HomeMy WebLinkAbout1181 8. lnspeMion. Lender may make or awe b be made reasonable entries upon and itupectioos tithe proPt*V• P'a~ that t.eade+rsbag
give Borrower notice prior b any such itupedion spedbring reasonable awe therefor related b Lender's interest is tbs Ptsprsfy.
9. Condemnation.lbe peooeeds of say award or claim for dames, direct a eonsegsestial, is eoneedioa wiRh aqy osniessnaaoa ar
other taking of the property. or part thereof; or for conv+eyanoe is lien d oondemoatioa, are hereby assigned aaa sbsD ire psis ~ Leaser.
In the event of a btal taking of the Property. the proceeds shall be applied b the arms secured by tb» Martgap; wub fbe m°°sr? tf ay.
paid b Borrower. In the event of a partial taking of the Property. unless Bar'u*'er and Censer otherwise apse is wridsi. these sbaH be
applied b the sums secured by this Mortgage such proportion d the peooeeds as is egaai b fiat proportioa which the aaroant d the sags
secured by this Mortgage immediately prior b the date d taking bests b the fair marks vabee tithe Pt~operty iesediate~y pesos b tiedated
taking, with the balanoa of the proceeds paid b Borrower.
If the Property is abandoned by Borrower, or i~ after notice by I.eoder b Bostowsr that the oondtsanaoSessb mabe as award erae[tiea
claim for damages, Borrower fails b respond b Lender within 30 days after the date sodr notSoe is osaiied, Leader is astbosiaed bcdiect aaa
apply the proceeds. at Lendei
s option, tither b r+eeitoratiasr a rspaiir of the psopeety ar b the same seared by this Mt~tt;e,.
Unless Lender and Borrowerotherwise agreeinwriting,anyaochappliatioadpiooeedstopioopalshsUnotarteadarpostpoaetiredsk
date of the monthly inatallmeitts referred to in paragraphs 1 and 2 hereof or ~ the secant d ssrb instsiimeata
10. Borrower Not Released. Extension of the time fa payment ar modifiatioa damaetiration ottbe arms reseed by this)IioeLgage
granted by Lender b any successor in interest of uorrower anau wi awc..ro w 1ow~c. W ~ =rte. - - -
and Borrower a successors in interest. Lender shall not be required b oomroence peooeedinRs aigainat soch arraeesaor ar refers so ezteaa base
for payment or otherwise modify amortization o! the cams secured by this Mortgage by reason of say demsrd made b9 theangrnal Bossoaw
and Borrower
s successors in interest.
11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in ezer+dsirrg any riaitt ar e:medF 6e:e~ ar otireswise
afl'orded by appliable law, shall not be awaiver of or psecladethe e:er+cise ofany sachright ar remedy- The prnar®mt diinswr:ect ar the
payment of fazes or other liens or charges by Lender shall not be a waiver of Leader
s right b ao~oderate the maturity d the indebsedees
secured by this Mortgage.
12 Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumolative b say other right ar r~ cadet this
Mortgage or afforded by law or equity, and may be exer+cise~l concurrently, indepmdmdy or saooessively_
13. Successors and Assigns Bound; Joint and Several Liability:Captions. 7be covmsnts sad agreements herein contained sbafl
bind, and the rights hereunder shall inure b, the respective aiiooeesora and assigns d Lender a~ Borroats sabywd to the prorc-issoos d
paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and ses*esal.'11ie captions and hennas d the paragraphs d
this Mortgage are for covenience only and are not b be used b interpret ar define the provisions hereof.
14. Notice. Except for any notice required under applicable law to be given in another manner: laf say antler to Bormaer Pea~-rded farm
this Mortgage shall begiven by mailing each noticeby certified mail addressed to BorrowerattbePropertyAddreosoratssrrh otbersdiessas
Borrower may designate by notice b Lender as provided herein, and (b) any notice to Lender shall be 6ian by «stified a~1, reta~a receipt
requested, b Lender's address stated herein or b such other address ss Lender may designate by notice b Bosrowtr as peos~ded bRe+n- Any
notice provided for in this Mortgage shall be deemed b have been given to Borrower a Linder when risen in the manner desianai:id hermt
15. Uniform Mortgage; Governing Law; Severability.7bis formof mortgageeombiaca eniformoosenantsfornatimal asa*ands?aei-
u niform covenants with limited variations by jurisdidion b constitute a anifarm security iastrammt eos~esina real property- Ibis Martaase
sh all be governed by the law of the jurisdiction in which the Property is bated. In the event that say psovitvm ar tLose dtbis ]Sortaase ar
the Note conflicts with applicable law, such conflict shall not aged other provisims of this 1lfortaase ar the base which as be siren eyed
without the eontlicting provision, and b this end the provisions of the Mortgage and the Note are sedated to be severable.
t 6. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this 1ltortgase at the time of eaenrtion or after
recordation hereof.
