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HomeMy WebLinkAbout0722• t r ~ ~ . ~ ~ ~ . . ~. 8. Inepection. l.ender may make or cauee W be made reaeonable entriee upon and inapectiona otthe property, provided that I.ender ehall Kive Aorrowe~ notice prior b any such inepeciion specityioR maaonable cauee therefor related W l.e~der'e intereat in the Property. 9. Condem~ation.'Itie p~oceede of any award or claim (or damages, di~ect or conaequential, in connection with any condemnation or uther taking of the property, or part thereof. o~ for conveyance in lieu of rnndemnation, are hereby aesigned and ehall be paid b I.ender. In the event of a total taking of the Property, the proc~ecds ahall be applied to the aums aecureci by thie Mortgage, with the exceea, if nny, paid to Borrower. In the event ot a partial taking of the Properiy, unfeae Ii~rrower and l.ende~ otherwise a~ee in writing, there ehall be t~pplied W the auma secured by thie Mortgage euch proportion o[the proceeda ua ia eclual tu that propoction which the amounl of the aums secured by thia Mortgage immediately prior to the date of taking bears to the fair market value ofthe Property immediately priorto the date of t~king, with the batancY of the proceeda paid W 13orrower. 1 f the E'roperty is abandoned by E;oRnwer, or if, after notice by l~ender to Ilor~ower that the condemnor oftere to make an award or aettle a- c1Aim for damages, E3oimower faila to respond to I.ender within 30 days after the date auch notice is mailed, l.ender ia authurized tocoUect and ~-pply the procecde, at l.ender a option, either W reetoration or repair af the propeRy or to the auma secured by thie Mortgage. Unleas I.ender and Rorrower otherwiee agree in wtiting, any sucfi apptication of proccede to principal ahatl ~ot extend or postpone the due date of the monthly installmente referred to in paragraphs 1 and 2 hereof or change ~he amount of auch inatnllme~ta. !0. Borrower Not Released. F:xtension of the time for paym:nt or modification of nmorlization of the suma secund by thie Mortgage ~;ranted by l.ender to uny succcssor in interest of 13orrower ahal) not operate to rnleaxe, in any mAnner, the liability of the ori~[inal E3urrower and E3orrowe~ s successors in intereat. t.ender shall not t-e rnquired to commence proceeclingx against auch succec~xor or rnfuae to extend time f~rr payment or othe~ ise modifv nmortizntion otthe sums cecured by this D1ortKake by rei~w,n of siny dem+~nd made by the ori~cinal Borrower and tiorruwer s succc~s~rs in interest. t 1. I~orbearance by Lender Not a Waiver. Any forbearance by lxnder in exerciaing any riKht or remedv hereunder, or otherwise afforded by applicable law, ahall not be a waiver of or preclude the exerciae of any such .-:~!:! or remedy_ The prc~curement of insurance or the ~~ayment ut taxea or other liens or charRea by I.ender ahall not be a waiver of l.ender's right to accelerate the mnturity of the indebtedneas secured by thia Mortgage. 12 Remediee Cumulative. All remediea Qrovided in thia MortgaRe nre distinct and cumulative to any other right or mmedy under tfiie 1lurti-aEte or afforded by law or equity, and may be exerciserl concurrently, independently or eucceasively. 13. Succesaors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreementa herein contained ahall hind, and the tights hernunder shall inurn to, the respective successc-re and assigns of l.ender and I3orrower, subject to the proviaions of part~graph 17 hereof. All covenants and a~eements of Korrower shall be joint and seve~al. The captions and headings of the paragrapha of this Mortgage are for covenience only and Are not to be used to interpret or define the proviaiona hereof. 14. Notice. F.xrnpt for any nutice reqaired under applicable law to t-e Ki~•en in .~nother mannrr, (a1 any noticr to I~~rtuwer provid~tii for in t h is Mo~uge shall 6e given by mAilinK such notice by certified mail ~ddressed to Bormwer nt the Yroperiy Addrexs ur at such other addreas as F;orrower may designate by notice to I.ender as provided hemin, and Ibl any nutice u~ I.ender shall be given by certified mail, return receipt r~q uested, to I.ender's address stated herein or to such other address as I.ender may designate by notice to I3orrower aA pro~~ded herein. Any nutice provided for in this Atortguge shall be deemed to have been given to tk-rmwer or I.,ender when given in the mAnner desiqnated herein. 15. Unitorm Mortgage: Gaverning l.aw; Severability. This Corm of mortgaKecc-mbines uni[orm a-venants (or nationaf use nnd non- uniform covenants with limited variations by jurisdiction tornnstitute a uniform security instrument cy.vering real property.7'his Mortgage ;hafi be governed by the law of the jurisdiction in which the {'roperty is located. ln the event that any provieion or clause of this Mortgage or t he Note conAicts with applicable law, such contlict shall nat aftert other pro~isions of this ~1uriK:~Ke or tfie Note which can be Riven efYect without the conflictinR pmvision, and to this end the provisions uf the Atorlg:~Ke and the l~ote am declared to be sevetable. 16. Bflrrower's Copy. I3orrower shall be furnished a conformed cY-py of the Note ~nd of this Dlortgage at the time of execution or after r:~•ordation hereof. 17. 