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Home My WebLink About2661 & L~ction. Lender ~nay roake or cause to I,e mude reasonahle entries u~wn and i~~apectiona oi the Prop- etty, pruvided that I.ender shall give Aorrower notice ~~rior to any sucl~ ins~~ection specitying reasonable cause therefor releted to I,ender'a iatcreat i~ the Yroperty. . 8. Cot~d~tnaation. The proceeds of nny awar~l or claim tor da~nages, direct or consequential~ in conneation with any condemnation o~ other taking of the Ymperty, or ~~art thereof, or tor conveyance in lieu of eondemna- tion, are hereby asaigned and shall be paid to I.ender. - In the event of a total taking oi the Property, the proceeds sha111M appiied to the Kums securecl by thie Mort- gege, with tho ezcess~ it any, ~~sid to Borrower. In tlie event of a partial taking of the Propert,y, unless Borrower aind Lender otherw ise agree in nriting, them shall I,e applied to thc sun~s secured by this ~iort~?ge euch propor- tion of the proceeds as ie equal to that pmportion ~vhich the amount of the sums secured by thia Mortgage imme- diately prior to th@ date of tsking Uears to tlie fair market. value of tl~c Property immcdiately prior to Zhe date of taking, with the balance of the proceeds paid to Borrower. .If the Property is al~andoned by Borrower or ii utter notice by I.ender tv Borro~ver that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to I,ender ~vithi~ 30 days of the date uf such aotice, Lender ia authorised to collect• nnd apply tl~c ~~rocceds at I.ender's option eitl~er to restotation or repair of the Propeity or to the suma secured by this \iortgage. Un!ess I.ender and Borrower otherwise agtee in writing, any suoh application of pmceeds to principal shali not extend or postponc t-he due date of the monthly installments referred to in paregraahs 1 and ~ hereof or change the amount of such installments. 10. Borrower Not Rolaoaod. Extension of the tiu~e for ~~Ayment or malification ot amortisation of the suma secured by this Mortgage granted by I.ender to any suecessor in interest. of Borrower sl~all not operate to release, in any manner, the liability of the original Borrower and Bortowcr's succe,ssors in interest. I.ender shall not bo required to commence proceedings against such successor or rniuse to extend time for pa~ ment or otherwise modify amortisation oi the sums secured by this ?1~fortgage by reason of anv demand made by the original Borrower and Borrower's successors in interest. 11. Forbo~aace by I.endes Not a Waiver. Any forbearance by I.ender ~in exercising any right or remedy hereunder, or otherzvise affordeci by applicable la~v, shall not be n~vai~er ot or nreclude the exercise of any right or remedy hereunder. The procurement of insurance or the ~~ayment, of taxes or other liens or charges by Lender shall not be a w~iver of I.ender's right~ to acceleratc the maturity of the indebtedness secured by f,his Mortgage. 1Z. Romedies Cumulative. All remedies provideci in this ~iortgage are distinet and cumnlative to any other right or remedy under this ~iortgage or nffordeci I~y law or equity, and may be exercised concurrently, independ- ently or successively. . 13. Successora cmd Assigna Bouad; joint amd Several Liability;. Captioas. The covenants and agreements herein contsined shall bind, And U~e rights hereunder ~hall inurc to, ti~c respective successors and assigns of Lender and Borrower, subject to the provisions oi pacagraph 17 I~ercof. all covenants and agrecments of Borrower shsll be joint and se~•eral. The captions and i~eadings of thc ~iuragra~~hs of this \iortgage are for convenience oniy and are not to be used to interpret or define the ~~rovisions hereof. 14. Notice. Any notice to Borrower provided for in this ~[ort~age shap be gi~~en by mailing such notice by cert~ified mail nddre.g.sed to Borrower s?t~ the Propert.y :~ddmcs stateci bela~~ , except for any notice required under paragmph 18 hereof to be given to Borroner in thc manner ~irescribed by applicable law. Any notiee provided for in this ~~Iortgage shall be deemeci to havc heen given to Borrowcr wlien given in the inanner designated herein. 