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Home My WebLink About0249 8. Lisp~ction. I.ender uiay n?ake or cau~e to Ix~ ~uade reabouable ~~ntrics upan and ins~~ections oi the Prop- crty,,provided that I.ender shall give Borm~•cr notice ~~rior to nny sucl~ inspection specifying reasonable cause s therefor releted~to I.ender's interest in the Property. ` 8. Cond~maation. The proceeds oi nnv nward or claim for damages, direct or consequential, in connectaon . ~vith Any condemnation or other taking ot the Property, or ~~art tl~ereoi, or tor convoyance in lieu of condemns- tion, are hereby assigned and shail bo paid to Lender. In the event of a total taking of the Pmperty, tl~e proceeds sl~all I~e a~~plicd to the sums secured by this Mort- gage, with t~e excess~ if any, paid to BoTrower. in the eveat of a partial taking of the Propetty, unlesa Borrnwer and I.ender otherarise agree in writing; there shall tM a~~rliMl to the sums secureci by this'~iortgage suoh propor- tion of the proceeds ae is equal to that proport•ion ~vhich tl~e amount of the sums secured by this Mortgage imme- diatelq prior to the date of taking bears to t.he fnir u~arkct ~~aluc oi thc Property immediately prior to the date oi teking, with the balance of the proceeds paid to Borrov~ er. It the Property is Abandoneil by Botrower or if Atter notice by I.ender to Borro~ver that tl~e condemnor offers to make an award or sciiie a claim for aan~~~c~, Ba~ruwar- faiib to r~pond to T.ender within 30 ~ays of the date = of such notice, I.ender is authoriaed to collect and upply the proccecfs at I.endcr's option either to restoration or . repair of the Propetty or to the cums secured by this \[ortgaqe. Unless I.ender and Borrower othenvise agree in writing. any such applicetion of proceeds to principal shall not extend or Postpone the due date ot the montl~ly instaliments referreci to in paragra~~l~s 1 and 2 hereof or . chnnge the amount of such installments. 10. Borro~ver Not Aeloased. E~ctcnsion of t.he tin~e for ~~uyment or ~nodification oi amortisation of the sums secured by this Mortgage granted by T.ender to any succe.ssor in interest o[ Borrower shall not operate to release, in any manner, the liability of the origin~l Aorrower and Borro~vcr's successors in interest. I.ender shall not be required to commence proceeciings against sucl~ successor or retuse to extend time for payment~ or other~vise modify :~mottisation of the sums secured by this \iortgage by reason of nny demand made b~ the original Borrower and Borrower's successors in interest. - 11. Farbemrance by Lender Not n Waiver. Any forbearance by Lender in exercising any right or remedy I~ereunder~ or otherwisc a~'orcied l~y applicable law, sliall not. i~c n~~ aiver of or ~~reclude the exercise ot any right or remedy hereunder. Tl~e procurement o[ insurance or tl~c payment of tnxes or other liens or chat~s by ~.ender shall not be a~vAiver of Lender's right to uccelernte the maturitv ut the indebt~ness securc:d by ~this ;btortgage. l~. Remedies Cuaaulative. All remedies pmvideci in this ~lortgage are distinct and cumulative to any other right or remedy under this \iortgage or ut~orded I~y la~ or cquity, and may be exercised concurrently, independ- t~ntly or successivcly. 13. Succeasors ~d Assigns Bound: Joiat and ~Several Liability; Captions. The co~•enAnts and agreements {~erein contained shall bind, and tl~e rights }~ereunder shall inure to, the respective successors and assigns of Lendet ;~nd Rorro~ver, subject to the provisions of paragraph 17 l~ereot. ~11 covenants and agreements of Borrower shall be joint and se~•eml. The captions and l~eadings of the ~?aragrapt~~ of this \iortgage are for convenience onlq and are not to be used to interpret or define tl~e provisions hcreof. ~ 14. Notice. Any notice to Borrower provideci for in this ~IortgaRc shall he given by mailing such notice by ~•ertified iuail addr~~ssed to Borro~vcr at thc P~pperty Addrea statecl belon, except for an~ noticc requireci under '4 ~~sn~graph 18 hereof to l~e given to Borm~ cr in the ~uanner prescribeci by applicable laA~. ~ny notice provided ' 1 for in this \iortgage shall be