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HomeMy WebLinkAbout2156 . .sue ~ a 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the property, provided that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest is the Property. 9. Condemnation. The proceeds Many award or claiia for damages, director consequential, in rnnnection with aqy condemnation or ether taking of the property, or pad thereof, or for conveyan'be`in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, We proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid b Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal b that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notion by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender ie authorir~ed to oolleM sad apply the proceeds. at Lender's option, either to restoration or repair of the property or to the auras secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any each application of proceeds to principal shall not eztend or postpone the due date of We monthly installments referred to in paragraphs 1 and 2 hereof or change the amount. of such instalhnente. 10. Borrower Not Released. Extension of the time for paynrsnt or modification of amortization of the sums secured by this Mortgage granted by bender to an; successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortisation of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower s successors in interest. 11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in ezercising any right or remedy hereunder, orotherwiae afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of tares or other Rena or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12 Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity. and may be e:excised concurrently, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof: All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for covenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) 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 Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) sny notice to Lender shall be given by certified mail, return receipt *equeated, to Lender's address stated herein or to such other address as Lender 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. 15. Uniform Mortgage; Governing law; Severability. This form ofmortgage combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. This Mortgage shall be governed by the law of the jurisdiction in which the Property 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 effect without the rnnflicting 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 famished a conformed copy of the Note and of this Mortgage at the time of execution or after rernrdation hereof. ' 17. Transfer of We Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower thout Lender's prior written rnnsent, ezcluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a ~,~1~ rchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint 1 tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, ~ declare all the soma secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property ie to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall k,~ ,bequest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interest has executed a ~~written assumption agreement accepted in writing by I.ender, Lenderahall release Borrower from all obligations under this Mortgage and the - Note. If Lender exercises such option to accelerate, Lender 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 n-,ailed 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, invoke any remedies permitted by paragraph 18 hereof. 18. Acceleration; Remedies. Except ae provided in paragraph 17 hereof, upon Borrower's breach of sny wvenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower ss provided iri paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial 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 foreclosure proceeding the non-ezistence of a default or any other defense of Borrower to acceleration and foreclosure. If the br!+ach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without furtherdemand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all ezpenaes of foreclosure, including, but not limited to, reasonable attorney's fees, and cosie+ of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstanding I.ender'sacceleration of thesumssecured bythi~ Mortgage, Borrowershall have the right to have any proceedings begun by Lender to enforce this Mortgage disrnntinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable ezpenees incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that W e lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the soma ser_ured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof of abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter•apon, take possession of and manage the Property and to collect the rents of the Property, including those past due. AU rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, bnt not limited to, receiver a fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums seeared by this Mortgage. The receiver shall be liable to acoounL only for those rents actually received. auoK3~ PAGE~~,S`# f