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HomeMy WebLinkAbout0408. i ~~ f ~.~~i " S. lnspection. I.ender may make or cause to be made reaeonable entriee upo~ and inspectione of the property, provided that l.ender shall ~ive Borrower notice prior to any euch inepection specifying reasonable cauee therefor related to l.eader'a interest in the Property. 9. Conderanatioa.'l7~e proceeda of any award or cleim for damages. direct or rnt-eeque~tial, in connection with any oondemnation or other talcing of the property, or part thereof, or for conveyance in lieu of candemnaaon, ere hereby aesigned and ehall be paid to Lender. ln the event of e total taking of lhe property, the proceede ehall be applied to the suma eecured by this Morigage, with the e:cees. if any. paid to Borrower. In the event of a partial taking of the Property. u~leas Aorrower and l.ender otherwise agree in writing. there shall be r~pplied to the auma eecured by this Mortgage auch pmportion of the praceede ae is equal to that proportion which the amount of the euma secured by thia Mortgage immediately prior to the date of taking beare to the fair market value of the Property immediately prior to the date of takinq, with the balanca o[ the proceeds paid to Borrower. If the Property is abandoned by &>rrower. or if. after notice by l.ender to Horrower that the rnndemnor of[ers to make an award or eetUe a claim for damagee, I3orrower faile to reepond to Lender within 30 days after the date euch notice is mailed, l.ender is authorized to collect and apply the proceeda, at l.ender's option, either to reetoration or repair of the property or to the suma secured by thie Morigage. Unleas Lender and Borrower otherwiae agree in writing, any auch application of pra.~eeda to principal ahall not extend or poetpone the due date of the monthly inatallmente referred to in paragrapha 1 and 2 hereof or change the amount of euch inetallments. 10. Borrower Not Released. Extension of the time for paym~nt or modi6cation of amoKization of the suma secured by this Mortgage Kranted by l.ender to any succeasor in intereat of E3orrower ahall not operate ta release, in any manner, the liability of the original F3orrower and fk-rrower'a succraw~ra in interrst. I.ender shal) nol be required to commence proceedinga againat such succesaor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this MortKaKe by reason of any demand mAde by theoriginal Borrower and E3~rrower's successors in interest. - 11. Forbearance by Lender Not a Waiver. Any forbearance by I.ender in exerciaing any right or remedy hereunder, or otherwiae :~fforded by applicable law, ahall not be a waiver of or preclude the exercise of any such right or remedy. The prc~curement of insurance or the ;. :~:r.ent of ;axes or ci.hcr ticr.s or chazges sy !~e.^.~cr sl:a21 .^.oL F~r a x~i~cr~f I.cr.~rr's r.ghi !n aMc!eratc ihc rnsLurity of thc :.^.de~tr~ness ,ecured by thia Mortgage. i2. Remedies Cumulative. Al) remediea provided in thia Mortgage are distinct and cumulative to any other right or rnmedy under thia 1lortcage or aftorded by law or equity, and may be exercisevl rnncurrently, independently or sutt~essively. 13. Succeasors and Asaigne Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained ahall bind, and the rights hereunder ahaU inure to, the reapective successora and asaigna ot Lender and Borrower, subject to the provisions of p:iragraph 17 hereoL All covenants and agreementa of E3orrower ahall be joint and several. The captiona and headinge of the paragraphe of this Mortgage are for covenience only and are not to be used to interpret ar define the provieiona hereof. 14. Notice. F xcept for a~ny notice required under applicable law to be Kiven in ~nother manner,la) any notice to F3ormwer provided forin t h is Mottgaqe shaiil be given by mailinQ such notice by certified mail addressed to E3orn~wer at the.Yroperty Addreas or at such other address as }turrower may designate by notice to l.ender aa provided herein, and (b) any notice tu I.ender shall be given by certified mai1, retum receipt requested, to l.ender's nddress stated herein or to such other addreas as I.ender may deaignate by notice to E3orrower ax provided herein. Any notice pmvided for in this Mortgage ahnll be deemed to have been given to I3~rroweror t.ender when given in the manner designated herein. :~_ L:niform iiurtgage; Gas~t'iiiiig LBw; Seyein~'iiiit3. Thin fur'~ii ui uwri~a~rcu~u~,it~re- uuiIuru~ wvruatii,ei lur naii~nui uar anu non- uniform rnvenanta with limited variations by jurisdiction to conetitute a uniform security instrument a,verin~ real property. This Mortgage .h:ill be governed by the law of the jurisdiction in which the F'roperty is located. In the event that any p:oviaion or clause otthis Mortgage or the Note conflicts with applicable law, such contlict shall not aflect other provisiona of this Mortgage or the Note which can be given effect w•i~hout the con(lictinR provision, and to this end the provisions ot the hlortgage and the Note are declared to be severable. l6. Borrower's Copy. Horroveer shall be turniahed a confortned copy of the Nute and of this Mortgage at the time of execution or afier n~c~urdation hereot ' • - . I7. Transfer of the I'roperty; Assumption. If all or any