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HomeMy WebLinkAbout1052.• . i ~. ~ 8. laspectton. Lender may make or cauee to be made reaso~able e~t~ee upon and inspection~ of lhe pmperty, provided that l.eader ahall ~ive $ortower notice prior to any euch inapection specifying reusonable cnuee therefor related to I.ender's interest in the Property. 9. Condemnation. The pw~~ecde of bny award or claim [or damagee, direct o~ rnnsequential, in conncction with any aondemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby aeeigned and ehall be paid to Leader. In the event of a total taking o[ the Pmperty, the proceeda ahall be applied to the sums secured by thia Mo~tgage. with the exoew, if any. paid to Borrower. In the event of a partial taking of the Property, u~leae 8orrowe~ and Lender otherwiae agree in writirtg. there shall be appUed to the sume eecured by this Mortgage euch proportion of the proceede as ie equal to that pmportion which the amount oI the suma secured by this Mortgage immediately prior to the date of taking beara to the fair market value of the Property immediately prior to thedate oi taking, with the belance of the proceeda paid to E3orrower. If the Property is aba~doned by Horrower, or if, after natice by l.ender to Borrower that the oondemnor offere to make an awerd or eettie a claim for dameges, Borrower faile ta~ respond b l.ender within 30 daye after the date euch notice is mailed, I.ender ie authorized to coUed aad apply the proceeds, at Lender e option, either to restoration or repair ot the property or b the euma secured by thie Mortgage. Unlcss Lender and ~3orrower otherwiee agree in writing, any euch application of pmceeds to principal shall not e:tend or postpone the dne date of the monthly inatalimente referred to in paragraphs 1 and 2 hereof or change the amount of such inatallmente. 10. Borrower Not Released. F.xtension of the time for paymant or modification of amortization otthe auma eecured by this Mortga~e granted by I.ender to any auccexeor in interest of &,rruwer ahull not operate to release, in any manner, the liability of the ori~inal Borrower and Borrower's succeasors in interest. [.ender ahall not be required to commence proceedings ugainet euch aucceaeor or refuee to extend time for payment or otherwitie modify <<mortization of the sums secured by :his MortKaKe by reason of any demand made by the original Borrower und Borrower's successora in intereat. 11. Forbearence by Lender Not e Waiver. Any forbearance by I.ender in exerciaing any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exerciee of uny auch right or remedy. The ptocutement of ins~uance or the payment of taxea or other liena or charges by I.ender ehall not be a waiver ot I.ender's right to accelerate the maturity of lhe indebtedness secured by thie Mortgage. 12. Remediea Cumulative. All remedies provided in this Mortgage are dietinM and cumulative to any other right or remedy under this Mortrege or atforded by law or equity, and may be exerciaed rnncurrently, independendy or succeaeively. , 13_ Succeasors and As9igne Bound: Joint and Several Liability; Captiona. The covenante and aqreementa herein oontained ahali bind, and the rights hemunder ahall inure to, the rrspective succeasors and asaigns o! l.ender and F3orrower, aubject to the pmviaions of paragraph 1? hereof. All covenants and agreementa of F3orrvwer ahall be joint and several.'11~e captione and headinge of the paragraphs of this Mortgage are for covenience only and are not to be used to interpret or define the ptovieiona hereof. 14. Notice. F.xcept for any notice required under applicable luv~ to t-e Kiven in anothzr manner, la) any notice to Borrower provided for in thia MortRage si~aD be given by mailing such notice by certitied mail addressed to Borrower at the Property Addreae ur at euch other address as Borro~ver may designate by notice to Lender as provided herein, and ~b) ~-ny notice to l.ender ehall be given by certified mail, return receipt requested, to l.rnder's addreax stated herein or to auch other addreas as Ixnder may deeignate by notice to Borrower as provided herein. My natice provided for in this Mortgage ahall be deemed to have been given to l3orrower or Lender when given in the manner'deaignated herein. l5. (~ niform M~~rtgage; Governing Law; Severability. 'I'his form of mortgage combinea uniform rnvenanta !or national uae and non• uniform covenants with limited variations by juriadiction to constitute a uniform eecurity inatrument covering real property.'I7~ie Mortgege shall be governed by the law of the jurisdiction in which the Piroperty ia located_ In the event that any proviaion or clause of this Mortgage or the Note c~,nfli: ts w^th applicable law, such conilict sh~il not affect nther pro~ ieions of this Mortgage or the Note which can be given effect without the rnnflictinR pruvision, and to this end the provisions of the Alortgage and the Note are declared to be severable. lE. Borrower's Gopy. Borrower ahall be furnished a conforcned copy of the Note and of thia Morigage at the time of ezecution or after ~`~ recordation hereof. 