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Home My WebLink About0094 ~ • f ~ , . , j 8. Lupectioa. Lender way tnake or caws to be made re~~oaaWe eatirie~ upon aad ia~pection~ of the proper~y. ptovided that Leader shall ~ Qive Borrower notiw prior to e~uy such inspection ~Pecifyia~ sea~oneble cawe t1?erefor relatsci to Lender'~ iatere~t in t!a Ptopeety. 9. Condemnation.'Ris pcocaed~ of any aMUd or claim for dema~es. direct or oon~equential. ia connection wiW aay oondemnetion or oWer taldn~ of the propee~y. or part thereot. or fo~ ooz?veyanos in liea o! ooademnatioa, ars hereby rusi~aed aad shall be p~id b Leade~. . In the ~vent of a O~tal takin~ of the Proputy. khe procaed~ ~hall be applied to the ~ums ~ecured by thi~ Mat~a~e, with the ~soeM. it a0.Y. paid b Borrower. In the evene ot a paeti~l takin~ of the Pro~ty. nnlea Borrow~ aad i.eade~ othenviis a~res in .vritia~t. th~re ~hall bs applied to the rums secured by thi~ Mort~a~e such propoartioa of the u equsl to that propostion wbich We amount of We ~um~' ~ecured by this Mort~ay~e immediatelY Peior to the dats e~~b~es b We kef. valne of the ProPeK3? immedi8telY Prior Lo tbe dete of talrin~. ~viW t6e belanoe oi the prooeed~ paid b HorM~r~. • - If the Propaz~y i~ abandoned by Haro~ra~r. or i~ alter aolioe by Lsnder to Bacrower that the ooadeanaor oaees to make an award or ~ettie a claim for damages. Borrower feiL b re~pand to I.ander withia 30 d~y~ a!'t~ the date such notios u mailed, La~der i~ authorised to collect and app~y the prooeeds. at Lendee's optioa. eiWer to redoration or repais oi the propsrty or to tbe ~nnu ~ecured by thi~ MartgaQe. Unlew Lender and Borro~rer oth~rwiss a~ree in writing, any ~uch application of prooeed~ Lo priacipal ~all not eztend ~ pwtpone the due dats of the monthly iastallmeats referred to ia paragraphs 1 aad 2 hareof or chan~e We anannt of such installmeata. 10. Borrowar Not Relea~ed. E~ctension of the time for paymsut or modification of aawrtisation of the sums secured by thu Mortgage graated by I.ender to aqy ~uooesaor in intere~t of Borrower shall not operate b relea0e. in anY manner, the liability of t6e original Borrowar and Borrower's succbesoTS in int~rest Leader ahall not be required to oommeaoe prooeedings againat such suoceswr or r~use to estend tiime for paymeat or oWerwise modibr amorti:atioa of the awne secured by this Morigag~b~?:n~w~Q,fpny demgnd made by~the original Borrower and Borrowda auoceseors in intenst. ~ ° s 11. Forbearanoe by Lender Not a Waiver. Any forbesranoe by Leader ia s~cescising any right or nmecly herennder. or othetwise afforded by applicable laa. s6a11 not be a waiva of or p:eclude tbe ezerrcise of any such ri~ht or nmedy. The procur~ment of ins~uance or the payment of taze~ ar other lieas ~ charges by Lende~ shall aot be a waiver of L~der's right to aooelerate the maturity of the iadebtednees s«,,ued by th;a Mortgage. ~ _ 12 RemedIes Camuladve. All semediat provided in this Ma~t8a6e are distinct and cnmulative to any other right or nmedy under this Moitgaga or aHordcd by law or equity. and may be esercise~l ooncnrnntlY. inde~dently or saooe~sivdy. 13. Snaaeseor~ and As~i~ Bound; Joint end Several I.iabilitp; Captioas.ll?e oovenanta and agreements henin ooatained shall bind, aad We righb hereunder shall iaure to. the napecbive snooeesors and essign~ of I.ender and Bosrower, subject to the proviaione of paregraph 1T hereot All oovenants aad agreemente of Boiroae~r shall be joint and sevmral. The captiona ~nd headings of the paragraphs of this Mortgage are for oovenienoe only and are not to be nsed to iater~at or de5n~ the provision~ hereoL 14. Notloe. Eaoept for any notice required under applicable law to be given ia anoth~ msnner. (a) any notioe to Borrower pcovided for in this Mortgage shall be given by mailing such notioe by oerti6ed mail addreesed to Borrower atthe Property Addnes or at such other address as ~ Borrow~ may deaignate by notioe to I.ender as provided herein. and (b) any notioe to I.ender shall be givea by certi5ed mail, ~ reo~ipt requested, to Lender e address ststed harein ~ to such other address as L~endez me~y designate by notice to Borrowa aa provided herein. Any notioe provided for in this Mortgage ahall be deemed b have been givea to Borrower or Lender when giv~ in the manner deaignated herein. 15. Uniform llort~a~e; Goverain~ I.sw; 8everabilit,~.'I1~is form of mortgage oombinea uniform oovenants for aational nse and non-. uniform oovenents with limited variations by jurisdiction to oonstitute a nniform security instsumwt oovering real property.'lbia Mortgage shall be governed byc the law of the jorisdiction ia wtuch the Prope:ty ia located. In t6e event that any gmviaion or clanse of this Mortgage or the Note conflicts with applicabk law. sucb oontlict ahall not a~ect oW~r provisions of this Mortgage or We Nate which can be givea e~ect withou! the oonilicting pmvision. and to thia ead the proviaioaa of the Mottgage a~d the Note are declared to be sevarable. 16. Borrower's Copy. Borravver shall be furniahed a conformed o~py of the Note and of thia Mortgage at the time of ezecntion or aft4x reoordation hereoL . 