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HomeMy WebLinkAbout1668 10. Borruwer Not Released; Forbearance By Lender Not A Waiver. Extension of the cime for paymen~ or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor ~n interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors ;n interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the originai Borrower and Borrower's successors in ~nterest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable la~v, shall not be a waiver of or preclude the exercise of any such right or remedy. I1. Successors and Assigns Bound; Joint and Several Liabillty; Co•signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of L~nder and Borrower, subject to the provision of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrowe? who co-signs this Mortgaqe, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Bor- rower hereunder may agree to extend. modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mor- tgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Bonower provided for in tf~is Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other a~dress as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation l.oan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's optior., may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labcr, materials or services in con- ne~:ion with improvements made to the Property. 16. Transfer of the Property. (f Borrower sells or transfers all ~r any part of the Property or an interest therein, excluding (ai the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, or (c) the grant of any leasehold interest of three years or less not con- taining an option to purchase, Borrower shal) cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's security may be impaired, or that there is an unacceptable likelihood of a breach of any covenant or agreement in this yiortgage. or if the required information is not submitted. Lender may declare all of the sums secured by this Mortgage to i be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrowet notice of ~ acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from ` the date the notice is mailed or delivered within which Borrower may pay the sums declared due. lf Borrower fails to pay i such sums prior to the expiration of such period. Lender may, without further notice ar demand on Borrower, invoke ~ any remedies permitted by paragraph 17 hereof. NOti-UNIFORM COVEtiAMS Borrower and Lender further covenant and agree as foltows: E 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of ~ any covenant or agreement of Batrower in this Mortgage. including the covenants to pay when due any ~ sums secured by this Mortgage. Lender prior to acceleration shall give notlce to Borrower aa proWded in ~ paragraph 12 hereof specifying: (1) the breach; (2) the actlon required to cure such breach; (3) a date. not ~ less than 10 days from the date and notlce is mailed to Borrower, by which such breach tnust be cured; ~ and (4) that fallure to cure such breach on or before the date speciHed in the notlce may result ie accelera- g tion of the sums secured by this Mortgage, foreclosure by judiclal proceeding, and sale of the Property. ~ The notice shall further inform Borrower of the right to reinstate aker acceleratlon and the right to assert ~ in ine foreclosure proceeding the nonexistence of a default or any other defense of Borrower to accelera- ~ tion and foreclosure. [f the breach is not cured on or before the date specified in the notlce, i.ender. at ~ Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable ~ without further demand and may fore~lose thls Mortgage by judicial proceeding. Lender shall be entided ~ to coUect in such proceeding all expenses of foreclosure. including, but not iimited to, reasonable at- e torneys' feea, court costs, cost of documentary evidence, abstracts and tide repocta. 18. Borrowee's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this " Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender aU sums which would be then due under this Mortgage and the Note had no accelera6on occurred; (b) Borrower cures ali breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays aU reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in ~ enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees : and court costs: and (d) Borrower takes such action as Lender may reasonably sequire to assure that the lien of this = Nlortgage. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall ~ continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall ~ remain in full force and eHect as if no acceleration had occured. ~ 19. Assignment of Rents: Appointment of Rec¢ives. As additiona! security hereunder, Borrower hereby ~ assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain s~ch rents as they b¢come due and payable. Page Three of Four BUGK6~~ PAGE1VlK7 : _~N ~~F~ ~h~ ~~~G-~~~..~'A'~~