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HomeMy WebLinkAbout0946 . ~ , • ; i ' . ! , . . ~ . • ~ . f , R'~~/!` . . f ~ f• • } i I I 8. Incpection. Lendsr may make or cauas to bs mede reswaable eatrie~ u n and in~ ~ ~ Qive Borrwver aotios p° P~n~ of the ~roDertY. provided that Lender ahall ~ paior to u~y ~uch uuPsction ~PecifyinQ reasoaabb cau~e therefc+r related to Lender'~ interest in the Property. 9. CondemaaUoa. The p~ooeeds of aay eward or cl~im for damages, direct or conaepueatial, in conaection wiW any oondemnatioc~ or ~ other ta~iu~ of tbe property, or part Wereof, or for rnnveywce u, lieu oi ooademnaaon. ue hereby a~si~nud and ~hall bs paid t~ Lender. In the event of R total taking af We Property. the pmoeedi shall be applied to the ~um~ sxured by thia Mort~eys. with the aoew, it any~ paid to Bon~ow~er. .n the eveAt of a partial takinQ of the Property, unte~a Borrowar and Lender otherwi~e agree in writing~ there ~hall be ' epplied to the suc:~s ~ecured by thit Mort~a~e sucL+ proportioa of the prooeed~ a~ ia equal k: thaL pmportian which the amount of the iutas ; ~li securcd by thi~ Mortgage immediately prior to the date of takin~ bean to We fair market value of the Props~ty immediately prior to We date of j ~ taldnS. ~vith the balana~ of the p~ paid So Boreower. Ii tha Prope~rty i. abandoned by $orrower. or if, atter notice by Leader to Borrow~a that the oondemn~ o~fer~ to make an award or settle a ~ claic~ for damager. Bozrower faiL eo respond to I.ender within 30 days after the ~;ate ~uch aotioe is mailed, Lender ia authorised to ooUect and apply the pc~ooeeds. at Lender'e option, either to restoration or repair of the property or to the sums aecund bv this Mortgage. Unless Lendu and Borrower otherwise a~ree in w~riting, any sach applicaboa of proceeds to principal ehall aot ez?.enrl c•r po~tpone the due date of the monthly inetallments nferred to in paragraphs 1 and 2 henof or change the amount of euch uutellmenta. ~ 10. Borrower No! Released. Extension of the time for paym=nt or modification of amottization of the sums aecueed by thia Mort~age ~ granted by Lender ts any succesaor in inter~L of Borrower shall not operat<- nlea~e, in any manner, the liability ot the original Borrower ~ and Borrowei a eua~eeaors in intereo~ I.ender ahall not be required to oammence proceedings egainst such auoceeeor or refuse to e:tend time ~ for payment or otherwise modify amoriiiaation of the auma secured by thie Mortgage by reaeon ef any demand made by the original Borrower f and Barrower e auccesaora in interest. } 11. Forbearanc8 by I.ender Not s Walver. My forbearanoe by L,ender in ~eri~sing any right or nmedy hereunder, or otherwise ~ aFfforded by applicab:e l~,w, ahaU not be a waiver of or preclude the exercise of any such right or remedy. The procurement of inauranoe or the { payment of tazes or other liens or charges by L.ender shall not be a waiver of Leader'e right to aooeietatp tbemataaty of the indebtedneea s eecured by thia Mortgage. ~ 12 Remediea Gtimulative. All remediee provided in thia Mortgage are distinct and aunulative to any other zight or nmedy under this ~ Mortcage or afforded by law or equity, and may be e:ercise~i ooncarrentlp, independendy or suocesaively. 13. 3ucceseors and Assigns Bound; Joint and 3everal Liability; Captions. The oovenanta and agreementa herein contained shall bind, and the righte hereunder shall iaure to, the reepeMive succeeeore aad aaaigns of Lender and Borrower, aubjert to the proviaione of ~ paragraph 1? hereof. All rnvenants and agreemente of Borrower ahall be joint and eeveral. The captione e:ed hesdings of the paragraphs of ; thie Mortgage are for covenience only and are not to be used to interpret or define the proviaions hereof. ~ ! 4. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in i thie Mortgage shall be given by mailing auch notice by certified mail addreaecd to Borrosver at the PropErty Addreas or at euch othes addre¦a ea ; Borrower may deaignate by notice to Lender ae provided hernin, and (b) any notice to Lender ehall be given by certified mail, retu:n receipt ~ requeated, to Lender'e addrese aiated herein or to euch other add.-ese as Lender may designate by aotice to Borrower aa provided herein. Any ~ notice provided for in thia Mortgage ahall be deemed to ha~ e been gzven to Borrower or L.ender when given in the manner designatbd hezein. 15. Uniform Mortgage; Governing I.aw; 3everabilitp. This form of mortgage combines uniform uovenanta for national ~e and noa• ~ uniform covenante wi4.h limited variatione by jurisdiction to conatitate s uniform security instnuuent oovering real property.'I'hia Mortgage i ahall be governed by the law of the juriediction in whi~h the Property ia located. In the event that any provu+ion or clauee of this Mortgage or i the Nole contlicta with applicable law, euch conflict shall not aftect othet proviaione of this Mcrtguge or the Note which can be given ef~ect i without the oonflicting provision, and to thie end the provieiona of the Mortgage and the Nute are declared to be severable. ' I 16. Borrower's Copy. Borrevver ahall be fumiahed a conf~rmed c.opy of the Nute and of this Mortgage at the time ~f execution or after ~ reoor~ation hereof. . 