7'ranafer of the Property: Aseumption. If alt or any part o[ the E'n~perty or an intereat therein ia sold or transferred by F3~,rmwer ~c~thout l.ender s prior written consent, excludinK la 1 the crration of a lien br encumbrnnm sutx-rdinate to this Mortgr-Ke, lb- the creation of n ~>urr~ase muney security interest for hausehold appliances, lcl n transfer by de~~ise, d:sscent or by operation of law• upun the death ota joint tt•nant or !dl the g~ant of any leasefiold interest of three years or less not con4~in:inK an option to purchase. I.ender may, at l.ender's option, ~!t•~•lare all the sums secared by this ~lortgaRe to be immediately due and puyable. I.ende~ shall haa•e waived such upti~n to accelerate i!, prior a~ the saleor transfer, I.ender and the per:son tn whom the F'ruprrty is to be sold or tr~nsferred reach aKreement in writinK that the credit of such ' pr•r~un is s.~tisfacton' tu ixnder and that thr interest payable un the sums .tYVrcd h~ this ~1ortKaKe xhall be at tiuch rate as l.ender shall r~Y~uest. If lxnder h.ts w•ai~•ed the optiun to screlerate proeidecf in this pars+Kraph 1~, and if Rorruv~er's ~ucc~•;;~or in interest has executed a «r~tten :~SSUmption aKtrrrnrnt acc~rpted in writinK b~ I.ender, I.~~ndershall rcle.~tse Burn-v-~er from ~+U ubliKations under this ~9ortKaKe and the \nte. [C l.ender exercises such option U~ .iccrlerate, lxnder sh;dl m:~ii tturrower noticr o[ acceleration in ac~~~rdanm with paray~raph 14 hereof. tiuc•h notice shall pmvide a peri~~d uf not Ic:~s th:~n :illdays frum thed:+tc~ the n~~tice is mailc~l w•ithin vrhich Rurrower ma~ pat the sumsdeclared ~ iuF•. !f Borruv-er fails to pa~~ such sums priur t~- the expiratiun of Kuch peri~~d, I.e•nder may, w•ithout further notice or demand on liorrower, ~nvokeam remeclicw permittcd by p:ir.~Kr:~uh IK hf•rc~e~L 18. Acceleratiom. Remedies. Except as provided in paragraph 1? hereof, upon Borrowet's breac6 of any covenant or t+~reement of Rorrower in tfiis Mortgage. includin~ the ro~ enanta to pay when due any euma aecured by this Mortgage. Lender prior to acceleration ehall mail notice to E3orrower as provided in paragraph 14 hereofapecifying:111the breach;(21the aMion reyuired to cure such breach:l3) a date. not less than 30 days from the date the notice is mailed to Eiorrower. by which auch breach muet be cured: and 141 ihat failure to cure such breach on or before the date specified in the rtotice may result in xcceleration of the auma secured by this Mortgage. torecloaure by judicial proceeding and eateof the Property.The notiee shall further intorm Borrower of the right to reinatate aRer acceleration end the right to asaert in the foreclosure proceeding the nun-existence of e detault or any other detense of I3~rrower to acceleration and foreclosure. If the breach ir~ not cured on or tx•fore the date specified in the notice. l.ender at l.ender s option may declare all of the eums secured by this Mortgage to Ix immediately due and pa~ able without furtherdemxnd nnd ma~ foreclose tfiis Mortgageby judicial proceeding.l.ender shali be ~•nt itled to collect in such proceedinR all expenst~x of foreclosure. including. but not liMited to. reaROn~ble attorney's feea. and cutits of documentary evidenc~. abstrACts and tiUe reports. 19. Borrower's Right to Reinatate. Notwithst~~ndin~C I.ender s acceleration of the sums secured by this Mortgage, I3orrower shall have the riqht to ha~ e any proceedings begun by I.ender to en[orcr thic Mnrt~[aKe discontinued at any time prior to entry of a judgment enforcing ehis Mortgage if: •(a) Rorrower pays l.ender all sums which vruuld be then due under thia Mortgage, the Note and notes securing Future :~d vanrns, if any, had no acceleration occurred; ~ b) Fiorrower cures all breachea of any other covenanta or agreements of E3orrower contained in this Mortgage; (c1 Eiorrower pays all reasonable expenses incurred by t.ender in enforcinq the covenante and agreemenEs of Borrower cuntained in this Mortgage and in enforcinQ I.ender's remedies as pmvided in paragrap~ 18 hereo[, including, but not limited tn, reasonable~ a ttomey's tees: and Idl F3~rrower takes xuch action as I.ender may reasonably require to aasure that the lien of this Mortgaqe, I.ender'e interest ~n tfie Property and Borrower s obligation to pay the auma secured by this A1ort{;age shall continue unimpaired. Upon such payment and cure b~~ f3ortower, this Mortgage and the obligatians secured hereby shall remain in full force and effert as if no acceleration had occurred. 20. Aeaignment of Rente; Appointment ot Receiver. As additional security hhreunder. Borrower hereby asaigna to Lender the rents ~~f the Yroperty, provided that F3ormwer ahall, prior to acceleration under paraECraph 1 S hereotor abandonment of the PropeRy, have the right t„ collect and retain such rents as they become due and payable. Upon acceleration under paragraph IR hereof or abandonment of the Property. [.ender shall be entitled to have a receiver appointed by a ~~~~urt to enter upon, take posserision of and manage the Property and to collect the rente of the Property, including thase paet due. All rente cot{ected by the receiver ahall be applied firet ta payment of the rnsts of management of the Property and collection otrente, including, but not 1 imited to, receiver's feee, prnmiuma on receiver'a bands and reasonable attorney's fees, and lhen to the aums secured by thie Mortgage_ 7'he receiver ahall be liable to acoount only for those rents aMually receiveci. a~~`~K346 p~~t 72fl