Loading...
HomeMy WebLinkAbout0144, -~~ . . .. ~ .. \ 8. Iaepectlon. I.ende~ may make or cause to be made reaeonable entries upon and inepectio~e o[the property, provided that Lender ehall Kive BorroweT notice prior b any auch inap¢ction apecifying reasonabfe caase thetefor related to I.ender'a inierest in the Property. 9. Condemnetio~.'!~e proceede of any award or claim for damagea, direct or coneequential, in connection with any oo~demnation or othe~ taking of the property, or patt thereof, or for conveyance in lieu of condemaation, are hereby assigned and ehall be paid to I.et-der. I~ the event of a total taking of the PropeHy, the proceede ahall be applied to the auma eecured by thie Mort~taAe, with the e:ceas, if anv. pa.d to Borrower. In the even! of a partial taking o[ the Pe~operty. unleas Bosroweir and I.ender otherwiee agree in writing, tfiere shall be applied to the suma eecured by thie Morlguge euch proportion of the proceede ae ia equal to that proportion which the nmount of the aume secured by this Mortgage immediately prior to the date of taking beara to the fair market value of the Property immediately prior to the date of taking, with the balanca of the proceeds paid to Borrower. I[ the Pmperty ie abandoned by Borrov~~er, or if, afte~ notice by l.ender to Rorrower that the condemnor uffera to make an awerd or aettle a claim for damages, ~orrower [aila to respond to l.ender within 30 dayR ufter the date such notice is mailed, l.ender ie authorized to collect and apply the proceeda, at Lender a option. either to reatoration or repair of the pmperty or to the sume secured by this Mortgage. Unleas Lender and BoeTOwe~ otherwise agree in writing, any such application otproceeda to principal shall not exlend or poetpone the due date of the monthly inatallments referred to in paragrephe 1 and 2 hereof or change the amount of such inetaUmente. 10. Borrower Not ReleaBed. Eatenaion of the time for paymant or mociification otamortization of the auma secured by thia Mortgage ~ranted by Lxnder to any successor in intereat of f3orrower ahuli not operaGe to rele<ise, in any manner, the liability of the original Borrower und Eiorrower's succeasora in interesi. I.ender shall not be required to commence proceedinga against such succeaeor or refuse to extend time fur pH}•ment or utherwise modify t~mortiz~tiun of the sums secured by this Mort~tage by rra~-n uf nny dems~nd mtide by theoriginal Borrower ;-nd t3urrowe~ s succexsors in inte~est. 11. Forbearance by l.ender Not a VYaiver. Any forbearance by t,ender in exercising any right or remedy hereunder, or otherwise eiffurded by applirable law, shall not be a waiver of or preclude the exercise of any such right or remedy.l'he procurement of insurance or the payment of taxes or other liens or chargea by I.ender ahall not be ii waiver of I.ender's riKht to accelerate the maturity of the indebt~edness wecared by this Mortgage. 12 Remediea Cumulative. All remedies provided in this Mortgage are diatinM and cumulative to a~qy Qther right or remedy under thia ~tortrage or afforded by law or equity. and may be exercised concurrently, independently or succesaively. 13. Successors and Aseigne Bound; Joint and Several Liabitity; Captions. The covenants and agreements herein contained ahall t~ind, and the ~ights heceunder shall ioure to,~the reapective successors and assigns ot l.ender and Borrawer, subject to tfie proviaione of ps+ruRraph 17 hereof. All covenants and agreements of Borrower ahal) be joint and aeveral. The captiona and headinga of the paragrapha of tt~is 111ortgabe are for covenience only and are not to be used to interpret or define the pro~riaions hereof 14. Notice. Except for nny naticerequired under appiicableluw to be Kiven in anoth:r manner, (a) any notice to E3orrowerprovided Corin t his Mortguge shall be given by mailing such notice by certified mail addresscYi to Bo~ower ut the t'coperty Addresao~ at such other address as F;orrower may designate by notice to Lender as provided hemin, and (b) any notice to l.ender shall be given by certified mail, return receipt rey uested, to I.ender's address stated hernin or to such other address as l.ender may designate by notice to Rorrower at+ provided herein. Any n~~tice provided for in this Mo~age shall be deemed to huve been given to Rorrower or I~ender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This Corm of mortgagecombines uniform covrnants for national use and non- uniform covenants w-ith limited variations bs jurisdiction to constitute a uniform security instrument covering real property. This lNortgage ,hall be govemed b~ the lavr of the jurisdiMion in Nhich the E'roperty is located. In the event lhat any proviQion or clause of this Mortgage or t hF~ Ivote conflicts with applicable law, such conflict shall not affect othe~ provision~ of thi4 Mc-rtgaRe or the Note wh-ch can be given effect H~ithout the rnnfl'sctinK provision, and to this end the provisions of the MortRage and the Nute are declared tn be se~erable_ 1(i. Borrower s Copy. Borrower shall be fumished n conformed rnpy of the Note and of this Mortqage at the time of eaecution or after rc~c•ordation hereof. 17. 