17. TYanefer of the Property; Aesumption. If all or any part of the Property or an internst therein is aold or tranaferred by Borrower l; without l.ender's prior written consent, excluding la) the cmation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a ~~ purehase money aecurity interest for houeehold appliancra, (c- a tranater by deviae, descent or by operation of law upon the death of a joint ~ tenant or (d) the grant of any leasehold intemst of three years or teax not containing an option to purchase, Lender may, at Lender e option, ~ declam all the auma securea by this Mortgage to be immediately due and paya'ble. Lender ahall have waived auch option to accelerate if. prior to the sale or tranafer, l.ender and the person to whom the I'ropert~ is to be sold or transferred reach agreement in writing that the credit of auch person ia satisfactory u- Ixnder and that the interest payable un the ~ums secured by this Hlortgage ahall be at auch rate as Lender ahall request. If I.ender hae waived the c~ptiun to acrrirrate pro~•:df~i in this paragraph l7, and if E3orrower's suceessor in intereet has executed a written asaumption aKrerment accept~~i in w•ritinK by I.rndPr. l.ender shall rele.-sse Borrower from aU obligationa under this Mortgage and the Note, If l.ender exercises such optiun tu acceierate, lxndrr shall m:~il linrrov-rr notice uf acceleration in accordanc~ with paragraph l4 hereoL Such notice shall pro~•ide a period of ~tut less th.~n :Ni d:-ys frum the date the nutice ia ~r.ailed within which E3urmwer may pay the aums declared due. If Rorrower fails tu pay such sum~: prior to the expirati~~n of wch pc•riud, Ixnder may, without further notice or demand on E3orrower, ~nvoke any remedi~ permittecl b~~ p:iraKrauh lt+ here~~f. 18. Acceleration; Remediea. F.xcept ae provided in parng~raph 17 hereot. upon Borrower's breach of any oovenant or agreement of Borrower in this iNortgage. inciuding the c~venantr~ to pay vvhen due eny eume eecured by thie Mortgage. Lender prior to acceleration ahall mail notice to Borrower as provided in paragraph 14 hereof apecifying: (1) t6e breach; (2) the aetioa required to cure such breach; l3) a dete. not lese than 30 days from the date the notice ie mailed to Borrower. by w6ich ench breach muet be cured; and (4- that failure to cure such breach on or before the date epeciCed i~ the notice may reault in acceleration of the aums secured by this Mortgage, foreclosure by judiciel proceeding and eale of the Property.The notice shall further inform Borrower of the right to reinstate aRer acceleration and the right to assert in the foreclosure proceeding the non-e:istence of a defeult or any other defcnee of Borruw•er to acceleration end [orecloeure. if the breach ie not cured on or before the date epecified in the notice, I.rnder at l.ender'a option may declare all of the euma secured by thie Mortgege to be immediately due and pay able without furthc•r demand Hnd may forecloAe thia Mortgage by judicial proceeding. Lendershall be entitled to collect in such ptbceeding al l expenses of forc~clusure. including. but not limited to, reasonable attorney'e fees. end coste of docu~nentary evidence, absiracts and titlc~ reports. 19. Borrower's Right to ReinAtate. NotwithstandinK I.Pnder's ~-ccelerati~m of the sums aecured by thia Mortgage, Borrov+er shall have the right to have any pmceedings begun by I.ender to enforce this 1lortRage diacor.tinued at any time prior to entry of a judgment enforcing this Mortgage if: (al f;orruwer ~ays I.ender all sums which would be then due under thia Mortguqe, the Note and notes eecuring Future Advancea, if any, had no acceleration occurred;1b113orrower cures :,11 brrachea otany other covenanta or agreements of Borrower contained in thie Mortgage; tc- F~rrower paye all reasonable exprnsea incurred by I.ender in enforcing the covenants and agreements of Borrower oontained in this Mortgage and in enforcinR I.ender's remediis ~s provided in paragraph 18 hereof, including, but not litnited to, reawnabls attomey'a fees; and (d) E3orrower takea auch acti~,n as I.endrr may reasonably require to asaure that the lien otthis Mortgage, Lender'sintec~t in the Property and Borrower's obligation to pay the sumN aecured by this Mortgage ahall continue unimpaired. Upon such payment and cure by Borrower, thie Mort{;age and the obligations srrured hereby shall remain in full force and effect as if no acceleradon had occurred. 20. Aseignment of Rents: Appointmrnt of Receiver. As additional security hereunder, Borrower hereby asaigna to l.endertherents of the Property, pro~:drd that Borrower ahall, prior tn acceleration under paragraph 18 hereof or abandonment of the Property, have theright to collect and retain auch rnntx as they become due and pay:~ble. Upon acceleration under paraqraph 1 R hereof or abandonment of the Property, I.ender ehall be entitled to have a receiver appointed by a rnurt to enter upon, take poxsession of and manage [he Property and to collect the renta of the Property, including those past due. All rents oollected by the receiver shall be applied first tn payment of the coats otmanagement of the Property and rnllection of renta, including, butnot limited to, receiver'a fees, premiuma on receiver's bonds and reasonable attorney'e feee, and then to the euma secured by thia Mortgage. The receiver ahall be liable to account only for thuse rents actually received. Br,~X cYts PaGE 1UJ0