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HomeMy WebLinkAbout1011..r .. . .. • • }' 4, . 8. Inepection. l.ender may make or cauee to be made reasonsble entriee upon and inepectiona oCthe property, provided that l.ender ehall give Borrower notice prior to any such inapection epecifying reasonable cause therafor related to l.ender'e intereat in the Proper/y. 9. Condemnation.'I1~e ptoceeda of any award or claim for damages, direct or rnnsequential, i~ connection with any eondemnation or ~~ther taking of the property, or part thereof, or for conveya~ce in lieu of condemnation, are hereby uaeigned and ahall be paid to I.ender. In the event of a total taking of the Property, the proceeda ahall be applied to lhe aums eecu~ed by thie Mortgage, with the exceae, if any, paid to Borenwer. In lhe event ot a partial taking of the Property. unleas Borrower and l.ender otherwise a~ee in writing, them ehall be .ipplied to the aums eecured by this Mortgage auch pmportion of the proceede as ie equal to that proportion which the amount of the aume 4crured by thia MortgaQe immediately prior to the date of taking bears to the fair market valuc of the P~operty immediately prior to the date ot taking, with the balancY ot the proceeda peid to Bormwer. If the Property ia abandoned by E3orrower, or if. after notice by I.ender to Borrower that the condemnor offers to make an award or settle a claim fur dnmagea, Horrower faila to reapond to l.ender within 30 days after the date such notice is mailed, Lender is autho~zed to collect and ~ipply the proc~,rda, at Lender a option. either b reatoration or repair of the property or to the aums aecured by thie Morigage. U~leas Lender and Rorrower otherwiee agree in writing, any such application of proceeda to principal ahall not extend or poatpone the due <iate of the monthly inatallments referred to in paragraphs 1 and 2 hereof or change the amount of such inatallmenta. 10. Borrowet Not Released. Extenaion of the time for paym~nt or modification of nmortizetion oCthe suma secured by this Mortgage ~rnnted bv Irender to any succeasor in interest of I3orrower shall not opernte to relexae, in any manner, the linbility of the original E3orrower and Born~wer's sacressora in interest. l.endet ahnll not he requind to eommence proceeciings ngainat auch successa~ or rnfuse to exlend time f~ ~r payment or otherv- ise modify umortizntior. o[lhe sums securecl by this MurtgaKe by re:~.wn of any demt~nd mc~de by the original Borrower :+nd F;orrower's successwrs in interest. 11. Forbearance by Lender Not a Wsiver. Any forbearance by I.ender in exercieinR Any right or remedy hernunder, or otherwise :-fforded by applicable law, ahull not be a waiver of or preclude the exerciee of anv such right or remedy. The pmcurement of inaurance or the E~:-yment of taaes or other liena or charges by I.ender ahall not be a waive~ of I~ndei s right to accelerate the maturity of the indebtedneas .ecured by thia Mortgage. - 1`l. Remedies Cumulative. AU remediee provided in thia Mortgaqe are diatinct and cumulative to any other riqht or remedy under thia \iurti-age or afforded by law or equit}r, and may be exerciae~i rnncurrently, independently or aucceasively. 13_ Succeasore and Aasigna Bound; Joint end Several Liability; Captions. 7'he covenants and aqreementa hemin rnntained ahaU t,ind, and the rights hereunder sht~ll inure to, the respeclive aucceseors and asaigns ot Lender and I3orrow•er, aubject to the provisions of p.+r:~graph 17 hereof. All covenants und agreements of Borrower ahall be joint and several. The captionR and headinKs of the paragrapha of this Mortgage are for covenience only ~nd are not to be used to interpret or define the provisions hereof. 1~. Notice. F.xcept tor any notirn required under applicnble law to I~e Ki~en in another m~nner, ln) any notirn to f3~rn-wer provided for in t h i s Mortgage shall be given by mailing such notice by certified mail addreased to Eiorrower at the Property Address or at such other address as ft~~rruwer ms~y deaignate by notice to I.ender as provided herein, and Ib) any notice to I.ender shall be given by certified mail, return receipt r~r~uested, to I.ender's address atated herein or to such other addreas as l.ender may desiKnale by notice to E3orrower ax provided herein. Any n~ ~tice pmvided for in thia Mortgage shall be deemed to huve been given to Borrower or lxnder when given in the manner designated herein. 15. Uniform Mortgage; Governing Lsw; Severability. This form of mortgage combines uniform covenanta for national use and non- uniforrn covenants with limited variations by jurisaiction to constitute a uniform security instrument cuvering renl property. This Moriqage :hull be governed b~ the Inw otthe jurisdiction in which the Yroperty is located. In the e~•ent that any provision or claurse of this Mortgage or t he Note conflirts w-ith applicable law, such conilict shall not Affect other provisions ot this lturtqage or lhe Note which can t-e Qiven effect ..•ithout the conftirting previsi~n, nnd to this end the provisions of the Mort~age and the Note are declared to be severable. 16_ Borrower'8 Copy. E3orrower shail be fumished a conformed copy of the Nate and of thie Mortgage at the time of execution or after rErordation hereof. 17. 