'l~anefer of the Property: Assumption. If all or any part of the Property o~ an interest therein is eold or trans[erred by Aorrower .. ith~eut Lender s prior w-!ritten conaent, ezcluding la) the crextio^ of a lien or encumbrance subordinaUe fo this Mortgage, (b) the creation of a purchaxe muney security interest for househoid appliancee. (c) a trana[er by devise, descent or by operation of law upon the death of a joint tc~nant ur (d1 thP grant of any leasehold interest uf three years or lesa not containing an option to parchasse, l.ender may, at l~ender s option, dcrlare all the sums securee by this blortgage to be immediately due and payable. I.ender ahall have waived such option toaccelerate if, prior t~ ~ the aale or transler, I.ender and the person to whom the Property is to be w~id or transferred reach ugreement in writinq that the credit of such E~~•rson is c~at'ssfactory tn lxnder and that the interest payable on the sums secured by this Nlortkage shali be at such rate as I.ender ahall rt~~uest. If [.ender has waivevi the option to accelerate provided in this paza~Craph 17, and if E3oROwer a successor in interest has executed a :.~ritten assumption a~reement accepted in writinK by I.ender. I.endershall release tiorrower from allobliqations under this Mortgageand the \ nte_ If i.ender exercises such option to acceler~te, [.ender shall mail Kormwer noticeof acce{eration in accordancrwith paragraph 14 hereof tiuch notice shall pmvide a period of not less than 30days firom the d~de the nuticr is rr.ailed within which t3orrov~er map pav thesums declared ~1ue•_ If 13orrower feils to pay surh sums prior to the expiration of such perioal, I.ender may, withuut further notice or demand on E3orrower, invnke any remedies permitted by paragraoh 1R hercoL 18. Acceleration; Remedies. Except tss provided in paragraph 17 hereof. upon ti~rrower's breach of any rnvenant or aRreement of Borrower in this Murtgage. including the c~venants to pay wfien due eny eums secured by this Mortgage, Lender prior W accele_ Etion shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (11 the breach;(2) the action required to cure auch brPach: (3) a date, not less than 30 days from the date the notice ie mailed to Bocrower. by which auch breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in ticceleretion of the sums secured by thie A'[ortgaqe, Coreclosure by judicial proceeding and saleofthe Properiy.The noticeahali further intorm Borrower of the right to reinstate after acceleration and the right to assert in the forecloaure proceeding the non-esistence of a default or any other defenae of Borrovrer to acceleration and foreclosure. If the breach is not cured on or -. _.*;,re the dwte apecified in the notice, Lender at Lender's option may dectare all of the aums eecured by thie Mortgage to be i mmediately due and payable withaut further demand and may foreclose this Mortgage by judicial proceeding. Lender ahall be t~ntitled to co11eM in euch proceeding all e:penses of toreclosure. includinq. but not limited to, reasonable attorney's tees. and co,ts of doeumentary evidence. abstracts and title reports. l9. Borrower's Bight to Reinstate. Notwithstand~nR (.endei s accelerntion of theaumssecured by this Mortgaqe, $orrowerahall have t he right to have any proceedings begun by I.ender to entorce this Mortgage diacontinued at any time prior to entry of a judgcnent eniorcing this Moriqaqe if: (a) Borrower pays l.ender all sums which would be then due under thia Mortgage, the Note and notes securing Future :ldvances, if any, had no acceleration occurred; lb) f3orrower cures all breaches of any other covenanta or agreemenf8 of Borrower contuined in this Mortgage; Ic1 fiorrower pays all masonable eapensea incurred hy [.ender in enforcing the mvenants and agreements of Aorrower cnntained in this Mort{cage and in enforcing Lender e remedies as provided in para~traph 18!~ereof, including, but not limited to, reasonablR attorney's fees; and Id) Borrower takes such action as Lender may reasunably requim to asenre that the lien of thia Mortgage, Lender's intereat in the Property and E3orrower's obliqation to pay the auma secured by this Mortgage shall cuntinue unimpaired. Upon such payment and cure by Borrower, this Mortgaqe and the obligationa eecured hereby ahall rnmain in full force and effect as if no acceleration had occurred. 20. Aseignment otRente; Appointment of Receiver. As additional eecurity hereunder. Borrower hereby aseigna to Lender the renta of the Pmperty, provided that Borrower ahall, prior to acceleration under paragraph 18 hereof orabandonment of the Propetty, have the right to collect and retain such rente as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property. Lender ahall be entitled to have a receiver appointed by a court to enter~upon, take possesaion of and manage the Property and to collect the rents of the }'roperty, including those paet due. All renta rnllected by the receiver sha{I be applied firat to payment of the oosts of management of the Property and collection of rente, including, but not timited to, receiver's tees, premiuma on receiver e bonds and reasonable attorney's fees, and then to the sums secured by thie Mortgage. The receiver ahall be Gable to acoount only for those rents actually received. ao~K3~6 ~er,t ~42 ~, ~,t . x __ ~"~- ~~~.~ =- _ ~