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HomeMy WebLinkAbout2898 • , t , • • S. Inspection. Lender may make or cause b be made reasonable entries upon and inspections of the property. provided that Lender shall give Borrower aotiae prior b any ouch inspection specifying reasonable cause therefor related b Lender's iaterast in the Property. e. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of the property, or part thereof, or for oonveyanee in lieu of condemnation, are hereby assigned and shall be paid b Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the ezcess, if any, paid b Boreower. In the event of a partial taking of the Propearty, unless Borrower and Lender otherariee agree in writing, Were shall be applied b We sums secured by Wis Mortgage ouch proportion of We proceeds as is equal b Wat proportion which We amount of We sums secured by this Mortgage immediately parlor b We date of taking bears b the fair market value of We Property immediately prior b We date of fairing. wild We balanoa of the proceeds paid b Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender b Borrower Wat the oondemaor offers b make an award or settle a • claim for damages, Borrower fails b respond b Lender within 30 days after We date such notice is mailed, Lender is auWorimd b collect and apply We proceeds, at Lender's option, eiWer b restoration or repair of We proper4Y or b We soma secured by lhis Mortgage. Unless Lender and Borrower oWerwiae agree in writing, any such application of proceeds b principal shall not extend or postpone the due date of the monthly inatalhneuta referred b in paragraphs 1 and 2 hereof or change We amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender b any successor in interest of Borrower shall not operate to release, in any manner. We liability of the original Borrower and Bon+ower's successors in interest. Lender shall not be required b commence proceedings against such successor or refuse b eztend time for payment or otherwise modify amortization ottee sums secured by Win Mortgage by reason of any demand made by the original Borrower and Borrower's successors in intercet. 11. 1?orbearence by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or oWerwiae 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 fazes or older liens or charges by Lender ahaU not be a waiver of Lender a right b aecelerate We maturity of the indebtedness secured by Wis Mortgage. • 12. RemedIee Cumulative. All remedies provided in W is Mortgage are distinct and cumulative b any other right or remedy under this Mortgage or afforded by law or equity, and may be e:erciseti concurrently, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The oovenanta and agreements herein contained shall . bind, and the rights hereunder shall inure b, We respective aucceasora and aaeigas of Lender and Borrower, subject b We 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 eovenience only and are not b be used b interpret or define We provisions hereof. 14. Notice. Except for any notice required under applicable law b be given in another manner, (a) any notice b Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed b Borrower at the Property Address or at such other address as Borrower may designate by notice b Lender ae provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, b Lender's address stated herein or b such older address as Lender may designate by notice b Borrower as provided herein. Any notice provided for in Wis Mortgage shall be deemed b have been given b $orroweror Lender when given in We mannerdeaignated herein. 15. Uniform Mortgage; Governing Law; Severability. Thin form ofmortgage combines uniform oovenanfa for national use and non- uniform covenants wild limited variations by jurisdiction b oonatitute a uniform security instrument covering real property. 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 wild applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and b this end We provisions of We Mortgage and We Note are declared b be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed Dopy of the Note and of this Mortgage at the time of execution or after recordation hereof. ~7. Transfer of the Property Assumption. If all or any part of the Property or an interest Werein is sold or transferred by Borrower .1 without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate b this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c)at:anafer by devise, descent or by operation of law upon We deaW of a joint '1 i~ tenant or (d) the grant of any leasehold interest of Wree years or less not containing an option b purchase, bender may, at Lender's option, declare all the soma aecaarea by Wis Mortgage to be immediately due and payable. Lender shall have waived such option baecelerate if, prior to the sale or transfer, Lender and the pennon b whom the Property is b be sold or transferred reach agreement in writing that the credit of such f- ~ f ,person is satisfactory b Lender and that We interest payable on the sums secured by Wis Mortgage shall be at such rate as Lender shall request. If Lendertaas waived the option to accelerate provided in this paragraph 17, and if $orrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lenderahall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option b accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph ld hereof. Such notice shall provide a period of not leas than 30 days from the date the notice is mailed within which Borrower may pay theaums declared due. If Borrower fails to pay such sums prior b 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 as provided in paragraph 17 hereof, upon Borrower's breach of any covenant 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 as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not lees 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-ezistertce of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date apexified in the notice, Lender at Lender's option may declare all of We sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and coats of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the soma secured by Win Mortgage, Borrower shall have the right b have any proceedings begun by bender to enforce Wis Mortgage discontinued at any time prior b entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all soma which would be then due under this Mortgage, the Note and notes securing I~uiure Advances, if any, had no acceleration occurred; (b) Borrowercures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred•by Lender in enforcing We covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies ae provided in paragraph 18 hereof, including, but not limited b, reasonable attorney's foes; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in We Property and Borrower a obligation b pay We sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and We obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. Z0. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns b Lender the rents of the Property, provided that Borrower shall, prior b acceleration under paragraph 18 hereof or abandonment of the Property, have the right b collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled b have a receiver appointed by a court tenter-upon, take possession of and manage We Property and b collect We rents of the Property, including those peat due. All rents collected by the receiver shall be applied first b payment of the costa of management of the Property and collection of rests, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable atbrney'a fees, and Wen b We sums secured by Win Mortgage. The receiver shall be liable b aeoount only for Woee rents actually received. • 8328 Pa~E2~397