HomeMy WebLinkAbout1177 8. Iaspectioa. I~nder may make or cause b be made reasoaabk entries upon and inapectiona of the property.provided that Lender shall
give Borrower notice. prior b any such iwpedioa specifying ressoaabk cattle tl~efar elated b Larder's interest in the Property.
9. Cooderartatioa. The proceeds of any award a claim for damages, direct a eoasegttattial, in eonnectioa wiW any condemnation or
other taking of the ProPertl?. or part thereof. or for conveyance is lira of condemnatiaer, are hereby assigned and shall be paid b Lender.
In the event of a total taking of the Property. the proceeds shall be applied b the antes secured by thin Mortgage, wiW the e:cea, if say.
paid b Borrower. In the evert o[ a partial talons o[ the Property. unless Borrower aced Larder odrerwise agree in writing, there shall be
applied b the sums accrued by this Martsase loch proportion of the poceeds o is equal to that proportion which the amount of the sums
secured by this Mortgage immediately prior b the date o[ fairing bears b the fair market value of the Property immediately Prior b the date of
taking. wiW the balancer of the proceeds paid b Borrower.
If We Property is abandoned by Borrower. or ~ after notice by Lender b Borrower that the condemnor offers b make an award or settle a
claim for damages, Borrower fails b respond b Lender within 30 days after the date sock notice is mailed, Lender is authorized to collect and
apply the proceeds, at Landers option. either b eerAoratioa or repair of the property err b the sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writia~, any only application of proceeds b principal shall not extend or postpone the due
date of We monthly installments referred b is paragraphs 1 and 2 hereo! or drange the amoont of such installments.
10. Borrower Not Released. Eztension of the time for Paym=nt err modification of antortizalion of the sums secured by this Mortgage
granted by Lender b'any suoceasor in interest of Borrower shall not operate b release. in any manner, the liability of We original Borrower
and Borrower's suoceasons in interest. Larder shall not be regnired b commence proceedings against such successor or refuse b a:tend time
for payment or otherwrise modify amortization othee soma assayed br thief Mortgage by reason of any demand made by the original Borrower
and Borrowei
s auocessors in interest.
11. Forbearance by I.ender~Not a Waiver. Any forbearance by Lender in ezeecising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or prednde the e:eetase of any such right or remedy. The procurement of insurance or the
payment of tatcea or other liens err dtarges by Leader shall not be a waiver of Lender's right b accelerate the maturity of the indebtedneea
secured by this Mortgage.
12 Remedies Cttmttlative. All remedies provided in this Mortgage are distinct and cmm~lative b any other right or remedy ender this
Mortcage or afforded by law or equity, and may be exercisal mncareently, indepatdently or snceeaeively_
13. Snocessors and Assigns Bound; Joint sad Several Liability; Captions. The eovetrants and sgreemente herein contained shall
bind, and the rights hereunder shall inure to, the respective aneeeasors and assigns of Lender and Borrower, subject b the provisions of
paragraph 17 hereof All covenants and age+eernenta of Borrower shall be joint sad several. The captions and headings of the paragraphs of
this Mortgage are far eovenience only and are not b be used b interpret or define the provisions hereof.
14. Notice. Except for any notice required Hader applicable law to be given in another manner, f a) any notice to Borrower provided for in
this Mortgage shall be gives 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 Larder as provided herein. and Ib) any notice b Larder shall be given by certified mail, return receipt
requested. b Lender's address stated herein or b such orbs: address as Lender may designate by notice b Borrower as provided herein. Any
notice provided for in this Mortgage shall be deemed b have been given b Borroweror Lender when given in the manner designated herein.
15. Uniform Mortgage; Governing Law; Severability_ This form of mortgage combines uniform covenants for national use and non-
uniformcovenants with limited variations by juriadidion to oonstitnte a uniform security inatrun:ent covering real property. This Mortgage
shall be governed by the law of the jurisdiction in which the Property is located. In the event that : ny provision or dauae of this Mortgage or
the Note rnnflicts wiW applicable law, such eoatlict shaA 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 delayed to be severable.
16. Borrower's Copy. Borrower shall be fnrniahed a conformed Dopy of the Note and of this Mortgage at the time of execution or after
recordatio:r hereof.
