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HomeMy WebLinkAbout0910 • • ' 'iii ~l i 8. 1 ne lion. Lender ma make or cause to be made reasonable entries upon and inspections of the property, provided that Lender shall Pce y ?;ivr Ilorrower notice prior tt, any such inspection specifying reasonable cause therefor related to I.ende~ • interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or coneequential, in connection with any condemnation or ( „thee taking of the property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the auma secured by this Mortgage, with the excess, if any, !„+id to Borrower. In the event of a partial taking of the Property, unless Borrower and bender otherwise agree in writing, there shall be :,pplied to the sums secured by this Mortgage such proportion of the procYCds as is equal to that proportion which the amount of the sums ~+vurcd by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to tl?edate of taking, with the balanca of the proceeds paid to Borrower. 1 f the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor otters to make an award or settle a ~•luim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorised to rnllect and .+{?{?ly the proceeds. at tender s option, either to restoration or repair of the property or to the sums secured by this Mortgage. li pleas Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due ~i:+tc• of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. ? 1[?. Borrower Not Released. F.xtenxion of the time for paym ant or madifiration otnmortizntion of the auma secured by this Mortgage ` r;tntecl by Lender to any successor in interest of liorruwer shall not operate to releaxe, in any manner. the liability of the original Borrower (1 nd Itc?nrower's successors in interest. Lender shall not be required to commence prcx•cc•+linga~gainst such successor or refuse to extend time t !~.r payment or otherwise modify amortization of the sums sccurect by this Mortgage by reason of any demand madeby theoriginal Borrower uui I~,m?wer'x succc•xsors in intrnxt. 11. i'orbearance by Lender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or otherwise ;+[[+,rded by applicable law, shall not be n waiver of or pn•clude the exercise of troy xuch right or remedy. The procurement of insurance or the ,•.+~•ment of taxes or other liens or charges by Lender xhal! not he n waiver of Lender'x right to accelerate the maturity of the indebtedness ~+•runvl by this 111ortgagc. 1'' Remedies Cumulative. All remediex provided in this Mortgage arc distinct and cumulative to any other right or remedy under this \U•rtra{te ur afforded by law or equity, and may t?e exercised cuncurn•ntly, inde{?c•ndently or auctiesaively. I:L Successors and Assigns Bound; Joint and Several [.iability; Captions. "I'he covenants and agreements herein rnntained shall mind. and the rightx hereunder xh:dl inure to, the rexpec•tive xucCC•rts+?ra and assigns of Fender and lic?rrower, suhject to the provisions of 1,;+ragraph 1?hereof. All covenants and agreements of Born?wer shall he joint and several. The cnptiona and headings of the paragraphs of thi. Murtg:?{;e am for covrnience ooh and are nut to Ix• usnl to interpret ur define the pn?vixiuns herecd. ! a. Notice. M:xcept for any notice nquired under applicable law to !?e given in souther manse, ta) anv notice to l~,rrower provided for in t hi. ~1urt{;a{;e shall I,e given by mailing such notice by certifiers mail addrexscct b? Itorn?wer ut the I'ro{Harty Adrlresa ur ut such other address as h,~rrowcr may designate by notice to Lender as provided herein, and Ib) any nt?tirn to Lender shall he given by certified mail, return receipt ratu+•sted, to l.ender'x address stated herein or to xuch other address ax Lender may dewignate by notice to Burrower as provided herein. Any •ure proeided for in this Mortgage shall be deemed to have been given to li+?rrower or I gender when given in the manner designated herein. l l'n iform Mortgage; Governing have; Severabi lily. This form of nu,rtgage n?mhincs uniform a?vc•nanta for national use and non- uni[onn covenants with limited variations by jurisdiction to a?nstitute a uniform security instrument covering real property. This Mortgage -h;+11 h.• governed by the law of the jurisdiction in which the Property is h,cated. In the event that any provision or clauxe of this Mortgage or i,.• \ote conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Kole which can be given effect :•:,thuut the rnnflicting provixion, and to thix end the yn?visiunx of the Mortgage and the Nole area declared to Ix• severable. t G. Barrower's l'opy. li+?rrower xhall Ix• furnixhcd a conformed +r,py of the Kotr and of thix M+?rtgage at the time of execution or after • ~ •,rdation hereof. 1 Tnenate•r of the P-operty; Ayvumption. If all or any part of the 1'mlx•rty or an interext therein is xold or transferred by Borrower . r . about Iwv?der's prior written consent, excluding ta) the creation of a lien ur encumbrance sat,ordinate to this Mortgage, (b) the ereatiun ota , rrhoxe money xecurity interest for hou.