15. IIniform Mortgage; Governing Law; Severability. This form of mortgage combines unifornn covenants for national use and non-uniform covenants witl~ limited ~ariationc by jurisdiction to constitute a uniform secu- rity instn~ment covering real property. This ~iortgage shail be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this vior~gage or the Note conHicts with 3pplicable law, such conflict shall not nffect otlier provisions of this ~io;t.gsge or the Note which can be given c~'ect ~vithout the conflicting provision, and to this end the pro~•isions of the \iortgage and the Note are declared to be severable. . - 16. Bonower's Copy. Borrower si~all be furnisl~ed a conforn~ed copy of this ~4ortgage at the time of execu- ! tion or after recordation hereof. ~ 17. ?ransfer of the Property; Aasumptiou. If all or any ~~art of the Property or an interest therein is sold i or transferred by Borro~cer without I.ender's prior written consent, e~ccluding (a) tl~e creation oi a lien or eneum- ~ brance suUorciinate to this ~iortgage, (bi the creation of n ~~uml~aFC money security interest for household appli- f ances, (c) a transfer by devise, descent or by o~~eration of ta« u~wn the death of a joint tenant or fd) the grant of ~ any leusehold interest of three yes~ or less not containing an option to purctiase, Lender may. at Lender's option, ~ declare all the sums secured i~~ this ~iortgage to l~c immecliAtel~ due ~?nd payable. T.ender shall have waived such option to accelemte if, prior to the sale or transfer, Lender niid tl~e ~~erson to whom the Property is to be sold or ~ transferred reach agreement in writing tl~at the creciit of sucl~ ~~e~on i~ satisfactory to Lender and that the interest ~ payable on the sun~s secnred bS• this 1iort~guge ~l~all l,e at sucl~ rate as T.ender shall request. If Lender has waived f the option to accelemte provided in this paragrapl~ I7 und if Borro~cer's successor in interest has executed a writ- ten assumption ~gi^eement~ accepted in writing by T.ender, I.ender shall release Borrower ftom all obligations under this Mortgage and the Note. . If 1,ender exercises such option to acceleratc, l.ender shall ~nail Borrower notice of acceleration in accordance ~ with ~,aragraph 14 hereof. Such noticc sl~all pmti•idc a I~eriai of not less than 30 days fmm the date the notice is e rusiled «•ithin whicl~ Borrower n~ay pay the sums declared due. If Borrower fails to pay such sums prior to the ~ expiration oi such period, I.ender may, ~~•ithout further noticc or ~lemand on Borroaer, invoke any remedies per- mitted by puragraph 18 hereof. ~ . ' ~TOi~-UNIFOAM COVENANTS. Kor?•owei• aud Lender further co~ enant and agree as follows : ~ • t 18. Acceleration; Remedies. Except as ~~ro~•ideci in ~~aragrapl~ 17 hereof, u~~on Aorrower's breach of any ~ covennnt or agree~nent of Borroaer in thi~ \Iortgage, including the co~•enants to pay w•hen due any sums secured ~ by this ~'Iortgage, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof ~ specifying: (1 j the breach; (2) tl~e act.ion requirc~l t.o cure 5uch breacl~; i3) a date, not less thsn thirty days_fmm ~ the date the notice is inailed to Borroaer, by whicl~ sucl~ I~macl~ ~nust be cureci; and (4) that failure to cure sueh ~ breach on or before thc date specified in the notice ~nay result in acceleration of the smns secured by thia Mortgage ~ and sale oi the Property. If thc brcach is not curc~ct on or I~efom tlic date :pecified in tt~e notice, Lender at Lender's option may declnre all of the : innF secured bp t.his ~tortgage to Ix~ imiuediately due und payable without turther ~ dc~nand and may foreclose.this Mortgagc by judicial proceccling. l.ender ~hall be entitled to collect in such proceed- R ing all expenses of foreclosurc, including, but not li~uiteci b~r~ ~ouabic attorney's fees, and costs ot documentary ~ evidence, abstracts and title reports. " ~ p R ~~y ~ . : . r~ ° - d00K ~ - i - ~ : . F~:. ~ ~ - ~ ~ ~ -n ~v ' - . _ s