Loading...
HomeMy WebLinkAbout11761 ~ ~ 8. In~pectlon. Lender may malce or cawe to be mede ree-wnabk entria upon srtd iaspectioa~ oithe property, provided Weit Lsnder shaU give Sorro~ve~ notice pria to e~ny such uuP~on ~P~~6 reaaonable cauae theref~ related to Lender's interest in tM P~operty. 9. CondemnaUoa. 71~s prooeed~ of any award or claim for damages, direct or conseyueatial, in coaaection wiW aqy oondeaanation or qWer takinQ of the prupe~rRy, or part fhereof, or fos conveysnce in Geu of condem~ation. are hereby aa~i~ned and ~haU bs paid to L~des. In the event of a total taking of the Propedy. the pmceed~ ehaU be applied b the ~uau ~ecured by Lhis Mort~s~~, vrith tbe esoea. ii e~ny. paid b Borrower. Ia We event of a partial taking uf the Property, unlew Borro~v~ and Lender otherwi~e a~ree in writing. th~n shell bs applied to the suau secund by this Mortgage such proportion of the pmaedi as is equal b tha! proportioa which the amouat of the ~ams secund by this MortQage i~emediately prior to the dets of taking bears to the feir market value of the Property immediately prior to the daLe oi taking, vrith the bslanoe of the prooeed~ peid b Borrower. Ii the Property u abandoned by Borrower. or if. aRer aotioe by Lend~ to Borrower that the oondemno: oHen to make aa awerd or ~sttk a claim for dama~e~, Borrower fails to respoad to Lender within 30 days after the ds~e such notice is mailed. Le~der ia authorized to coUect and apply the proceed~, et I.eadet's option, either b restoratioa or repair of the property or to the ~ums aecured by this Muirl~a~s. Unle~a I.~der and Borrower otherwise agree in writing, any such appGcatioa of prooeeds to principal shall not atend or pwtpoae tt~e dw dste oi the monthly in~tallments referred to in paragraphe 1 and 2 hereof or change the amount of such instaUments. 10. Borrower Not Released. Extension of the time for paymant or modification of amortisation of the sums secured by this Mortsa~e granted by Lender to eny successor in intereat of Borrower ahall not operate to release. in any manaer. the liability of the originel Borrower and Borrower'a succ~essors in intetesi Lendnr shall not be required to oommence proceedings againet such succ~eor or refuse to e:tend time for payment or otherwise modity amortization of the aume secured by thia Mortgage by reaeon of any deman; mede by the original $orrower and Borrower s aua.~essors in intereat. 11. Forbearanoe by Leader Not a Waiver. My forbearance by I,ender in e:erciaing any righ~ or n~onedy~heraunder. or otherwi~e afforded by applicable law. shall not be a waiver of or prbclude the eserciee of any snch right or remedy.'11~e pracursmeat of uunranca or We payment of taxe~ or other liens or charges by I.ender shell not be a waiver of Lender's right to aocelerate the maturity of 1he indebtednas eecnred by this Mortgage. 12 Remedies Cumulative. Alt remediea provided in this Mortgage are dietinct end cumulative to aay other right or remedy unde: thi~ Morte~age or afforded by Iaw or equity. and may be ezetciae~ ooncurrendy, independeady or suoceasively. 13. 3ucoeaeors and Aseigna Bound; Joint aad 3everal Liebiljty; Captiona. The oovenants and agreemeate herein oontained shaU bind. and the righte hereunder ahall inure to, the reapective succeaeors and aasigTU of Lender aad Borrower, subject to the proviaions ot paragrsph 1? hereof. All covenants and agreemente of Borrower ahall be joint and eeveral. The captions aad headings of We psragraphs of thia Mortgege are for oovenience only and are not~to be used to incerpret or define the pmvisions hereof. 14. Not~ce. Except for any notice required unde~ applicable Iaw to be given in another manner, (a) any notice to Borrower provided for in thie Mortgage shall be given by mailing auch notice by certified mail addreased to Borrower at the Property Address or at such otber addreas aa Borrowei may designate by notice to Lender ae pmvided herein, and (b) any notica to Lender shall be given by certified mail, ntutn i+eoeipt requeeted, to Lender'a address atated herein or to euch other address as Lender may designate by notice to Borrower as provided h~rein. My natice provided for in thia Mortgage ahall be deemed to have been given to Borrower oi Lender when given in the manner d~igaated henin. 15_ Uaiform btortgage; Governing I.aw; Severability. Thie form of mortgage combines uniform aovenante for national use and non- uni[orm oovenants with limited variationa by juriadiction to oonetitute a uniform eecurity inatrument oovering real propezty.'11iia Mortgage shall be Roverned by'the law of the juriadiction in which the Property is located. In the event that any provieion or dauee of this Mortgage ot the Note cora7icta with applicable law. ench rnnilict ahall not affect other provisions of thia Mortgage or the Note which can be given effect without the rnnflicting provieion, and to this end the provisiona of the Mortgage and the Note are declared to be severable. Iti. 6orrower'8 Copy. BoTrower ahall be furniahed a conforoned oopy of the Note and of thia Mottgage at the time of euecution or after recordation f~ereof. 