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HomeMy WebLinkAbout0952 ~ i 8. lnspection, lxnder may make or cauae to be mada reaaonable entriee upon and inapectione of the property, provided that l.ender shall give Borrower notice prior to any such inapection epecifying reasonable cauae therefor related to L.ender'a intereat in the Ptoperty. 9. Condemnntion. The proceede of any award or claim for damages, direct or consequential, in connection with any oondemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby aseigned and ehall be paid to Lender. In the event of a total taking of the Property, the proceeds ehall be applied to the auma eecured by thie Morigage, with the eicees, if any, pAid to Borrower. In the event of a partial taking of the Property, unlese Borrower and I.ender otherwise agree in writing, there ehall be ~pplied to the sume aecured by thie Mortgage auch proportion of the proceeda as ie equai to that proportion which the amount of the eume secured by Shia hlortgage immediately priar to Ihe date of taking bears to the fair market value of the Property immediately prior to the date of taking, wich the balanca of the proceede paid to Borrower. If the Property ie abgndoned by Borrower, or if, after notice by Lender to Bonower that the condemnor offere to make an awsrd or eettle a claim for damagee, Bormwer faile to respond to Lender within 30 daye after the date euch notice ie mailed, Lender ie authorized to collect and aQply the proceeds, at Lender'a option, either to reatoration or repair of the psoperty or to the aume eecured by thie Mortgage. Unlesa Lender and Borrower otherwiae agree in writing, any auch apFlication of pmceeds to principat ehall notextend or postpone the due date of the monthly installinenta referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Releaaed. Extension of the time for paym ~nt or modificat~on of amortization of the sume secured by thie Mortgage Kr~nted by I.ender to any successor in interest of Kormw•er shall not operate to rele.~se, in any manner, the liability of the ori~inal Borrower and Borrower's successors in interest. l~ender shull not be required to iY~mmence pn~cc~inKs t?Kainat such successor or refuse to extend time f~u pay~ment or otherw•ise mudify amurtizatiun of 1he sums securt~l tn~ this MortKuKe h~• rt•acun of any demand made by the original Borrower ,ind t3urruwer's succe,surs in interest. i l. Forbearance by Lender Not a Waiver. An~ fnrbearance by l.ender in exercising any right or remedy hereunder, or otherwise ~ifforded by applicable law, shali not be a waiver of or preclude !he exercise of any such riKht or remedy. The procurement of inaurance or the payment of taxes or other liena or charges bp [.ender shnll not be a waiver of I.ender's right to acrelerate the maturity of the indehtedness yecured by thia !~tort{;age. 1'l. Remedies Cumulative. All remediea provided in this Mortgage are distinct and cum~:lative to ang ~~ther right or remedy under thie ~tortrage or afforded by law or equity, and ~na>• be exercise~l concurrently, independently or succeasively_ 1:1. Succesaors and Assigne Bound: Joint and Several Liability; Captione. The covenanta and :?greements herein contained shall hind, and the ri~;hts hereuRde~ shall inure to, the re::pecti~~e successors and assigns of t.ender and fk~rrow•er, subject to the provisions of par~Rraph 1 ~ herc~~f. All co~•enant~ and aKrremeMs of Ek~rrower shall be joint and se~•eral. The caption~ and headinKs of the paragraphs of this Murtgage ~re for co~•eniencr nnly ~nd are n~~t to be used to interpret or define the provisions hereof. 1-#. tiotice. h:xcept fur an}• nutice rr~c~uirrd under applicahle law• tu be ~;i~•en in anuth ~r manner, ~u) an~• nutice t~~ EiunoN~er pruvided forin ,his 41ort~aKe shall be gi~~en by mailinK such nutice b~• cercifieci sr:ail addressed to Rorrower at the Pruperly Address or at such other addresa as tiurruwer ma~~ designate by notice to l.ender as pr~n•ided herein, and (b) any notice to [.ende: shall be Kiven by certified mail, return ~eceipt r~~c~uested, to l.ender's address stated herein or to such uther address as I.ender ma~~ desiKnate by notire tc~ Borrower aa pro~~ided herein. Any nutice pro~~ided for in this MortgaKe shall be deemed to ha~•e been given to Borro~ver or l.ender when given in the manner designated herein. I l:i. l?niform Mortgage; Governing Law; Severability. This form of mortKaKe comhines uniform cc~~ enanta for national use and non- unifarm co~•enants with limited variations by jurisdiction to rnnstitute a unifarm secunt~~ instruneent co~•erin~ real property. 7'his ~tortgage ' ~h,iii be ~;u~~ernrd by the l~iw of the jurisdictiun in ~•hich the Yn~pert~• is I~cate~l. In the r~•ent that am• pru~•ision or clause of this Mortgage or ' tht~ tiute c~~n`.licts witF applicable law, such runtlict ~hall nut xffect oihrr pru~•tsiuns of this :~IurtK~tKe or the Note which can he ~iven effect 1 «ithuut the confl.rtinK prua•ision, and t~~ thic rnd the pr~~~~isions uf the ~4ortKaKe and the tiote ase declared to be severable. 