1 T. Tr'aasfer of the Property; Asaumptioa. U all or any part of the Property or an interest therein is sold or transferred by Borrower
without Lender
s prior written consent, a=doling (a) the creation of a lien or earnmbrance aubordinate_to this Mortgage, (b) the creation of a
~ purchase money aectrity interest for household appliances, !c) a transfer by devise, dcecent or by operation of law upon the death of a joint
tenant or (d) the grant of any leasehold interest of three yearn or leas not containing an option b Purchase. Lender may, at Larder's option,
j declare all the soma secured by this Mortgage b be immediately due and payable. Lender shall have waived snc6 option to accelerate if, prior
~ , to the sale or transfer, Lender and the person b whom the Property is b be sold or transferred reach agreement in writing that the credit of such
~J person is satisfactory b Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as [.ender shall
request. If Lender has waived the option b accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
written assumption agreement accepted in writing by I.ender. Lender shall release Borrower from all obligadona under this Mortgage and the
ti ore.
If Lender exercises such option b accelerate. Lender shall mail Borrower notice of aeoeleration in accordance with paragraph 14 hereoL
Such notice shall provide a period otnot lean than 30 days from the date the notice is trailed within which Borrower may pay the sums declared
due. If Borrower fails to pay such sntns prior to the expiration of such period. Lettdes may. without farther notice or demand on Borrower,
invoke any remedies permitted by paragraoh 18 hereoL ,
18. Acceleration; Remedies. Ezeept as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage, iacltrding the ooveaants to pay when due any soma secured by Wis 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; l3) a date, sot leas than 30 days from the date the notice is mailed to Borrower, by which such
breach moat be cured; and (4) that failure to cmre snda breach on or before the date specified in the notice may result in
acceleration otUre sums secured by this Mortgage, foreclosure by judicial pe+ooeeding sad sale of the Property. The notice shall
further inform Borrower of the right to reinstate aRer acceleration and the re;6t to assert in the foreclosure proceeding the
non•ezistence of a default or say other defense of Borrower to s~eoeleratioa sad foreclosure. If the breach is not cured on or
before the date specified in We notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be
immediately due sad payable without fartherdemaod and may foreclose this Mortgage by judicial proceeding. Lender shall be
entitled to collect in such proceeding all a:peaces of foreclosure. including. but cot limited to, reasonable attorney's fees, and
costs of documentary evidence, abstracts sad title reports.
19. Borrower's Right to Reinstate. NotwithstandingLender's acceleration of theaums secured by this Mortgage, Borrower shall have
the right b have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior b entry of a judgment enforcing
this Mortgage if: (a) Borrower pays Lender all sums which woaid be then due ender this Mortgage, the Note and notes securing ~tture
Advances, if any. had no acceleration occurred: lb) Boreowerrures all beeadres of any ot)ur covenants or agreements of Borrower contained in
this Mortgage: (c) Borrower pays all reasonable espensea 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, indndiag, but not limited to, reasonablei
attorney a fees: and (d) Borrower takes such action as Lender may reasonably require b assure that the Lien of this Mortgage, Lender's interest
in the Property and Borrower
a obligation to pay the sums secured by this Mortgage ahaU eontinne nnimpaired_ Upon soli payment and cure
by Borrower, this Mortgage and the obligations secured hereby shall remain in tall force and effect as if no ameleration had occurred.
20. Assignment of Rental Appointment of Receiver. As additional security hereunder. Borrower hereby assigns to Lender the rents
of the Property, provided that Borrower shall, prior b aooderation under paragraph 18 htreof or abandonmart of the Property, have the right
to Dolled and retain such rents as they become due and payable.
Upon acceleration ender paragraph 18 hereof or abandonment of the Property, Lender shall be entitled b have a receiver appointed by a
ooari to enternpon. take poseessiort of a~ manage the Property sad to collect the rents of the Property. indnding those past due. All rents
collected by the receiver shall be applied first b payment of the costs of managementof the Property and collection of yenta, induding, bet not
limited b, receiver's fees, premiums on receiver
s bonds a~ reasonable attorney's fees, and thm to the soma secured by this Mortgage. The .
receive: shall be liable b amount only for those rents adnally received.
x:37 P~~ E 1164