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HomeMy WebLinkAbout2885 ~ ~ - ~ . e. Inspedioa. Leader may mak. or caa« to bs made reawnable entries upon and inspections of the property. provided thatLender shall giw Borrower notice prior to aqy such inspection specifiying eeasonabk cause W~efor -reia~ to leeader's interest in tM Propeetr. 9. t3oadearaation. The proceeds of aWr awned or claim for damages. direct oe ow»egwntial. is oonnectioa with any oondemoatiro oe other taking of the propaxgr, ere part thereon, or for oonwyae?as in ban of oondemnatioea. ors herby asdgned and shall be paid to Lender. In tM even::.~` '^tal taking of the Property, the p:ooeede shall be applied to the sums secured by this Meetgage, with the easeess, it any. paid to Borrower. In the event of a partial taking of tM Property, rinlas Boerowee sad Lender oWerwiss agree is writing, there shall be applied to the sumo aerated by this Mortgage s»ch proportion of the proceeds a• is equal to that proportion which the amount of tbs soma secured by this Mortgage immediately prior to the dots of taking bears to the fair marled vabe of the Property iurtellr prior to the date oI taking, with the balanw of the peooesde paid to Borrower. Tf the Property is abandoned by Borrower, or if. after notice by Leadec tD Bserower that the condemnor ogees to make an award or settle a claim for damages. Borrower fails to respond to Leeider within 30 days after the date each notice is mailed, Lender is aatboeized to oolledand apply the proceeds, at Lendea~'s option, either to eedoratioa ere repair of the property or to the same ssearsd by this Mortgage. Unless Lenderand Borrowerotheewiss age+esinwdting,anysnehappHcatioaofproossdstoprineipalshaA notestsndorpostpo~nethsdue date of the monthly installrraaats referred to in paragnplu 1 aed $ hereof or change the amount of such installments. 10. Borrower Not Released. Estension of the time for psym3ett or modification of amortisation of the sums secured by this Mortgage granted by Lendec to any sneoeasor is interest of Borrower shall not operate to release. in any mriaaer, the liability of the original Borrower and Borrower's suaoosssore is interest. lender shall not be required to cemmence ~oosedings against such suecewor or refuse to aztead time for payment or otherwise modify amortization of the sums eeivred by this Mortgage by reason of any demand made by the original Borrower and Borrower's sncoesaors in interest. 11. Forbearance by Lender Not a Waiver. Any forbearance by Leader in ezeecising any right or remedy haeeamder, a<otherwise afforded by applicable law. shall not be a waiver of or preclude the ezercise of any arch right or remedy. The procurement of inenranca ac the payment of fazes or older liens or charges by Leader shall ant be a waiver of Lender's right to aooeierate the maturity of the indebtednea secured by this Mortgage. 12 Remedies Camalative. All remedies provided in this Mortgage an diatind and wmaladwlo any other right oar remedy Hader this Mortgage os afforded by law or equity, and may be e:eraaeed ooncurrwtly. independently or snoceasively. 13. ~ooessors and Aesiprs Hound: Joint and Several Liability; Csptioas. The covenants end agreements herein ooatained shall bind, and We rights hereunder shall inure to, the respective aueoessors and assigns of bender and Borower, subject to the provisions of paragraph 17 hereoL All covenants and agreemarte of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for covenicece only and are not to be used to interpret or define the provisions hereoL 14. Notice. E:oept for any notice required ender applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailingsnch noticeby certified mail addressed to Borrower atthe Property Address or at such other address as Borrower may designate by notice to leader ce provided herein, and (b) any notice to header shall be given by certified mail, return reoaipt requested, to Lender's address stated herein or to each other address as Lender may designate by notice to Borrower as provided her+eia. Any notice provided for in this Mortgage shall be deemed to have bear given to Borrower or Lender when given in the manner designated herein. 15. Uniform >Hortgage; Governing Law; Severabilitlr. This form of mortgage combines uniform covenants for national use and non- uniform covenants with limited variations by jnrisdidion to constitute a uniform security instrument cevering real property. This Mortgage sh all be governed by the law of the jnrisdidion in which the Properly is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given egad without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. 1& Borrower's Copy. Borrower shall be furnished a conformed Dopy of the Note and of this Mortgage at the time of ezecatioa or after recordation hereof. 17. Transfer of the Property: Assumption. if all or any purl of the Property or as interest Werein is sold or transferred by Borrower without Lender's prior written consent, encluding (a) the creation of a lien or encumbrance suberdinate 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 lees not containing an option to purchase, Lender may, at Lender's option, declare all the arms aecureat by this Mortgage to be immediately due and payable. Lender shall have waived each option to eooderate if, prior the sale or transfer, Lender and the person to whom the Property is to be sold ce transferred reach agreement in writing that the credit of such a is satisfactory to Lender and West the interest payable on the soma secured by this Mortgage shall be at arch rate as Lender shall ~ request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has ezecuted a written assumption agreement accepted in writing by Larder. Lender shall release Borrows from all obligations ender this Mortgage and the C.htote. .Y v If Lerader ezercises such option to accelerate, Lender shall mail Borrower notice of aoreleratioa in aceardance with paragraph 14 ha+eoL Such notice ahaU provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay each sums prior to the ezpiration of such period. Lender may. wildcat further notice or demand on Borrower, invoke any remedies permitted by paragraoh 18 hereoL 1R. Acceleration; Remedies. Ezcept as provided in paragraph 17 hereof, upon Borrower's breach of aqy covenant or agreement of Borrower in this Mortgage, including the ooveaants to pay when doe any cams 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 care such breach; (3) a date, not leas than 30 drays from the date the notice is mailed to Borrower, by which each breach mast be cared; and (4) that failure to sure such breach on or before the date epectfied in the notice may result in acceleration of the soma secured by this 114ortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate alter acceleration and the right to assert in the foreclosure proceeding the non•eustence of a default or say other defense of Borrower to aoeeleratioa 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 retested by this Mortgage to be i mmediately due and payable without farther demand and may foreclose this Mortgage by judicial proceeding.Leader shall be entitled to collect in such proceeding all ezpensea of foreclosure, including, bat not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reiaatate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage disoontinned at any time prior to entry of a jndgma?t enforcing this Mortgage ifi (a) Borrower pays Lender all sums which world be then due ender this Mortgage. the Note and notes securing Fntnre Advances, if any, had no acceleration occurred: (b) Borrower cures ali breaches of any other covenants or agreements of Borrower contained in this Mortgage: (c) Borrower pays all reasonable ezpenses incurred by Leader in enforcing the covenants and agreements of Borrower contained in this Marrtgage and in enforcing Lenders remedies as provided in paragraph 18 hereof, including, bat not limited to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to essnre West We lien of this Mortgage, leader's intered in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon each payment and cure by Borrower. this Mortgage and the obligations secured hereby shall remain in fall force and effect as if no ac~oeleredion had oxarred. 2(1. Assignment of Rents; Appointeaent of Receiver. As additional security henamder, Borrower hereby assigns to Lander the rents of the Property, provided that Borrower shall, prior to aooderation under paragraph 18 hereof or abandonment of the Property, have the right to Dolled and retain each rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a r~eoriver appointed by a court to eater.npon, take possession of and manage the Property and to Dolled the rents of the Property. including those pad due. All rents oolleded by the reodver shall be applied first to payment of the caeb of managemeatof the Property and eoUection of teats, including, bat not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and Wen to the sums secured by this Mortgage. The receiver shall be liable to aoeoant only for those rents actually received. xx coq 3~J P1GEI.,~~