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HomeMy WebLinkAbout0162. , . • 1 ~ ~ i t 8. lnepection. l.ender may make or cauae to be mude masonableentriea upun and inepectiuna otthe property, pruvided Ihat l.enderahalf ~;ive Borrower notice prio~ w any auch inepecti~n apeci[ying retiaunable cauae thc~e[or celated to l.ender's interest in the f'roperty. 9. Condemnatio~. The proceecis of any award or claim for damagee, direct or consequential, in rnnnection with nny rnndemnation or uther taking of the pmperty, or part thereot, or for conveyance in lieu of condemnation, are hereby ueiei~tned a~d shull be paid to I.ende~. In the e~ent oi a total taking of the Property, the pnoceecla »hall be applied to the auma secured by this Mortguge, with the exceee, if any, p<~id W 13orn-wer. In the event of a partinl taki~g of the Property, unlesa 13orrower and l.ender otherwiec aKre~e in writinq, the~e shatl be ripplied to lhe sums aecured by this Murtgt+ge auch proportion of the procc~.ds ux is eyual to that proportion which the amount of the euma ,t~•ured by thia Morlgage immediately prior io the date of taking bears to the tair market value of the Properly immediately prior to the dnte of t.iking, with the balanca ot the proceeds paid to I;or~owe~. ([ the Property ia abandoned by l3orrower, or if, after notice by I.ender to t3orrower that the rnndemnor oftera to make an award or settle a ~•l:iim for damages, Rorrower fnila to r~apond to l.ender within :3Q days after the dnte such notice is mailed, l.ender is authoriud to collect and :ipply the proceeds, at l.ender'a option, either to reatoration or rrpuir of fhe property or to the aums aecured by this Mortgage. Unleas I.ender and Horrower otherwiae u~ee in writing, any such applicatian of pmcetrds lo principal shall not extend or poatpone the due ~l:~te of the monthly inatallmente referred to in paragrapha I and 2 hercof or change the amount of euch inetallments. 1t1. Borrower Not Released. F:xtension of the time for paym ~nt or modification of nmortizntion of the aums secured by this Mortgage ~;runted by l.ender to any succ~~u~ in inte~rst ~C f~-r~nwer shxll not operate to releF-xe, in nny manner, the liability ot the oriKinal I3orrower .~nd Burruwer's sucYrssorx in interest. I,ender sh.ill not be requirrd to cvmmence pnx~ecviinga :~gninat such succeatwr or refuse tu extend time ~, ~r puyment or otherwise modify amurtix:-tiun of the sun~s Kc~•und t~v ihix A1ortKa~Kc hy m:iw,n of tiny demand m~de by theori~tinal Borrower .~»d ii~,rruwer's tiua~rti.wrs in interc~t. I 1. Mo~bearance by I.ender Not a Waiver. Any torbearance by i.ender in eaerciainK any right or mmedy hereunder, or otherwise .~ ff~~rded by applicable law, shall not be a waiver of or preclude the e~erciae of any such riKht or remedy. The procurement of insurance ur the p:ryment of iaxes or other liens or charges by I.ender shaU noi be u w~iver ot I.ender's right to accelerute the maturity of lhe indebtedness :~•c•ured by thia MortgaKe_ 12 Remedies Cumulative. All remedies provided in this Nlortgagr are dislinct and cumulalive to any other right or remedy under thia ~lortrage ar afforded by l~+w or eyuity, nnd may be exemise~i concurrenU~, independendy or auccessively_ l:t. Succeasors and Asa9gns Bound; Joint and Several Liabilily; Captione. The covenants and agreemenia herein contained shall t~lnd, and the riKhts hereunde~ shnl) inure to, the rexpective succexsors and assigns of l.ender and Iiorn+we~, subject to the proviaions of E,:ir:~Krt~ph 17 hern~f. Ail covenants and agreement~a of lic-rrower shull be joint and several. The captions and headinKs otthe paragraphs of tfiis 1Sortgage s~re for co~~enienir unly and are not to be used to interpret or define the proviaiona hereot. !-1. Notice. h:xc~eQt [or an~ notice rnquired und~r a~pplirablr law to t~r ~iven in anoth ~r manner, (:U any notice to li~~rrov-er provided [or in t h~.llortKaKeshall be ~Civen by muilioK such notirn by certified mail addressed to Rorrr,wer at the Property Addresa ur at such other addreas as ! t~ ~rruw•er may desiKnate by noticr to l.ender us pm~~idrd hernin, and (b) any noticr to I.eoder shall be given by certified mail, return receipt r,~~uestrd, to I.endei s address stated herein or to such other uddress t~s 1 A•nder may desiKnaie by notirn to 13orrnwer ae pmvided herein. Any ~~ ~~ti~•e pru~•ided for in this 111ortgage shnll be deemed to have been given to F3orrorver or l.ender when given in the manner des'sgnated herein. 1 c~. l?niform Mortgage; Governing l.aw; Severnbility. This form of mnrtKaKecombines unifurm cuvenants for national uaeand non- ~;nif~~rm co~ enan~~ with timitecl cariaiions by jurisdiction to a-nstitute :~ uniform security instrun-ent cY,vering real property. This Mortgage ~h:~U t~• guverned by the inw of the jurisdiction in v.~hich the E'rc~peKy ix located. In lhe event tfiat any pro~ iaion or clause of this Mottgage or : h~• \ute cun(licts w~th applicable la~+, such contlict shall ne~t affect other pn,visions of this Dlortgake ur the l~tote which can be given effecl w ~thuut the cvntlictinK pnn•isiun, and to this end the provisiuns of the MortK~Ke and the Note are dctilared to be Severable_ 16. I~rrower's Copy. Bormwer sfiaH be furnishrd a rnnformed copy of th~ Note and of thia Mortgage at the time of execution or after rr~•~~rdaitior. hereot . 