16. E~~rruwer's Copy. Rorrower shall be fumished a confor.ned copy uf the Note ard of this :~1ort~;aRe at the time of execution or after rt•c~~rdati^n herc~;f. ' ' 1 Z Transfc r of the Propert~~: :~ssumption. If a{t ~~r an~• part ~~f the !'ropertv ~~r an intrrest therein is sold or transferred by Burruwer ' i. j; ti ithuut [xnder'e prior ~•ntten c~~nsent. eaciudinK ;ai the cre:~tion i~f a lien or encumbrance subordinate to this hiortgage, 4b1 the creation of a I L ~:u rrhase money security interest for huuseh~~ld appliance~, rc) a transfe- by devise, d.scent or by operation of law upon the death of a joint E tr~nant ur tdl the grant of any leasehold intere~t of three years or less not conLaininK an option to purchase, Lender may, at Lender'e option, F ~ de~ lare all the sums secureu by this ~tortAxRe to be immediately due a~d payable. Ixnder shail have waived such option to accelerate if, prior j ~ the• sale or transfer, I.ender and the person tu whnm the Yroperty~ is to t~ suld or transferrrd reach aKreement in w-riting that the credit of such ~ r.~m is satisfact~~r~~ t~~ l,ender .ind that ~ht~ intert•st pay~ciblr ~~n thc~ sums secured b~• this h1~~rt~;aKe sh~ill be at such rate as (.ender shall ( r~ yuc~st. If Lender has w aived ihe ~~ption to accc~iFr,;tt~ pr~n~ided in this paraKraph i;, cind if Bnrrow~er's successor in interest has executed a ~ .t ritcrn .issumption a~-ee~mc~nt accepted in H•ritink 6~• Lc•nder, l.ender shall re?ease Rorrower from all obliKations under tfiis'~tortKage and the ~ ':~,t~~. i i f Ih~ndt~r exrrc~ses such optian to ,~cceteratt~. Lender shall m.iil }i~,rruwer n~~tice of acceleration in accordance with paraKraph 14 hereof. ~ ~~.i: h nutice ~h~~ll pm~•idt• a periud „f nut it•s~ chan :{u ~iays fr~~m thedate the nuti~•e is rr.ailrci within ahich Borrow•er mat~ pa~• thesums declared i~.~, [f !{~~rr~~w•~•r f:iii~ tn pay such ~ums priur tu thc~ expir.itiun uf surh prriud, Lende,- m~iy, withuut further notice or demand on fiarrow•er. :;~~nke~im' rt•medie~ permiitc~ ht~ parak•raoh I* li~•re~~f. ~ IR. ~eceleration; Kemediea. F.xcept as provided in paru~{rnph 17 heceof, u;>on Borrow•er's breach of any covenant or ~ <~Krcement of Burro~a•er in this ~1ortQ:ige, includin~ the covenants to pay when due any sumec ~ecured by this Mortgage, Lender t ~,rior to acceleration sha11 mxil notice to Borrov?•er xs pra~~ided in Para~raph 14 hereof apecifying: (1) the breach; (2) the action ~ re~quired to cure such breach; (31 a date, not less than 30 days from the date the ~otice is maiied to Borrower, by which auch ; hrrach must be cured; anci (41 that failure to cure such breach on or before the date epecified in the notice may resuit in ~ .~ccelerstian of the Rums secured by thiw Mort~a~e, foreclosure by judicial proceeding and saleof the Property. The noticeshall ~ further inform Borrower of the right to reinytate after accel~: ration and the right to assert in the foreclosure proceeding the ; ~c,n-existence of a default or any other defense of Boerow•er to acceleration and forectosure. If the breach is not cured on or hE>fare the date specified in the notice. Lender at Lender's option may declare all of the aums eecured by thia Mortgage to be ` i mrr~ediately due and payable withaut further demand and may foreclose this Mortgage by judicial praceeding. I.ender shall be t~ ~1t4tied to col{c~ct in such proceedin~{ all F~xpenses of fore~losure, including, but not limited to, reaeonable attorney's feeA, and ~„st~ of documentar~• evidence, tibstracts and title reports. 14. E3orro~a~er'a Right to Reinstate. ;\otwithstandinK I.ender's acc~leration of the aoms aecured bp this MortqaKe, Horraw•er shall have ' !hf~ right to ha~•e any proceedinKs beKun by I.ender tu enforce this iti~ortKaKr discontinued at any time prior to entry of a judgment enforcing ~ this Mortgage if: (a) Borrower pays I.ender all sums which would be then due under this Mortgaqe, the Note and notes seruring Future :»vances, if any, had no acceleration occurreci; tbl Borr~wer cures all breaches of an>• other covenants or aqreements of Borrower cor.tained in chiR 6tortgaRe: (c! Borrower pays all reasonable expenses incurred by I.rnder in enforcing the covenants and agreements of Borrower :~,ntained in this 1lfort~aQe and in enforcinR I,ender's remedies as provided in paragraph IH hereof, including, hut not limited to, reasonable +tt<zrnev's fees; and sd~ Borrower iakes surh action as i.ender may reasvnably require to assure that the lien of this ~19ortgage, I.ender's interest ; r. the Yroperty and Borrower's obliKation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure h~~ I'orrower, this Mortgage and the obliRationa aecured hereby shall remain in full force and effect as if no acceleration had occurred. `LU. Aeeignment of Kenta; Appointment of Receiver. As additional ~urity hereunder, Borrower hereby asaigna to Lender the renta ~f the F'roperty, provided that Borrower shaU, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have theright ' co collect and retain such rents a8 they become due and paya6le. Upon acceleration under paragraph 18 hereof or abandonment of the Yroperty, Lender ahall be entitled to have a receiver appointed by a c~nurt to enter upon, take possesaivn of and manaR2 the Yroperty and to collect the renta of the Property, ine)uding those paet due. All rents ' : c~llected by the receiver ahall be applied firat to payment of the costs of management of the PropeRy and collection of rents, including, but not i i mited to, receiver's feea, premiums on receiver's bonds and reasonable attorney's fees, and then Lo the suma eecured by thia Mortgage. The receiver ahall be liable to account only for those rente actually received. , ~~~K4(l8 ~~~E 951 ~ _ __~...,,n , T - - . - ~ ~a,.. ~ ~r~=~~ ~ ~..,~s~~~ ~ - . _ _ . a=