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HomeMy WebLinkAbout0877 • i~ ~ 8. IpapecUon. Lender may make or cause to be made reasonable entries upon and inspections of the property. provided that Lender shall giw Borrower notice prior to any such iwpection specifying reasonable cause therefor related to Lender's interest in We Property. 9. Condeasaatiort. The proceeds of any award or claim for damages. direct or consequential, is connection with any condemnation or older fairing of We propergr, or part thereof. or for eoaveyance in lieu of condemnation, are hereby assigned and shall bs paid to Lender. In the evsat of a total taking of the Property, We proceeds shall be applied to the suau secured by this Mortgage. with the esoaa, if any, paid to Borrower. Ia the event of a partial taking of the Property, unlea 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 to that proportion which We amount of the sums secured by this Mortgage immediately prior to We 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 notice by Lender to Borrower that the condemnor offers to make as award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorised to ooDect and apply the proceeds. at Lenders option. either to restoration or repair of the property or to the soma secured by this Mortgage. Unless Leader and Borrower otherwise agree in writing. any such application of proceeds to principal nhaU not extend or postpone the due date of the monthly irutallments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. - 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the some secured by this Mortgage granted by Lender to any successor is interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors is intereek Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the soma secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interesk 11. Forbearance by Lender Not a Waiver. My forbearance by Lender is exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the ezerciae of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness . secured by thin Mortgage. 12. Remedies Cumulative. All remedies provided in thin Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity. and may be ~ercise~l concurrently. independrntly or suooessively. 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 sad assigns of Leader and Borrower, subject to the provisions of paragraph 1?hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for rnvenieace only and are not m 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) say notice to Lender shall be given by certified mail, return receipt requested, 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 is this Mortgage shall be deemed to have been given to Borrower or Leader when given is the manner designated herein. 15. Uniform Mortgage; Governing Law; $everability. This form of mortgage rnmbines uniform oovenante for national use and non- uniform rnvenanta with limited variations by jurisdiction to constitute 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 thin Mortgage or the Note rnnflicts with applicable law. such rnnfiict shall not affect other provisions of thin Mortgage or We Note which can be given effect without the conflicting 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 furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 1T. Transfer of We Property; Aseumpdon. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender'F prior written consent, excluding (a) the creation of a lien or encumbrance subordinate 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 Wree years or lees not containing an option to purchase, Lender may. at Lender's option, declare all the sums 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 is 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 requesk If Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the C Note. ~ If Leader 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 fi om the date the notice is nailed within which Borrower may pay the soma 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. li 18: Acceleration; Remedies. Except as provided in paragraph 1? hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any some 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 snc6 breach; (3) a date, not leas 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 soma 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-existence of a default or any other defense of Borrower to acceleration 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 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 costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. NotwithstandingLender's acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage dieoontiaued at any time prior to entry of a judgment enforcing thin Mortgage if (a) Borrower pays Lender all soma 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 3orrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Leader's remedies as provided in paragraph 18 hereof, including. but not limited to, reasonable attorney's fees; and (d) Borrower taken such action ae Lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and Bon+ower's obligation to pay the sums secured 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 aeoeleratioa had occurred. Z0. 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 ender paragraph 18 hereof or abandonment of the Property. have the right to collect and retain arch rents as they become due and payable. Upon acceleration under paragraph IS hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enternpoa, take possession of and manage the Property and to collect the rents of the Property, including those peat due. All yenta collected by the receiver shall be applied first to payment of the costa of management of the Property and collection of rents, including. but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be Gable to account only for those yenta actually received. f i cc~~cc~~ p # BOOK JJ4 PeGE S~