1 Z Transfer of the Property; Assumption. If al! or any parl uf the 1'roperty ur an interest therein is sold or tranaferred by E~rrower w,thuut I.ender ~ prior w~ritten consent, excluding la) the crnatiun of a lien or encumbrance 4uM~rdinate to this Mortgage, lb) the creation ot a uurchase money secu~ity interest for househo{d appliances, lcl ~ transfer by devise, descent or by operation of law upon the death of a joint ef•n:int or ldl the Krant of any leasehold interest ot three yeflrs or lesa not containing an option to purch~se, l~ender muy, at I.endei s option, ~i~•~•l.irn all the sums xecurea by this MortRage to be immediately due and payable. l.ender shall have waived such option to accelerate if, prior t~ ~ the sale or transfer, Ixnder nnd the person to whom the f'ropert~• is to be suld or tr~nsferred reach aKreement in writing that thecredit of such ~f~•r.~~n is satisfactnry to lAnder .+nd th.-t !he interest pzyahle on the sum~ securc~cl b~ th-h MortKaKe shall be at auch rate as [xnder shall ~~~{u~~st. If lxnder h.~.s veai~~cKl the option to accelerat~ pru~~id~~d in this paraKraph 17, and if I~urower's sucressur in interest has exeeuted a µ ntte•n .issumptiun aKreement ~cc-eptc~l in v-ritinK by Ixnder, l.~•ndershali rele:~.ge Rorrower frum all ubliKatiuns under this ~t~rrtq:~Keand the \~~te. ( f l.ender exercises such oplion tu accelerale. I.endrr Shall mail iiorrower notim of acceleratiun in accn~danm wilh paraKraph ld hereof. tiu~•h nuUcr sh.ill pruvide a period of not less than :iU d.~ys frc~m the date thr nutic-e is rr.:~ilt~i within v- hich Korm~+•rr may pay the sums declared , luF•. If BurruM er fails tu pa~• such sums priur to the expiratiun of ,uch ~riod, Ixnder may. N•ithuut furtFer notice or demand on tforr~,wer. ~n~•~~ke ~n~• remedic~ permittecl bt• para~aoh lK herer~f_ 1K. Acceleration: Remedies. Except as provided in paragraph 17 hereof. uNon Borrower'e breach of any covenant or :~~reement of Borrovver in this Mortgage. including the covenants to pay when duc any auma secured by this Mortgage. Lender E,rior to acceleration shall mail notice to Borrower ar~ providedin paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; !3) a date. not less than 30 days from the date the notice is mailed to Borrower, by which such I~reach muet be cured; and (41 that failure to cure such breach on or before the date apecified in the notice may result in <-cce lerat ion of the sums secured by this Mortqage. foreclosure by judicial proceeding and sale of the Property. The notice ahall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceedinq the n~-n-eziatence of a default or any otfier defense of iiorrower io acceleration end foreclosure. If the breach is not cured on or tK~fure the date apeciCed in the notice. Lender at I.ender's option may declare ell otthe suma secured by this Mortgage to be immediately due and pa~•able without furtherdemand and may torc close this Mortgage by judici~l proceeding. l.ender shall be ~•ntitled ta collect in such proceeding all expenses of forrclosure. including. but not limited to. reaxonable attorney's fees. and ~•~r~t~ of documentary evidence, at~tracts and title reports. 19. Borrower's Right to Reinstate. l\otwithatandinK I.ender's acceleration olthe sums secured by this MortgaKe. Borrower ahall have t he right to have any pmceedings 1x~un by i.ender to enforce this Mort~taKe discontinued at any time prior to entry of a judKment enforcinK this Mortgage if: ial Bormwer pays I.ender all sums which would be then due under this Mortgage, the IV'ote and notes securing Future :ldvancea, i[any, had no acceleration occurred: tb) EZorrower cures al{ breachesof any othercovenanta or agreements of I3orrcwer contained in :his Mortgage; Ic1 I3orrower pays all reasonable expenses incurred by I.ender in enforcing the covenanta and agreements of I3orrower c~,ntained in this Mortg~ge and in enCorcing I.ender's remedies ax provided in paraKraph 1R hereof, including, but not limited to, rnaeonable ;~ttorney's fees: and Id1 f3orrower takex such action as Lender may masonably require to as!+urethat the lien of this Mortgage, Lender's interest ~ n the Property and E3orrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired_ Upon such payment and cure I~y Burrower, this Murtgage and the obligations secured hereby ahall remain in tuU force and effect as if no acceleration had occurred. 20. Asaignment of Renta; Appointment of Rec~eiver. As additional security hereunder, Borrower hereby assigns to Lender the rents ~~f the Property, provided that Borruwer shal{, prior to acceleration under paragraph 18hereof or abandonment of the Property, have the right t~~ collect and retain such renla as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, I~ender shall be entitled to have a receiver appointed by a ~-~~ur1 to enter upon, take possession of and manage the E'roperty and to collect the rents of the Property, including those past due. All rents ~•ollected by the receive~ ahall be applied firat to payment of the coats of managementotthe Pmperty and collection of renta, including, but not f imited to, receiver's fees, premiums on receiver's bonda and reasonable attomey e fees, and then to the sums aecured by thia Mortgage.l'he rPCeiver shall be liable to account only for those renta actually received. ~~~X 345 ~aCf 161