deemed to ha~~e t~een given to Borro~rer ~vhen given in thc roanner designated herein. ` t 15. IInitorm Mortgage; Goverauig Law; Severability. This form of mortgs?ge combines uniform covenants for national use and non-uniform covenants n-it1~ limiteci ~ariat~ions by jurisdiction to constitute a uniform secu- rity instrument covering real property. This ~tortgagc shAll be governed by the la« of thc 2urisdiction in which the Propetty is locateci. In the event that any provision or clause of this tilortgage or the Note conflicts with ' applicable law, such confliet shall not n~'ect. other ~~m~ ision~ of this 1io~tgage or the Note whieh can tie given eRect ~vithout the conflicting provision, and to fhis end the prrn-ision~ of the ~iortgage and t.he Note are declared to be severable. i 16. Borrowei s Copy. Borro~ver sh~ll be furnisLeci a contorn~ed copy of this ~iortgage at the time of execu- ! tion or after recordation l~ereof. ; • 17. ?rcrosfer of the Propesty: Assumption. If all or am• ~~art of the Property or un interest therein is sold ~ or transferred by Borrower ~vithout I.ender's prior ~rritten consent, exciuding fa) the creation of a lien or encum- brance sul~ordinate to this ~iortgage, (bl the cre:ifion of u p~u•cha~c monev security interest for household appli- unces, (c) a transfer by devise, ~lescent or by o~~cr:ifion of l~n• tq~on tl~c death oi a joint tenant or (d) the grant of ~ any leasehold interest of three years or less ~iot containing an op[ion to purchasc, T.ender ma~ . ut Lender's option, € ~teclare all the swns secured b~ this ~fortgage to bc immeclia#ch• ~iuc and payable. I.ender shall have ~vaived such option t.o accelernte if. prior to t~he sale or trnnsfer, I.ender and tl~e ~~erson to ~vhom the Property is to be sold or transferred reach agreement in writing tl~ut tl~c credit of sucl? ~~erson i~ :utisfactory to Lender and that the interest p$yable on t.he sums secured b~ this ~iortgage ~liall I~e at ~uch rutc us I.ender shall request. If Lender has waived the option to accelerate provided in this ~~aragraph 1? and if I3ormn•er's successor in interest has executed a writ _ ten assumption agreement accepteci in ~vriting b~• I.ender, l.ender ~hall relesse Borrower from all obligations under thie 11lort,gage and the Note. If I.encier exercises such o}~tion to ucceleratc. T.ender shalt ~nail Borrower notice of acceleration in uccordance ~~•ith paragraph 14 hereof. Such not.ice shall ~~rovide a i~eriai ot not 1e.5 than 30 da~ s from the date the notice is ~uailed «•ithin «hich Borrower ma~ pay tl~e sum~ declareci ~iuc. If Borrower fails to ~ay such sums prior to the expiration of such ~~erial, l:ender may, ~fithout further notic~~ or ~leman~l on Borrower, invoke an} remedies per- mitted hy paragr~sph 18 hereof. tiON-UNIFOBbi ~AYENA\TS. KOI'1'ON'Cl' iUlll I.CI1lIC1' fill'tj1C'1' CO~'P11RIlt All(1 Ag'ree as folloRS: ; ~ 18. Acceleratioa; Remedies. Except ~~ro~-ided in ~~aragr.i~~6 17 hereof, upon Rorroner's breach of an~ ~ ~o~•en:~nt or agreement of Rorrowcr in this ~lortgage. includinR the co~•enantr to pa~ when due any sums secured ` by this Nortgage, I.ender prior to accclerntion shall wail notice io Borrow`er :~.5. pmvid~t in paragraph 14 hereof ~ specifying: (11 the brcach; 1.2) the action requirc~l to care sucl~ breach: ~31 a date, not lesslJ?g~.~hirty days fmm ~ the dutc the notice i~ maiteci to IIorron•cr, h~• which wch bmac{~ mi~~t I~e cumd; and (41 that fa~ ure to cure such ~ breach on or before the dutc specificd in the noticc n~a~ re~ult in acccleratiun oi the sums secured by this ~iortgage and sale of the Property. If tl~e brcach is not curea on or I~eforc thc datc specified in•the notice, I.ender at Lender's ~ option may declare all of the sums sccured by this ~tortgage to I~c i~wuediatelv due and payable v~rithout further demand and may foreclose this ~iortgagc by judieial ~?roceecling. i.~nder ahall be entitled to collect in such proceed- E ing all expenses of foreclosurc, including, but not limitcci to, reasonable attorney's fees, and costs of documentary ~ evidence, abstracts and title repotts. ' . , ^ V i . ~~~K? ~A~~ 249 ~ - - w _ ~ 5.r ' _ ~~tyj ~