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HomeMy WebLinkAbout1378; ~ : 8. l~epection. l.ender may make or cauee to be made reaeonable entries upon and inepectione of the pmperty, provided that l.ender ehall give Borrower r-otice prior to any such inapection epecitying reaeonable cause therefor related to I.ender's interest in the Property. 9. CoAdetnnatioa.'11~e pmceeds of any award or claim for damagea, direct or coneequential, in connection with any aondemnation or other taking of the property, or part thereof, or for cor-veyance in lieu of rnndem~ation, are hereby aseigned and ahall be paid to [.ende~. In the event of a total taki~g of the Property, the prcx~ecds ahall be applied to the suma secured by thie Mortgage, with the e~cceea, if any, paid to Bon~ower. I~ the event oI a partial taking of the Property, u~leae Borrower and l,ender otherwiee aRree in writing, there shall be applied to the suma eecured by this Mortgage auch proportion of the proceede ae is equal to that proportion which the amount of the eume aecured by this Mortgage immediately prior to the date of taking bears to the tair market value of the Property immediately prior to the date of taking, with the balanca of the procecds paid to Borrower. I[ the Property ia abandoned by Borrower, or if, after notice by l.ender to Eiorrower that the oondemnor offera to make an award or aettle a claim for damages. Borrower faila to reepond to l.ender within 30 days aRer the date euch notice is mailed, l.ender ie authorized to collect and apply the procceda, at Lende~ s option, either to reatoration or ~epair of the property or to the aums aecured by thie Mortgage. Unleas I.ender and Borrower otherwiee ag~ee in writing, any auch application of prnceeds to principal shaU not extend or poatpone the due date of the monthly inatallments referred to in paragraphs I and 2 hereof or change the amount of such inataUmente. - 10. Borrower Not Releaeed. Extenaiun of the time for paym ~nt or modificatio~ of amortization of the eums aecured by this Morigage Krantcb by Lender to any aucceasor in interest of (3orrower ahall not operate to release, in any manner, the liability otthe original Borrower :~nd I3orrower's successors in interest. I.ender shall not he required to commence proceedinge aRainst auch auccessor or refuae to extend time for payment or otherwise modi[y amortizntion of the sums secured by thia Mortgage by reason of any demand made by theoriginal Borrower and l3orrower s succes,sortti in interest. l 1. Forbearance by l.ender Not a Waiver. Any forbearance by I.ender in e:emiaing any right or remedy hereunder, or otherwiae afforded by applicable law, ahall not be a waive~ of or preclude the e±cercise o[ any such right or remedy. The pmcurement of inaurance or the payment o! t~ea or other liens or charges by I.ender ahall not be a waiver of Lender a right to accelerate the maturity of the indebtedneea secured by this Mortgage_ 12 Remedies Cumulative. All remediea provided in thia Mortgaqe are distinct and cumulative to any other sight or remedy under this Morti-age or atforded by law or equity, and may be exerciee~l rnncurrenUy, independently or succeaeively. 13. Succesaors and Aesigne Bound; Joint and Severel Liebility; Captione.7'he covenants and agreements herein contained ahall bind, and the rights hereunder ahall inure to, the respective aucceasora and aseigna of Ixnder and Borrower, aubject to the provisione of paragraph t 7 hereof. All covenanta and aqreements of E3orrower shall be joint and sevetal. The captiona and headings otthe paragraphs of this Mortgage are for rnvenience only and arn not to be used to interpret or define the provisions hereof. l4. Notice. Fxcept for any notice reyuired under applicable la~w to t-e given in another m~nner, la) any nutice to I3orrower provided forin this Mortgage shall be given by mailing such notice by certified maii addresaed to F3orrower at the Property Address or at such other address as Borrower may designate by notice to I.ender as provided herein, and (b) any notice to I.ender shall be givPn by certified mail, rnturn receipt requested, to l.ender's addresa stt~ted herein or to such other address as I.ender may designate by notice to Borrower an provided herein. Any notice provided for in this Mortgage ahall be deemed to ha~ e been gi~ en to I3orrower or I.ender when given in the mannet deaignated herein. 15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform rn~~enanta for national uae and non- uniform covenants with limited variations by juriadiction to conatitute a uniform security instrument cuvering real property. This Mortgage ,hall be Koverncd by the law of the jurisdiction in which the E'n~perty is located. In the event thnt any provision or clause of this Aaorigage or the Note cunflicts with applicable law, such conflict shall not affect other proviaions of this ll~urtgage or the Note which can be given eftect ~.