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Home My WebLink About0059 8. Ia~pectfoa. Lender may make or cawe to bo made eeawaable entries upoa and in~pection~ of the pmperty. pmvided that Leadu ahall givs Borrwv~ aotice prioT b any ~uch inspection ~pecifyiA~ reawpabk caws therefor nlated to Lender's interest in the Property. 9. Condemnatioa.'11ie proeeeds of any award or claim for dama~e~. disect or coasoqueatial, in connection with any oondemnetioa or other tating of the property. or part Wereof. os for rnaveyanoe in 4eu of oondemnation. are heraby assigned and shall be paid to Lender. In the event oi a total taking of the Propeety. the proceed~ shaU be applied to the ~nma secured by this Mort~a~e, wiW the ~oas. if aay~ paid Lo Barrowrr. In the e~eat of a partial te?king of the Prope~ty. unle~ss Boirower and l~nde~ othenviss aQree in writi~, Were ~haU be applied to the suma ~ecured by thie Mortgage such groportion of the proceeds as is equal to that proportio~ which the amount of the suma secured by this Mortgage immediately prior to the date of taking beeus to the fair market velue of the Propedy imnn~diately prior b the date of taking. ~vith the balanca of the prooeeds paid b Borrower. If the Property is abandoaed by Borrower. or 'J, aRer aotiee by I.ender to Boirower that the oondemnor ogen to make an award or sdtle a claun for damages. Borrow+er fails to respoad to Lender within 30 days eftez the date euch notioe is mailed. Lenda~r is authorized b coUect and apply the proceals. at I.end~'s option. either to restoration or repair of the pmperty or to the sums eecured by thia Mort~age. . Unlees I.e~der and Borrowar oWerwise agree ia writin8. eny such application of pmceeds to principal shall aot ~tend or po~tpone the due date of the monthly instaliments nfeznd to in psragraphs 1 and 2 heriwf or change the aawunt of such installmeats. 10. Bori ower Not Released. Ezteasioa of the time for peymapt or modi6cadon of amortization of the eume secured by this Mortgage ' granted by Lender to any succeaeor in int$reet of Borrower shall not operate to release. in any menner. the liability of the original8orrower ~t,,..,.„„,.p.~: e.,...~~.,. in int~! T:rr?.ier ~hsl1 not be m~uin+d tn rnmm~n~e. pmoeedin~[a a~tainat such suoceasor or refuae to e=tend time - for payment or otherwiae madify amoriization olthe autne secared by thie Mortgage by reason of any demand made by the original Borrowet • and Borrowei s aucceesors in interest. - I1. Forbearanoe by Leader Not a Waiver. My forbearance by Lender in e:ercieing any right or nmedy hennnder. or othervvise afforded by applicabla law, ehall not be a waiver of or pe+eclude the e:ercise of any such right or remedy. The procurement of inauranoe or the payment of taxea or other liene or charges by Lender ahall aot be a waiver of Lenda~'s right to ecoekrate the maturity of the indebtedness eecund by this MortssBa 12 Remedies Cumulative. All remedies pmvided in this Mortgage are dietinct and cumulative to any other right or remedy uader this Mortgage or afforded by law or equity. and may be uerciee~l aoncurrently. independendy or suooeesively. ~ 13. 8ucceseors aad Assigns Bound; Joint and 3everal Liatiility; Captions. The oovenants and agreements herein oontaii?ed ehall bind, and the rights hereunder ahall inun to. the reapcctive euccessors and sasigns of Lender and Borrower, aubject to the pmviaiotu of paragraph I7 hereof. All rnvenanta aad agreemeata of Borrower shall be joiat and several. The captions and headinge of the paragraphs of thia M~tgage are for covenience only and are not to be ueed to intespret os define the provisiona hereof. 14. Notice. E:cept for any notice required under applicable law to be given in another mannrr. (a) any notice to Borrower provided for in this Mortgage ahall be given by mailing such notice by certified mail addn~eeed to Borrower at the Property Addreas or at Buch other addrese sa Barrower may designate by. notice b Lender ae provided herein. and (b) any notice to Lender shall be given by certified mail, returt~ reaipt requested, to Lender e addrees atated herein or to auch other addreas as Leadet may designate by notice to Borrower as pmvided herein. Any notice prnvided for in thie Mortgage ehaU be deemed to have been given to Borrower or Lender when given in the iaanner deaigaated henin. 15. Uaiform Mortgage; Governing I.aw; 3everability.'il~is form of mortgage oombines uniforn~ oovenants for national ase aad aon- unifora~ covenants with limited variations by juriadiction to ounstitute a uniform security inetnunent oovering nal property.l~is Mortgage ahall be governed by the law of the jnriadiction in which the Property is loc~ted.ln the eveat that any proa~ision or clauae of thie Mortgege or the Note contlicte with applicable law, such conaict ahall not a~ect other provieiona of ihis Mortgage or the Note which can be given effect ~ without the rnntlicting proviaion, and to thia end the proviaiona of the Mortgage and the Note are declared to be eeverable. 