'I~ansfer of the I'roperty; Assumption. If all or any part of the Property or an interest therein is sold or tranaferred bv Rorrower w ithout I.ender s prior written consent, excluding la) the creation of a lien or encumbrance sutwrdinate to this Mortgage, Ib) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, d~acent or by operation of law upon the death of a joint ~t•nant or (d) the grant of any leasehold interest of three years or less not containing ~n option to purchase, I.ender may, at Lender s option, d~•clare all the sums secured by this A1ort}~aKe to be immediately due nnd payable. l,enderahall have waived such option toaccelerateit, prior t~ ~ the sale or transfer, I.ender and the person to whom the I'ruperty is W be xold or transferred reach aureement in w-ritinR that thecredit ofsuch G~~•rnun is satisfactory to l.ender and that the interest payab!P on the sums secured by this Uort~cuge shall be at such rate as I.ender ahall r~~c~ucst_ It Ixnder hax K•aived the option to acmler:-te provided in this paraKraph 17, aind if F~rrower's succcssur in interest has executed a ~.~ rittrn assumption agreement accepted in writinK by l.endrr. I.endershall release Borrower frnm :~II obliKati~~ns under this Mortgage and the \ ute. _ If Ixnder exercises such option to acmleraie, I.ender shall mail Borrower notice of acceleration in arcordance with paragraph 14 hereof. ~u~•h notice shall pmvide a periud of not le:;.c than:i(-days from thedatethe notice is mailecl within w•hich Borrower may pa~• thesumsdeclared ~lue. If Borrower f:~ils to pay such sums prior to the expiration of such period, I.ender may, without fnrther nc~tice or demand on }3orrower, im~oke any remedic~ permitted bY parakraoh IR hrnr~f. 18. Acceleration; Itemedies. E:cept ae provided in paragraph 17 hereof. upon Borrower's breach of any covenant ar :-Kreement of Borrower in thie Mortgage. including the covenaote to pay w6en due any aume eecured by this Nortgage. Lender prior to acceleration ahall mail notice to E3orrower as provided in paragreph 14 hereofapecifying: (1)the breach; (2)theaction r~~yuired to cure such breach; (3) a date. not less than 30 days trom the date the notice ia mailed to Borrower, by which auch t,reach muat be cured; end (41 that failure to cure auch breach on or betore the date apecified in lhe notice may result in acceleration of the suma secured by this Mortgage. fureclosure by judicial proceeding and eale of the Property. The notice ehall further inform Borruwer of the right to reinatate atter acceleration and the right to aasert in the foreclosure proceeding the nun-e:istence of a default or any other defen~e of Borrower to acceleration end toreclosure. If the breach ie not cured on or fx•fore the date apeciPied in the notice, l.ender at Lender's option may declare ali of the eums secured by this Mortgage to 6e i mmediately due and payable without furtherdemand and may torecloae thie Mortgage by judicial proceeding. [.ender shall be t~nt itled to collect in such proceeding all expenses of toreclosure. including. but not limited to. reasonable ettorney's feea, and ~•~~~ts of documentary evidence. abstracts and title reports. 19. Borrower'a Right to Reinstate. IVotwithstandin~t t.ender's acceleration of the suma eecured by this Mortqage, E3orrowerahall have the right to have any pra~eedings begun by I.ender to enforce thix Mortgage discontinued at any time prior to entry of a judgment enforcing this ,l~fortgaqe if: la1 F3orrower paya (.ender all sums which would be then due under this Mortgage, the Note and notea securing Futum :ldvances, if :~ny, had no acceleration occurred; ~b) E3orrowercures aU bmacheaof any othercovenante or agreements of $onowercontsiined in this Mortgage; (c) ~3orrower pays nll rnasonable expenses incurred by Lender in en[orcing the covenanta and agreementa ot E3orrower contained in this Mortgaqe and in enforcing I.ender's remedies as pmvided in paragraph 18 hereof, including, but not limited to, rnasonabte :~ttorney's fees: and Id1 Borrower takes such action as I.ender may reasonably require to asaure lhat the lien of this Mortgage, I.ender'e intereet in the Property and Rorrower's obligation to pay the sums secured by this Mortgage ahall continue unimpaired. Upon such payment and cure hy I3orrower, this Mortgaqe and the obligationa secured hereby ahall remain in full force and effect us if no acceleration had occurred. 'l0. Aseignment of Rents; Appointment of Receiver. Ae additional aecurity hereunder, Borrower hereby aseigna to I.ender the rente ~~f the Property, provided that Bormwer shall, prior to acceleration under paraqraph 18 hereof or abandonment of the Property, have the right to collect and retain such renta as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, l.ender shall be entitled to have a receiver appointed by a cY~urt to enter-upon, take poasession ot and manage the Property and to collect the rents of the Property, including thoee past due. All renta rnllected by thv receiver aha11 be applied firet to payment of the coats otmanagementof the Property and collection of rente, including, but not limited to, receivei s feea, premiums on receiver's bonds and reasonable attorney's fees, and then to the aums aecured by thia Mortgage. The receiver shal) be liable to acoount anly tar those rnnte actually received. B~~K345 P~ElOQ9