17.1'ransfer of the Property; Aesamption. If all or aay part of the Propezty or an iaterest therein i,e aold or tranafeaed by Borrower without I.ender's p:ior written consent, r~clnding (a) the creation of a lien or encambranoe auboidinate to this Mortgage. (b) the creation of a purchase money security intezest for honsehoW appliances, (c) a trander by devise. descent or by operatioa of law npon the deaW of a joint tenani or (d) the grant of aay leasehold intarest of three yeare az leas not aontaining an option to pnrchaee. Lender may. at I~ender's option, declare all the aums sei.vren by this Mortgage to be immediately dne and payable. I.ender shall have waived sach option to aooelerate it; prior to the aale or transfer, Lendet aod the person eo whom the Property ia to be eold o~ transferred resch agreement in writing that the credit of anch person is eatisfactory b I.ensler and that the intereet payable on the snnos secured by thia Mortgage shaU be at snch rate es I.ender shall request. If Leader.haa waived the option to aoceletate provided in this paragraph 17. and if Borrower's anc~ceesor in iateregt has e:ecuted a written aasumption agreement sooepted in writing by [:ender, Lender ahall release Borrower from all obligationa under thia Mortgage and the Note. ~ If I.enda ~ezciaee auch option to accelerate. Lender ahall mail Borrower notioe of aoceleration in acoordance with ParagraPh 14 hereoL E Such notice shall provide a period of not leea than 30 daya trom the date the notice ia mailed within which Bormwer may pay the aums declared ~ due. If Botmwer faila to pay anch sums prior to the ezp"vatioa of euch pariod, I.ender may. w~ithoat further notiae or demand on Borroaer, € invote any remedies p~mitted by paragrauh 18 heceoL ~ ~ 18. Aooeleration; Itemedies. Ezcept as provided in paragraph 17 bereof, npon Borrow?er's breadi of aa~ oovenant or a~reement of Borrower in this ldortgage, inclnding t6e wvenants to pay when dne any sams eecured by this l~ortgage, I.eader prior to aooeleration ahall mail notioe to Borrower as provide~ in paragraph 14 hereof spedty~ng: (i) the breac6; (Z) the action ~ required to cure snch breac6; (3) e date, not less.than 30 days from t6e date the notice is mailed to Borrower, by which snch = breach mnat be cured; and (4) ~hat failure to cure such breach on or before the date specified in the notice may resalt in aooeleration otthe sums secured by thie ~ortgage, foreclosure by jndicial proceeding pnd sale of t6e Property. T6e notice shall further inform Borrower of the right to reinstate after aooeleration and the ri~ht to assert in t6e foreclosure proceeding the ; noa-ezistenoe of a default or any other defense of Borrower to soceleration and foreclosure. If the breach is not cured on or before the date apecified in t6e notiee, Lender at Lender's option may declare all of the sume eecvred by t6is l~ortgage to be immediately dne and payable without fnrth$r demand and may foreclose this biortge~e by jndicial proceeding. Lender shali be entitled to oollect ia snch prooeedtng all ezpenaes of foreclosure, inclading, but not llmited to, reseonable attorney's fees, and costa of documentary evidence, abatracts and title repotts. ~ 19. Borrower's Right to Reinetate. Notwithetanding Lender'e aooeleration of the anms eecared by this Mortgage, Borrowez ehaU have the right to have any prooeedings begun by Lender to enforce this Mortgage disoontinued at any time prior to entry of a judgmmt enforcing thia Mortgage i~ (a) Borrower paye Lend~ all auma which would be then dne under this Mortgage„ the Note and notee eecnring Pbtore Advances, if any. had no aoceleration oocurred; (b) Borrower cures all breachea of any othet oovenants or agreements of Borrower contained in thia Mortgage; (c) Bormwer paya all reasoaable apenses incurred by Lender in enfo:cing the oovenants and agreements of Boiro~ver aoatained in this Martgage and in enforcing Lenda's remediea as provided in paragraph 18 heieof, inclndiag, but not limited to, reasoaable ~ attorney's fees; e.nd (d) Borrowa takes auch adion as I.ender may reaeonably reqnin to aerare that the liea of thia Mortgage, Lender's intesest = in We Property and Bormwe~e obligatioa to pay the enma secnred by this Mortgage shall oontinue unimpaired. Upon auch payment and cnre ~ by Borrower, this Martgage and the obligatioas sxured hereby ahall r~ain in fall force and ~fect ae ii ao aoceleration had oocurred. i 20. Assignmeat of Rents; Appointment oi Iieoeiver. As sdditional ~vrity hereunder, Borrower hereby asaign~ to Lender the r~ta } of the Pmpe~ty. provided that Borrower ahall. psior to acoeleration undes paragraph 18 hereof ~ abandonment of We Property, have tbe right ~ ~ to oollect aad retain anch r~ta as they become dae and payable. ~ ~ Upon aooeleration under paragraph 18 haeof or abendonment of the Property. Lender ahall be entitled to have a reoeiver eppointed by a ~ ooart to enter.npon. take possession of and manage We Property and to oollect tbe rents of the Property. including those past due. AU reata oollected by the receiver shell be applied fust b payment of the oosts of manag~~t of the Property and collection of r~ts. incloding, bat not ~ limited to, receivds fees, preminms on receiver's bonde and reaaonabk attoraey's feea. and then to the anma secared by this Mortgage The ! receiver shall be liable to aooonnt only for tha~e renta adually received. ~ ~ ~ ~ ~ aoo~2~7 ~ ~ ~ ~ ~ - ~ , _ ~ ~ n ~ . , . ~~~~M~