17.1`ranefer of the Property; Assumption. I[ all or any part of the Property or an interest therein ia sold or transferred by Borrower without I.ender s prior written coneent, e~cluding (a) the creation of a lien or encumbrance eubordinate to thie Mortgage, (b) We creation of a purchase moaey aecurity intereat for houeehold appliancea, (c) a tranafer by deviee. descent dr by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intere8t of three yeare or less not oontaining an option to puc~chaee, I.endet may. at Lender'e option, declare all the auma secured by thia Mortgage to be immediately due and payable_ I.end~ ehall have waived euch option to aocelerate if. ptios to the eale or transfer, Lender and the person to whom the Properly is to be eold or transferred reach agreement in writing that We credit of snch pereon ia eatiafactory to I.ender and that the interest payable ou the auma secvred by this 111ortgage ahall be at such rate as l.ender ehali requeat. If Lender hea waived the option to accelerate provided in thi8 paragraph 17, and if Borrowei a succeesor in interest haa e:ecuted a written aseumption agreement accepted in writing by Lender, [.ender shall releaae Borroweir from atl obligatione under thia Mortgage and the Note. If Lender exerciaea such option W accelerate, Lender ahall mail Borrower notice of acceleration in accordance with paragreph 14 hereoi Such notice ahall provide a period of not less than 30 days trom the date the notice ia mailed within which Borrower may pay thesume declared due. If Borrower fails to pay such sums prior to the expiraiion of auch. period, I.ender may, without further notice or demand on $orrower. tnvoke any remedies petmitted by pazagraoh 18 hereof. 18. Acceleration; Remedies. Ezcept se provided in paragraph 17 hereot, upon Borrower's breac6 of eny oovenant or agreement of Borrower in this Mortgage, including the covenante to pay when due any sums eecured by thie Mortgage, Lender prior to acceleration ehall mail notice to Borrower ae provided in paragraph 14 hereof specifying: (1) t6e breach; (2) the action required to cure such breach; (3) a date, not lees than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure euch breach on or before the date apecified in the notice may result in acceleration of the sums eecnred by thie Mortgage. foreclosure by judtcial proceeding and eale of the Property.The notice shall further inform Borrower of the right to reinetate after acceleratioa and the right to assert in the foreclosure pmceeding the non-e:ietence of a default or any other detenae ot Borrower to acceleration and foreclosure. If the breach is not cnred on or before the date specified in the notice, Lender at Lender's option may declare all of t6e sume eecured by this Mortgage to be immediately due and payable without furtherdemand and may forecloee this Mortgageby judicial proceeding. Lender shall be entitled to rnllect in sucfi proceeding all expenses ot forecloaure. including, but not limited to, reaeonable atto"rney'r feea, and costs of documentary evidence. abetracts and title reporta. 19. Borrower's Right to Reinstate. Notwithatanding Lender'a acceleration of the anma eecured by this Mortgage, Borrower shall have the right to have any proceedinge begun by i.ender to enforce this Mortgage diacontinued at eny time prior to entry of a judgment enforcin~ this Mortgage if: (a) Bor~ower paya Lender all suma which would be then due under this Mortgage. the Note and notes securing Fbtnre Advancea, if any, had no acceteration occurred; (b) Borrower ruree all breaches of any other covenante or aRreemenb of Borrower oontained in this Mortgage; (c) Bortower paye all reasonable expenaea incurred by I.ender in enforcing the coveaanb and egreemenfe of Borrower oontained in thie Mo-igage and in enforcing Lender's remedies ae provided in paragraph 18 hereof, includiag, but not limited to. neuonabls attomey a fees; and (d) Borrower takea auch action as I.ender may reasonably require to aasure that the iien of thie Mortgage. I.eridd~ intered - in the Property and Borrower'e obligation ta pay the sums secured by thie Mortgage shall continue unimpaired. Upon such paymeat and cure by Borrovrrer, this Mortgage and the obligatione secured hernby ahall remain in full foroe and eftect ea if no acceleration had oocurred. 20. Asslgnment ot Rents; Appointment of Receiver. Ae additional security hereunder, Borrower hereby asaigns to I.eader thereats of the Praperty, provided that Borrower ahatl, prior to acceleration under paragraph IS hereotor abandonment of the Property, have theright to coUect and retain auch rente as they become due and payabie. Upon acceleration under paragraph 18 hereof or abandonment of the Property, [.ender ahall be entitled to have a reoeiver appointed by a oourt Eo enter-upon, teke possession of and manage the Property and to collect the rente of the Property. including those past dne. All renta oollected by the receiver shall be applied first to payment of the coeta of management of the Property and ooUection of rents, including. but not limited to, receiver's feea, premiums on receiver's bonda and reaaonable attorney's fees, and then to the suma secured by Wis Mortgage. Tbe receiver ahall be liable to aooount only for those rente actually received. ~ ~ g~3~6 ~~~Ei173 -- __~~