1 'l~ansfer of the Property; Assumption. I! all or any part of the Property or sn interest therein its acid ar trammed by Borrower
without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance sabordinste io this hlortaaa~ Ib1 the eseaLoa d a
purchase money sentrity interest for household appliances. (c) a transfei by devise, daoent or by apesation d law open the death of a jaiot
ten ant or (d) the grant of any leasehold interest d three years or less nut oontaiaing an option to pardiase: Lender ewr, at Ltnd~
s optt°et,
declare all the sums aerated by this Mortgage to be immediately sae and payabk_ Lender shall 6as~ waked sock option to accelerate i~peior
to the sale or transfer, Lender and the person to whom the Property is b besold or transferred reach aareemmt in writing that thea+editofsoc>b
person is satisfactory to Lender and that the interest payable on the sums secured by this MoryCage shall beat each rate as lender shall
f rwtuest. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers soccesser in interest has eseczded a
.vrittenassumptionagreementacceptedinwritingbyLender,LendershailreleaseBaros^e=6~omallobiigationsendertbislliartssRearrdthe
ote.
I f Lender exercises such option to accelerate, Lender shall mail Borrower notice of accde:ation in accordance with paragraph 14 hereof
Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Bormaw rosy psc tbestas sedated
0 due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, witboat farther notaor ar dema~ on $osro~wv_
mucks any remedies permitted by paragrath 18 hereo!
18. Acceleration; Remedies. Except ae provided in paragraph 17 ber~eof, upon Borrower's be+eaeid of aqy ao~rrsaaR or
agreement of Borrower in this Mortgage. including the ooveaants to pay whey dtie say sass seared by tbiisllort6a~ Lewder
prior to acceleration shall mail notice to Borrower ss pros-ides is paragraph lg bereofspecitying;ll)tbebreacir;Rlt>reaetiow
required to cure such breach; (3) a date, not less than 30 days from the date the atotioe its sailed to Borsw~w~er, its vrkier swei
breach moat be cured; and (4) that failure to are each breach on or before the date specified in the solace asQ rewits
acceleration of the soma secured by this Mortgage. foreclosure by jodicial pr+oaeedinsaod saleoft6eProPerty-'1<tieaotaeesbaY
further inform Borrower of the right to reinstate after soreleration and the right to assert is the foredowre pswoeeai~ tAe
non-ezistence of a default or any other defense of Borrower to atlooderation and fas+eeios~ If the 6seaelr is sot area am or
before the date specified in the notice. Lender at Lender's option may declare aB of the atlas seared bs file ]iortaase to be
immediately due and payable without fartherdemand and may foreclosethis bos'tgat'eby jodicialpsoeeeditiE.I.esiaers6alibe
e ntitled to Dolled in such proceeding all a:perinea of for cclosure. including. bat not Baited ta, re~asonabk attoraes's fees,. aria
costs of documentary evidence. abstracts and title reports
19. Borrower's Right to Reinstate. Notwithstanding Lender's aooele:ationof thesiuoasecured by tbislioetasg~ Barro+~shall bass
the right b have any pr~ooeedings begun by Lender b enforce this Mortgage disoontiinued at any time prior b entry da jodameat esfoemtg
this Mortgage if: (a) Borrower pays Lender all soma which would be then doe under this Mortaaa~ the Note sad rotes searing Fitasr
Advances, if any. hadnoaocelerationoocurred;(b)Borrowercvresallbread>eaofanyothaoovenantsara6reeacomdBasrowe:cmtainedin
this Mortgage: (c) Borrower pays all reasonable ezpeasea incurred by Lender in mfordn6 the atrvmaats and saeeeseents o[ Beesvser
contained in this Mortgage and in enforcing Lender's reaiediea as provided in paragraph 18 beseo~ indoding, bet nut limited t+o~ rersaeable
attorney's fees; and (d) Borrower takes each action as Lender may reasonably require b aswrethat the lien sable Mortgage;, !lender
siate:est
in the Property and Borrower
a obligation b pay the sums secured by this Mortgage shall continue onimpaued.~Upon sash payaeotand cue
by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and shed as if no aooderatiim bad oca<red-
20. Assignment of items; Appointment of Receiver. As additional security hereunder, Boerarrer heeety assgos b I~der tber'mts
of the Property. Provided that Borrower shall, prior b aeceieradon under paragraph 18beseoforabandonmmtdtbe Propeetybsvetberiaht
to collect and retain such yenta as they become doe and payable.
Upon acceleration under paragraph 18 hereof or abandonment of the Property. Lender shall be entitled b have a receiver appobted bs a
court to enter aeon, faire possession of and manage the Property and b collect the rents d the Property. indodiag those pssR doe. AD rats
collected by the receiver shall be applied fast b payment of the costs of managementoftbePropatyandedlectiondrmta.iadodio~.bstnat
limited b, receiver
a fees, premiums on receiver's bonds and reasonable attorney's fees, and then b the trams accused b7 this liort~e: 7be
receiver shall be liable b account only for those yenta adually* received_
hn~x •
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