•tehuld :eppliancex• (c? a tr:u?s[rr by devise, dr:ux•nt or by operation of law upon the death of a joint : " + ,ant +,r tdl the grant of any leasehold inten•st of three years ur less nut er?nbcining an option to purchase, Lender may, at Lender's option, i•~rL+n• all the sums see•unrt by this Mortgage to he immediately due and p:ey:d?le. I ~•nder xhall have waived such option toaccelerateif,prior : the sale or transfer, Lender and the person to whom the Property is to he sold ur transferred reae•h agreement in writing that thecreditof such /Y ; ~ r,,,n is .atisL•+cb,n• t+? I.c•nder and that the inte•rext payable on the soma xer•ur+rt by this Mortgage shall he at such rate as Lender shall r ~tw•~t. If Lender has N•a:verl the option to acceler:te provided in this paragr.,ph 17, and if Borrower's successor in interest has executed a ! J eaten as.umption ay,~reemrnt an-rpttrt in writin{; by Lender.I,enderxhall mleaselt+,rn,werfn,m allobligationaunderthiaMortgageandthe t+1 f lender exercises such option to accelerate, l.e•nder shall mail Borrower notice of acceleration in acrnrdance with paragraph 1! hereof t ~~.n~hnnticeshallprovideaperiodofnotlesthanal?daysfn,mthedatethenotiecisrr,aileriwithinwhichBorrowermaypaytheaumadedared ! I,:.• 1[ Burrower fails to pay such sums prior t+• the expiration of such peri«I. Linder may, without further notice or demand an Borrower, 'i n~oke any remediex permitted by par.+}craoh IM hercr,f. ! Iri. Acceleration; Remedies. Mxcept as provided in paragraph 1? hereof, upon Borrower's breach of any covenant or ,?;rrement of{torrower in this Mortgage, including the ccrvennnis to pay when due any sums secured by this Mortgage, Lender ; ,riurtoaccelerationshallmailnolicetoBorrowprasprovidedinparagraphl4hereofapecifyinq:(1)thebreach;(2)theaction ~ ,-+•quind to cure such breach; l3? a date. not leas than 30 days from the date the notice is mailsd to Borrower, by which such !,r+•ach mutit bc• cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in .o•celerat ion of the sums secured by this Mortgage. foreclosure by judicial proceeding and sale of the Property.The noticeshall [:,ether inform Borrower of the right to reinstate aRer acceleraticn and the right to assert in the foreclosure proceeding the non-tixistence of a default or any other defense of Borrower to accek ration and foreclosure. ~t•the breach is not cured on or h,•forv the dates specified•.in the notice: Lender at hender'x option may dec'tare all of the sums secured by this Mortgage to be ,rnmediatelydueandpayablewithoutfurtherdcmandandmayfon•ck?yethisMortgageby judicial proceedin~.Lender~hallbe . ant itlc•d to collect in such proceeding all expenses of foreclosure, including, but not limited to. reasonable attorney's fees, and ~,,.t!: of documentary evidence. abstracts and title reports. 1!?. Borrower's Right to Reinstate. Notwithxtanding I••nder'sacceler:,tiono[thesumsaecured by thisMortgage, Rorrowershallhave ri{;ht to have any pn,ceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing shin Mortgage if: (n) Ilormwer pays Lender all sums which would 1?c• then due under this Mortgage, the Note and notes securing Future .\dvances.ifany,hadnoacceleration+xrurred;tb)BorrowercuresaNhrnacheaofanyothern,venantsoragreementsofBorrowercontainedin ? s i,+n ~tortgagr, ic) B+?rn?wer pays all re:ts+?nable expenses incurred !?y Lender in enforcing the covenants and agreements of Borrower ! mtained in this Mortgage and in enforcing [.ender's remedies as provided in paragraph Ili hereof, including, but not limited to, reasonabk? F ,aurne>'xf+•c•s;andtd?li+?rrowertake8aurhactinnaxLendermeyreaaonablyrequiretoaaaurethatthelienofthialNorigage,l.ender'sinterest ~ , n the Property and Borrower's obligation to pay the auma secured by thix Mortgage shall continue unimpaired. Upon such paymentand cure i hti It+,rn,wer, thin Mort)age and the ohhgationa secured hereby shall remain in full force and e(feM ss it no acceleration had occurred. •!u. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents ~f the Property, provided that Borrower shall, prior to acceleration under paragraph 1R hereofor abandonment of the Property, have theright t~, collect and retain such yenta as they become due and payable. ~ t tpon acceleration under paragraph IA hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a ,curt to enter upon, take possession of and manage the Property and to rnllect the rents of the Property, including those past due. All rents 1 , „Il+rted by the receiver shall be applied first to payment of the coats of management of the Property and colleMion of rents, including, butnot i I,tnited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the auma secured by this Mortgage. The r+r~eiver shall be liable to account only for those rents actually received. ~ R - S a~ ~z P~ ~