[atrttags. Unless Iwntleraad t3ore~oweeothsewiss atrssinwritbs,anj?sachappticationotproceaLtopeintctpalshallnotestendorpostponethedns date d the monthly indaltmeab eefarred to in paragraphs 1 and Z hereof or Manse the amount of such installmeab. 10~. Borrower Nat Released. Bstauion of the time for payment or modiltcatioa damortisation othhe sums secured by this Mortgage' : granted by Lender to aqy saooeaor in intered d Borrower shall not operate to reissue. in any manner. the liability dthe aeiginal Boeeower~ and Borrower's wooessors in interest. Leader shall not be required to oonumarce proosedings against such saocessoc or refuse to e~stend time for payment or otherwise modify amortisation of the sums se~vred by this Mortgage by reason of any demand made by the aripnal Borrower' and Bonowe~s succapson in interest. ` 11. Forbearance by Lender Not a Waiver. Any forbearance by Fender in e~sertadng any right or reanedy herenndw, or otherwise afforded by apptiabk law. shall not be a waiver of or preclude the eserdse at any such right os remedy. The psocarement of irunrance se the payment of lases ore other liens oe charges by Fender shalt not be a waiver of Lender's sight to aooelerate the maturity d the iadebtedaees second by this Mortgsga - ~„____L__~__.1_J S_alS~1L~~~~~i:..,. w• w.l ....w•elw~:ew •w wore .J~r s~sl.~w ~w.~e ewaer ~~iw - 16. isemeaiee NimYaiiwe. nu iauaa,w ~,CV~wwa,u ,a„o ww,d•w o.v.w..u..• G...............ww.........y W Mortgage o! affoeded by taw or egmty, and may be esee~Ctserl ooacnrreatly, wdependendy or wooerively. 13.8nooeaora and Asdgns BOUnd; Joint and Several Liability; Captions. The oovenanb and agreemeab herein contained shall bind, and the righb henander shall inure t0. the nepective snooeesoa and assigns d Deader and Borrower, snbjed to the provisions of paragraph 17 hereoL All covemnb aml agreemenb of Boreower shall be joint and several. The txtptioas and headings of the paragraphs d this Mortgage are for eovenienee only and an not tD be used to interpret or define the provisions hereoL 14. Notice. E:Dept for any notice required Hader applicable law to be given in another manna, (a) any notice to Borrower provided for in this Mortgage shall begivea by mailing each notice by oerti5ed mail addressed to Borrower at the Property Addnes 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 oerti5ed mail, eetarn receipt requested, to Lender's address stated herein or to such other address as Leader may designate by notice b Borrower as provided herein. Aqy notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Sortgage; Governing Law: f3everability. This form of mortgage combines uniform ooveaents far national use and non- uniform cmrenanb with limited variations by jmisdidion to oonstitpt4 q security instsam~t oovdring real property. This Mortgage shall be governed by the law of the jurisdiction in which the property is lo~a~In the event that any prmrision or clause of this Mortgage err the Note eonflicte with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given eftet* without the conflicting provision, and to this sad the provisions of the Mortgage and the Note are declared to be severable. lli. Borrower's Copy. Borrower shall be furnished a conformed Dopy of the Note and of this Mortgage at the time of ezecation os after recordation hereoL 1T.1~anafer of the Prouest~ Aswmntion. If all ce arty part of the Property or an intered therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase mosey 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 yeah err lees not containing an option to purchase,Lender may, at Leader's option, declare all the rams secures by this Mortgage to be immediately due and payable. Lender shall have waived such option to a~ooekrate if, prior the sale or transfer. Lender and the person to whom the Property is to be sold os transferred Hach agreementin writing that the creditof such is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall If Lender has waived the option to aooelerate provided in this paragraph 17. and if Borrower's enooessor in interest has esecnted a asanmption agreement accepted in writing by Lender, Lender shall release Borrower firom ell obligations ender this Mortgage and the N If Lender exercises such option to aaxlerate, Lends shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the arms declared due. If Borrower fails to pay arch sums prior to the ezpiration of such period, Lender maY. without fiuther notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. 18. Acceleration; Remedies. Escept as provided in paragraph 17 hereof, upon Borrower's breach of aqy eovensat or agreement of Borrower in thin Mortgage, including the covenants to pay when due any sums warred by this )Mortgage, Lender prior to acceleration shall mall notice to Borrower as provided in paragraph 14 hereof spedfyIng: (1) the breach; (2) the action required to care each breach; (S) a date, not leas than 30 days !from the date the notice i. mailed to Borrower, by which such breach mwt be cnr+ed; and (4) that failure to care such breach on or before the date speciNed in the notice may result in acceleration of the sums secured by this Mortgage, toreclosure by ~rdicial proceeding 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 foreclowre ps~ooeeding the non-ezistenoe of a default or any other defense of Borrower to acceleration and foreclontre. 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 same secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by 3adidal proceeding. Lender shall be entitled to collect in such proceeding all ezpeases of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of doarmentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. NotwithstandingLender's aooeleration ofthesums secured by this Mortgage. Harrower shall have the right to have any proceedings began by Lender to enforce this Mortgage disooatinned at any time prior to entry of a judgment eafor+tang this Mortgage ii: (a) Borrower pays Lender all sums which would be than due ender this Mortgage, the Note and notes securing Future Advances, if any. had no aooeleratiaa oecarred; (b) Borrower cures all breaches of any other covenants or agreemenb of Borrower contained in thin Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader in enforcing the oovenanb and agnemenb of Borrower contained in this Mortgage and is enforcing Lender's remedies w provided in paragraph 18 hereof, including. but not limited to, reasonable attamey's fees; and (d) Borrower takes such action as Leader may rmsortably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall oontinae unimpaired. Upon arch payment and lane by Borrows. this Mortgage and the obligations secured hereby shall remain is full force and effect as if no acceleration had oanrred. 20. Assipinent of Rents; Appointment of 13eoeiver. As additional security hereunder, Borrower hereby assigns to Linder the rents of the Property, provided that Borrower shall, prior to aooeleration under paragraph 18 hereof os abandonment of the Properrty, have the right to ooDed and retain such reab m they become dw and payable. Upon acceleration under paragraph 28 hereof or abandonment of the Property, Lender shall be entitled to have a receives appointed by a court to mterapon, take possession of and manage the Property and to collect the renb of the Property, including those pad due. All rents collected by the r+eeeiver shall be applied first to payment of the eosb of managemeatof the Pcoparty and collection of Hats, inducting. bntnot limited to. receiver's fees, premiums on reoeives's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to aeooaat only for those r+eats actually received. 486 P~cE2~634