17.15ranefer of the Property; Aeeumption. If ell or any part of the Property or an interest therein ia eold or tTansferred by Borrower ~ ~ without Lender s prior written conxent, ezcluding (a) the creation of a lien or encumbrancesuborriinate to thie Mortgage, (b) the rreation of a purGhaae monev eecarity interest for household a liancee, (c) a tranafer b• devise descent or b o ation of law u n P P ) . Y P~ p o t h e d e a t h o f a~ o m t ~ tenar.t or (d) the grant of any leasehold intereet of three years or leas not aontaining an option to purchaee, Lender may, at Lender's option, declare all the sn m a e e c u r e a b y t h i s M o rt g a g e t o b e i m m e d i x t e l y d u e a n d p e y a b l e. L e n d e r a h a l l h a v e w a i v e d a u c h o p t i o n t o a o ce l e r a t e i f. p ri o r ~ Eo the sale or tranefer, Lender and the n to whom the Pro p perso perty ie to be sold or tranaferred reach agreement in writing that ihe credit of auch person ia eatiafactory to Lender and that the intereat payable on the sums secured by this Mortgage ahall be at auch rate as Leader ahall ' request. If Lender hae waived the option to accelerate previded in thie paragraph 17, and if Borrower'a auoceesor in interest hae ezea:ted a written aseumption agreement accepted in writing by Lender, I.ender ahall releaee Borrower from all obligatione under this Mortgage and the Note_ If Lender eaercisea euch option to accele~ate, Lender ahall mail Borrower notice of acceleration ir, accordance with paragraph 14 hc~reoL ` Such notice e1sa11 provide a pesiod of not lesa than 30 daya from the date the notice ~a dailed within which Borrower may pay the aume declared ~ due. If Borrower fails to pay auch aums prior to the expuation of such period, Lertder may, without further notice or demand on ~3orrower, invoke any remediea permitted by paragranh 18 hereof. 18. Aoceleratian; Remedies. E:cept as provid¢d in paragraph 27 hereof, upon Borrower's breach of any oovenant or agreement of Borrower in thie Mortgage, including the oovenente to pay when due any eums secured by ihis Mortgage, Lender prior to aoceleration ehall mail notice to Borrower as provided in paragraph 14 here~f specifying: (1) the breach; (2) the action required to cure su~h breach; (3) a dat~ not less that~ 30 daye from the date the aotice is mailed to Borrower, by which euch breach muat be cured; and (4) that failur~ to cure such breach on or before the date specifed in the notice may result in accel9ration of the sums eecured by thie Mortgage, foreclosure by judicial proceedin~ and sale of the Property. The notice ehall further inform Bo~rower of the right to reinetate after acceteration and the right to ansert in t6e foreclosure proceeding the non-ezisience of a default or any other detense of Borrower tu eoceleratioe and toreclosure. If the breach ie not cured on or be[ore the date epecified in the notice, Lender at Leader'e option may declare all ottbe sums secured by this blartgage to be immad;ately due and payable without furt6er demand and may foreclose this Mortqa~e by judicial proceesiir,g. I,ender shali be entitled to collect in auch proceeding all expenaes of foreclosure, inclndiag, but not limited to. reasonable attorney's fees, and coata of documentary evidence, abstracte and title reports. 19. Borrower's Right to Reinatate. Notwithatanding Len~er'a acceleration of the sums eecured by thia Mortgage, Borrower ehall have the right to have any proceedinge begua by L,ender to enforce this Mortgage diecontinued at any time prior to entry of a judgment enf~rcing this Mortgage if: (a) Sorrower paye Lender all aume wnich would be then due under thia Mortgage, the Note and no•.en eecnring Future Advancee, if any, had no acceleration occurnd; (b) Borruwer cuzes all brnaches of any o±hercovenante or agreemeats ~f Borrower oontained in ~ thia Morigage; (c) 8orrawer psya sll reseonable eapensee incurred by Lender in enforcing the covenants and agreements of Borro,ver a,ntaiued in this Mc+rtgage and in enforc~:ng Lender'a remedies ea provide~ in Qaragraph 18 hereof, inc3uding, but not limited to, reasonable attornPy e fcea; and (d) Bormwer takea such nction ar I.ander may reasonahly require Lo assure that the lien of thia Mortgage, Lender'e interest in the PropeTty and Bcirrower e obligation to pay the a~una secured by this Mortgag_ shall continue unimpaired. Upon e~ce paya~E~?t nnd cure ; by ~3orrower, this Mortgage and the obligationa secured hereby ahall remain in full foTOe and dfect r,e if no acceleration had occvrred_ 20. Aseignment of Rente; Apgointment of Receiver. As additional aecurity hereunder, Borrower nereby aseigns to l.e~der the reats i of the Pr~perty~ pr~vided that Borrower ehall, prior to aoce:erntion under paragraph i S hereof or a1~ar?danment of the Property, have the ri~?:t ` to colled and retain euch renta ea they became due and payab:e. # Upon aooele~ Son under peragrsph 13 hereof or absndonment of ihe Property. I.ender shall be entiderl to have a reoeiver aQpointed by e ~ oourt to er.ter.np~n, ta1~e poseeseion of and manage the Peoperty end to collect the rente of the Property, includiag tbos~ peat due. All rente ~ oollec.~ted by the receiver ahall be app:ied fi.-et to payment of Lhe ooeta of management of the Prcperty and oollection of renta, inciuding, but not ~ limitr~d to, receiver's fees, premiuma on receiver's bonda and reaeonable attorney's fees, and thea to the sume eecured by this Mortgage. The receiver shall be liable to aooount only far thoa~ rents actually received. ~ ~ d00K ~'U~. PI~E ; , ~ ~ ~