16. Borrower's Copy. Borrower ahall be furnished a conformed wpy of the Note and of thie Mortgage at the time of e~cec~tion or after recordation hereof. • ° 17.'l~ansfer ot the Pcoperty; Aeeumption. If all or any part of the Property or an interest therein is eold or treneferred by Borrower without Lender's prior written cone~r,t, ezcluding (a) the creation of a lien or encumbrance anbordinate to thia Mortgege, (b) tbe creation of a purchsse mo~sey s~urity intereat for household apgliances. (c) a tranafer by devise, de~ent or by ~pera~on of law ugon the death of a joint tenant or (d) the grant of any leseehold intereat of three yeare or less aot oontaining an option to purchase, Lender may, at I.ender a option, declare all the auma secured by this Mortgage to be immediately due and payable. Lender ahall have waived such option to accelerate if. prior to the eale or tranafer, Lender and thc person to whom the Property ia to be aold or transferred reach agreement in writing that the credit of auch pereon is satisfactory to Lender and that the intereet payable on the sums secured by this Mortgage ehall be at auch rate as Lender shall ~ request. If Lender hae waived the option to accelerate piovided in thia paragraph 17. and if Borrower s eucce~ssor in interest hae e:ecuted a written aesumption agreement accepted in vrriting by [.ender, Lender shall release Borrower from all obligatione under thia Mortqage and the Note. ~ i ~ If Lender e~cercieee such option to accelerate. Lender shr.ll mail Borrower notice of sooeleration in sooordance with paragraph 14 hereoL ~ Sach notice ahall provide a period of not less than 30 daya from the date the notice is ~siled within which Borrower may pay the suma declared _ ~ due. If Botrowei faila to pay snch aums prior to the e:piration of such period, Lender may, without further notice or demand on E3orrower, uivoke any remediea permitted by paragraoh 18 hereof. f ~ 18. Aoceleration; Remedies. Ezcept se provided in paragraph 1? 6ereof, upon Borrower's breach of any oovenaat or ~ agreement of Borrower in thie Mortgage, including the oovenants to pay whea due any aame secured by thie Mortgage, I.ender ~ prior to acceleration ehali mail notice to Borrower as pmvided in paragraph 14 hereof epecifying: (1) the breach; (2) the adion required to cure euch breach; (3) a dete, not less than 30 daye from the date the aotice is mailed to Borrower, by whicb such breach muat be cured; and (4) that failure to cure anch breach on or before the date epecified in the notice may reeult in acceleration of the aume aecured by t6is Mortgage, toreclosure by judicial proceeding and sale of the Property. The notice e6all further intorm Borrower of the right to reinatete aRer acceleration and the right to eaeert in the forecloaure proceeding t6e non-ezietence of a default or any other defenae ot Borrower to acceleration and foreclosure. If the breach ie not cured on or betore the date specified in the notice, Lender at Lender'e option may declare all of the suma sect~red by thie Mortgage to be immediately due and payable without further demand and m~y Ioreclose thie Mortgege by judicial proceeding. Lender ehall be ~ entitled to collect in such proceeding all e=penaes of foreclosure, including, but not limited to, reasonable attoraey'e feee, and ~ coate of documentary evidence. abetracts and title reporte. 19. Borrower's Right lo Reinetate. Notwithatanding Lender e acceleration of the awns secured by thia Mortgage. Borrower shall have the right to have any pioceedinga begun by Lender to enforce thie Mortgage diacontinued at any time prior to entry of a judgment enforcing thia Mortgage if: (a) Borrower paye Lender all aume which would be then due under this Mortgege, the Note and notes securing I~ture Advances~ if $ny, had no acceleration occurred; (b) Borrower cures all breachea of any other oovenanta os agreemente of Borrower rnntained in this Mortgage; (c) Borrower pays all teaeonable e:peneee incurred by Lender in enforcing the oovenants and agreementa of Borrower oontained in this Mortgage and in enforcing I.epder's remediee as provided in paragraph 18 hereof, including, but not limited to, reasonable ~ attorney'e feee• and (d) Borrower tal~es such action as Lender may reasonably require to assure that the lien of thie Mortgage, Lender a intereat ~ in the Property and Borrowe~a obligation to pay the sume secured by this Mortgage ehall rnntinue unimpaired. Upon such payment and cure y rtgage and the obligations aecured hereby ahall remain in full force and effect ae if no acceleration had occurred. ~ b Borrower, thie Mo ~ 20. Assignment of Rents; Appointmeat ot Receiver. Ae additional eecarity hereunder, Borrower hereby aesigna to I.ender the renta of the Property, provided that Borrower ahall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right ~ to rnUect and retain anch renta aa they become due and paysble. Upon acoe~ration nnder paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receivez appointed by a ~ oonrt to enter.apon, ta1~e psaeession of and manage the Property and to collect the renta of the Property, including thoee past due. All rente aollected by the receiver shall be applied 5rat to payment of the ooata of management of the Praperty and oollection of rents, inclnding, but not limited to, receiver's fees, premiuma on receiver's bonds and reasonable attomey'a [eee; and then to t}ie eume eecured by thia Mortgage. The receiver shall be liable to aooount only for thoae rents actually.received. ~ ~ ~ ~ ~ . . . BCJuK ~AGt" e3~7 `