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HomeMy WebLinkAbout0468 8. Inspection. Lender may make or cause to be madereasonable entries upon and inspections of the property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim [or damages, direct or consequential, in connection with any condemnation or other taking of the property, or part thereof, or for conveyance in lieu of rnndemnation, are hereby assigned and shall be paid to !.ender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. unless Borrower and [.ender otherwise agree in writing, there shall be applied to the sumo secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the Bums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to thedate of taking, with the balanca 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 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 is authorized to collect and apply the proceeds, at l.ender'e option, either to restoration or repair of the property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone thedue date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of ouch installments. 10. Borrower Not Released. Extet+aion of the lime for payment or modification of amortization of the sums secured by this Mortgage granted by [.ender to any 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 amortizt+tion of the sums secured by this Mortgage by reason of any demand made by theoriginal Borrower :+nd Borrower a successors in interest. 1 I. Forbearance by Lender Not a Waiver. Any forbearance by !.ender in exercising any right or remedy hereunder, or otherwise 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 taxes or other liens or charges by Lender shall not be a waiver of Lender a 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 exercised 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 chid Borrowei,~subject to the provisions of paragraph I? hereof. All covenants and agreements of Borrower ahall,be joint and eeveraL 7~e captions and he~inga of the paragraphs of this Mortgage are for covenience only and are not to be used to interpre~ors~sfir+~th`e provisions hereof. ~ 14. Notice. Except for any notice required under applicable law to be given in another manner, la) 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 ae Forrower may designate by notice to Lender as provided herein, and Ib) any notice to Lender shall be given by certif ed mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower ae.~rovided herein. Any notice pro~~ded for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mannet~eaignated herein. 15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to rnnstitute a uniform security instrument covering real property. TAia Mortgage .hall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause otthis 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 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 rnnformed rnpy of the Note and otthis Mortgage at the time of executiotl or after recordation hereof I?. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, fbl 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 less 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 request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's suceessor in interest has executed a f written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the ote. j if Lender exercises such option to accelerate, (.ender shall mail Borrower notice of acceleration in accordance with pazagraph 14 hereof f loch notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay thesums declazed due. If Borrower fails to pay such sums prior to the expiration of such period, Ixnder may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1R hereof. i 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant ar agreement of Borrower in this Mortgage. including the covenants to pay when due any sums secured by this 1~lortgage, Lender 1 prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2? the action I required to cure such 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 apecif;ed 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 procteding the non-existence of a default or any other defense of Borrower to aceeleration and foreclosure. If the breach ie not cured on or I before the date apeci[ied in the notice, Lender at Lender's option may declare all of the sums secured by thin 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 costa of documentary evidence. abstracts and title reports. 19. Borrower's Right to Reinstate. NotwithstandingLender's acceleration of thesums secured by this Mortgage, Borrowershall have s the right to have any proceedings begun by Lender to enforce this Mortgage discontinued 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, it 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 expenses incurred by Lender in enforcing the covenants and agreements of Borrower ~a contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fens; and Id) Borrower takes such action as !.ender may reasonably require to assure that the lien of this Mortgage, Lender's interest t in the Property and Borrower'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 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 hereofor abandonment of the Property, have theright ! to 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 to have a receiver appointed by a ~ court to enter.upon, take possession of and manage the Property and to co11eM the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to pay~rnent of the costs of management of the Property and collection of rents, including, but not limited to, receiver a fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. t F - i BGIOK ~ PdGE ~S7