~thout the contlicting provision, and to Shia end the provisions of lhe Mortgage and the Note are declared to be sever~ble. 16. Barrower's Copy. Borrower shall be furnished a conformed copy of the Nute and of this Mortgage at the time of execution or after recordatiu:~ hemof. 17_ '~ansfer of the Property; Aesumption. It all or any part of the Property or an interest therein is sold or transferred by Borrower ~uvrithuut I.ender a prior written consent, excludinq (a1 the crnation of a lien or encumbrance subordinate to this Mortgaqe, lb) the creation of a ,~umhase money security interest for household appliances, le- a tranafer by devise, d.~scent or by operation of law upon the death ota joint - r tenant or fd) the ~ant of any leasehold interest of three years or less not containinq an option to purchase, Lender may, at I.ender'a option, ~ declare all the sums secured by this Mortgage to be immediately due and payable. I.ender shal) have waived such option to accelerate if, prior ~~' ~~ tu the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such ~. person is satisfactory to I.ender and that the interest payable on the sums secured by this H1ortKage shall be at such rate as l,ender shall reyuest. If Ixnder h~ waived the option to accelerate provided in this paraQraph 17, and if E3orrov-er's successor in interest has executed a ~•ritten assumption agreement accepted in writing by l.ender, l.ender shall release Borrower from all obligations underthis Mortgage and the \ ute. If Ixnder exercises such option to accelerate, l.ender shall m~il Borrower notice o[acceteration in accordance with paraqraph 14 hereof. tiuch notice shall pmvide a period of not less than :30 days from thedate the notice is mailed within which Bormw er may paY the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. I.ender may, without further notice or demand on Iiorrower, invoke any remedies permittcd by paraKraoh 18 hereof. " 18. Acceleration; Remedies. F.zcept as provided in paragraph 17 hereot, upon Borrower's breach ot any covenant or agreement of Borrower in this Mortgage. including the covenants to pay when due any auma secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower ea provided in paragraph 14 hereofspecifying: (1) the breach; (2) the action required to cure such breach; (3) a date. not less than 30 days from the date the notice ia mailed to Borrower. by which such breach muat be cured; and (4) that failure to.cure auch breach on or betore the date specified in the notice may reault in acceleratiun of the aums aecured by this Mortgage. foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the forecloaure proceeding the non-existence of a detault or any other defenae of Borrower to acceleration and forecloeure. If the bresch ia not cured on or before the date specified in the notice. Lender at Lender's option may declare all of the auma secured by thie Mortgage to be immediately due and payable without furtherdemand and may foreclosethis Mortgageby judicial proceeding. Lendershall be entitled to collect in such proceeding all e:penses otforeclosure, including, but not limited to. reasonable attorney's fees, and ~•osts of documentary evidence. abstracts and title reports. 19. Bonower's Right to Reinatate. NotwithstandinK I.ender's acceleration of the sums secured by this Mortgage, E3orrowershall have the right to have any proceedinga begun by Lender to enforce thia Mortgaqe diacontinued at any time prior to entry of a judgment enforcing this Mortgaqe if: (a) E3orrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; lb) Borrower cures all breaches of any othercovenante or agreements of Borrowercontained in this MortguKe; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenanta and agreementa of Bonower contained in this Mortgage and in enforcing I.ender's mmedies as provided in paragraph lShereof, including, but not limited to, reasonable attorney's fe~t; and Id1 Borrower takes such aMion as l.ender may rnasonably require to asaure that the lien of this 1lfortgage, Lender's interest in the Property and Rorrower's obligation to pay the sums secured by this Mortgaqe ahall continue unimpaired. Upon such payment and cure bv Borrower, this Mortqaqe and the obliqations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Aeaignment of Rente; Appointment of Receiver. As additional security hernunder, Borrower hereby aseigna to Lender the renta of the Property, provided that Borrower ahall, prior to acceleration under paragraph 18 hereoforabandonment of the Property, have theright to collect and retain such rents ae they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, I.ender shall be entitled to have a receiver appointed by a court to enter~upon, take possession of and manage the E'roperty and to collect ihe rents of the Property, including those past due. All renta collected by the receiver shall be applied first to payment of the rnata of management of the Property and collection of rente, including, but not limited to, receiver'e fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the auma xecured by thie Mortgage. The receiver shall be liable to acoount only for those rents actually received. Bt)~K 34U rw~E 1374