part of the f'roperty or an interest therein is sold or tranaferred by I3orrov~er w•ithout I,ender's prior written consent.excluding ia) the creation of a lien ur encumbrance subordinate to this Mortgaqe, lb) the creation of a purchase money security interest for houaehold appliances, lc) a tranafer by devise, d:scent or by operation of law upon the death of a joint ~E•nant or ld) the grant of any leasehold interest ot three years or leas not containing an option to purchase, lxnder may, at I.ender s option, clcr!are all the sums secured by this Mortgage to be immediately due and payable. I.ender ahall have waived such optiun to accelerate if, prior a~ the sale or transfer, I.ender and the peraon to whom the Property is to besold or transferred reach agreement in writing thatthe credit of auch pt~rson is satisfactory to I.ender and that the interest pay~ble on the sams securcd by this MortK:~Ke ahall be at such rate as I.en.',er shall rt~c~uest. If Ixnder has waived the option to accelerate provided in thia paraKrapi~ 17, and if Borrower's succrssor in interest has exccuted a ~+ ritten .issumption aQreement accepted in writinK by l.ender, l.ender ehall rete.~se I3orrower from all obliKations under this Mortgaqe and thP \~~te. If I.ender exercises such option to accelerate, l.ender shnll mail Eiorruwer noticeof acceleratinn in accordance with paragraph 14 hereof. ~uch notice shall provide a period of not le~g than:tOclays frum thedatethe notice is rr.ailed within which Rorrowermay pay thesums declared di~e. If Rorrovver fails to pay such sums pri~~r to the expiration of such peri~xi. I.ender may, v~ithout further notice or demand on f3orrower, ~nvoke any remedic~ permittcd by p:~raKraoh lri hPrer,f_ 18. Acceleration; Remedies. Except ae provided in paragraph 17 hereof. upon Borrower'e breach of any covenant or t+Kreement of Borrower in this Mortqage, including the covenanta.to pay when due eny aume secured by this Mortgage. Lender prior to acceleration ahall mail notice to Borrower as provided in para~raph 14 hereofapecifying: (1) the breach;(2) the action required to cure such breach; (3) a date. not leas than 30 daya from the dete the notice is mailed to Borrower. by which auch hreach muat be cured; and (9) that failure to cure such breach on or before the date specified in the notice may result in xcceleration of the sume aecured by this Mortgage. forecloaure by judicial proceeding and saleofthe Property.The notice shall turther inform Borrower of the right to reinstate after acceleration and the right to asaert in the toreclosure proceeding the non-ezistence of a default or any other defense ot Borrower to acceleration and toreclosure. If the breach ia not cured on or t,~•for~ the datP wpecified in the notice, l.ender at Isender'e option may declere all of the enms secured by this Mortgage to be immediately due and payable without furtherdemand and may forecloae thie Mortgageby judicial proceeding. Lendershall be t~ntitled to collect in such proceeding all e:penses of foreclosure, including. but not limiled to. reasonable attorney's feee, and i•~-sts of documentary evidence. abstractf- and title reports. • 19. Rorrower's Right to Reinatate. Notwithstanding I.endrr's acceleration ofthesumssecured by this Mortgage, Borrowerahall have the right to have any proceedings begun by Lender to enCorce [his Mortgaqe discontinued at any time prior to entry of a judgment enforcing this Mortgaqe if: lal E3orrower pays Lender all sums which would be thPn due under this Mortgage, the Note and notes securinq Future Advances, if any, had no acceleration occurred; lb) Bormwer curea all brnaches of any other covenante or agreements ot Borrower contained in this Mortgaqe; Ic) Borrower pays all reasonable expensea incurred by Lender in enforcing the covenanta and agreementa of Borrower mntained in this Mortgage and in entorcing t.ender's remedies as provided in paragraph 18 hereof, including, but not limited to, reaaonable attomey's feea; and (d) Borrower takes auch action as I~ender may reasonably require to assure that thelien otthia Mortgage, Lender e intereat in the Property and E3ormwer s obligation to pay the sume secured by this Mortgage ahall continue unimpaired. Upon auch payment and cure by Borrower, this Mortgage and the obiigations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Aeaignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby asaigna to Lender the renta ~~f the Property, provided that E3orrower ahall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain auch mnts as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, I.ender ahall be entiiled to have a receiver appointed by a court to enter upon, take posaesaion of and manaqe the Property and to collect the renta of the Property, including thoee paBt due. All rente collected by the receiver ahal) be applied first to payment of the coats of management of the Property and rnllection of rents, including, but not limited to, receiver's fees, premiuma on receiver's bonds and reasonable attomey's feea, and then to the suma secured by this Morigage. The receiver aha11 be liable to account unly for those rente actually received. i~ :~`!~f J~~ F~~E ~~ ~ ~ - - ~ • - _ ~ ~: . ~~'.. ~ . ~~ ~ ~ , _ ,.__ ~ ... : , ~.,..~ s ~~