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Home My WebLink About0565 8. [aapactloa. Lender may make or cawe to be ma~e reawnable entrie~ upoa aad inspect~ona of the property, provided that Lender ~haA ~ivs Bocrower potice prior to any ~uch inapection ~pecifyin~ ~~y~ tlreeef~r ~ to Lender'~ interest in the Property. 9. Coademaation.'11~e prooeeda o[ eny award or claim tor d~ebM or coassq bal, ia connection with any ooademnatioa or other tskin~ of the propetty. o; part thereof, or tor oonveyanoe in lien ot oondemnation. are hereby as~i~ned and ~hall be paid to Lender. ~ in the eveAt ot ~ btal takin~ of tlie Property. the pmceed~ ~hall be applied b ehe sums secured by thia Morl~a~e, wi W the e:oe~s. if any. paid to Borrower. In the event of a paetiel talrin~ of the ProPe~tY. ualew Borrower and I~der otherwi~e aQree in writin~. there ~haA be ~ applied to tbe sum~ ~ecured by thi~ Mort~a~e such ~oportion ot tha pmceed~ as u equal to that proportion which the acnount of ths snau ! secun~d by thii MortgaQe immediate~jr prior to the date ot taking besn to the fair mukd value oithe Ptioperty immediately prior to the date of takin6. with the beilan~ ot the prooeed~ paid to Boceower. ; If the Prope:ty is abandoned by Borrower, or if. aRer aotice by Lender to BoROwet that the ooademnot otfe» to make aa award or sdde e_ ? claim for damages. Borrower fails b respond to Lender within 30 day~ after the date auch notice is mailed. Lender u authorised to ¢ollect aud ~ apply the prooeed~. at Leader'~ optioa. ~th~ b reatoration ar repair ot the property or b the suau secured by this MostgaQe. f Unlesa Lender and Borrower otherwise agree in writing, any such eppGcatioa of prooeeds to principal shall not e=tend or po~tpone the due date of the monthly instaUments refcreed to in paragrapha 1 and 2 hezeof or change the amount of such insLnllmenLs. 10. Borrower Not Released. Extension of ths time for paymsnt or modification of amortisatioq of~ sume secured by thia Mortgage granted by I.ender.to any succeaeor in interest of Borrower shall not operate to releaee. in any manner, the liability of the original Boaower and Borrowez's wccessors in interea~ Lender shal) ttot be required b uommence proceediags against such suocessor or refuse to eztend time for payrment or otherwiae modify amortization of the autns eecured by this Mortgage by reaeon of any demand made by the original Bormwer and Borrower's auccesaore in intereet. i 1!. Forbeer~aoe by Leader Not a Wwiver. Any forbearance by I.ender in wcercising any right or remedy hereunder. or otherwise ; afforded by applicable law. shall not be a waivet of or preclnde the exercise of any such right or nmedy. The procurement of inearanoe or We ~ payment of tasee or oth~ liens or charges by Lender shall not be a waiver of Lendei s right to aocele:ate !he meturity of the indebtedness secured by this Mortgage. . 12. Remedies Gtitmulatlve. All remediea pmvided in this Mortgage are dietinct and cnmulative to aay other right or nmedy nnder thie Mortgage or aRorded by laa or equity. and may be ra~erciserl ooncurrently. independently or suooessively. 13 3uccesson and Asaigru Boand; Joint and 3everal I.labtlity; Captioas. The uoveasnts and agreements herein oontained shell ~ bind, and the rights hereunder shalt inure to, the respective euccesaors and aseigns of I.ender and Borrower, eubject to the provisions of # paragraph 17 hereof. All covenants and agreementa of Borrower ahell be joint and eeveral. The captions and headings of the paregrepha of this Mortgage are for covenience only and are not to be ueed to interpret or defiae the proviaione hereof. 14..Notiee. Except for any notice required und~ applicable law to be given in enother manner, (a) any notice to Borrower provided for in this Mortgage ahall be given by mailing auch notice by certi5ed mail addreseed to Borrower at the Property Address or at such other addrees as _ Borrower may designate by notioe b Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return reoeipt reqaested, to Lender's addreas stated herein ar to such oth~ address as Lender may designate by notice to Borrower as provided herein. Any notice pmvided for in this Mortgage ahall be dcemed to have been given to Borrower or Lender when given in We manner designated herein. ~ 15. Uniform Mortgage; Governing I.aw; Severabilitp. 7!?is form of mortgage oombinea uniform aovenenta for national use and non• $ uaiform covenants with IimiLed variations by juriadiction to oonstitute a uniform aecurity inatrument oovering resl prop~ty.'1Li~ Mortgage ~ ahall br governed by the law of the juriadiction in which the Property ia located: In the event that any provisioa or clause of this Mortgage ot > the Note coniticts with appGcable law, auch conilict ahall not a~ect other pmviaions of thie Mortgage or the Note which can be givea e~'ect f without the oonflicting provision, and to thia end the provisiona of the Mortgege and the Note are declared to be severable. # 16. Borrower's Copy. Borrower shall be furniahed a conforwed oopy of the Note and of this Mortgage at Lhe time of pacecution or after • recordation hrreof. ~ 17. 'Itiransfer ot t6e Property; AssumpNon. If all or any part of the Property or en interest therein is eold or transfErred by Borrower without I.ender's prior written rnneen~ eaccinding (a) the crnation of a lien or encumbrance subordinate to thia Mortgage, (b) the creation of a purchase moaey security interest for household applianoes, (c) e transfer by deviae, deacent or by operation of l~~v upon the death of a joint tenant or (d) the grant of any leaeehold interest of lhree yeara or lesa not containing an option Lo purchaee, Lender may. at Lender's option. declare al! the suma eecurea by thia Mortgage to be immediately due and payable. Lender shall have waived such option to sooelerate if, prior to the eale or tranafer, Lender and the person to whow the Property ia to be aold or tranaferred reach agreement in writing that the credit of auch person is satiafactory to Lender and that the interest payable on the aums eecured by thia Mortgage ahall be at such rate as I.ender shall ~ requeat. If Lende~ haa waived the option to accelerate provided in thia paragraph 1?, and if Borrower s eucceaeor in inter~t has e:ecuted a written eaeumption agreement accepted.in writing by Lender. Lender ahall releaae BoTrower from all obligationa under this Mortgage and the i Note. i lf Lender ezerciaes such option to accelerate, Lender aha11 mail Z3orrower noticeof acceleration in aocordance with paragraph 14 hereot ~ Such notice ahall provide a pe~riod of not less than 30 daya from the date the notice ia mailed within whic}i Borrower may pay the sums dedered I due. If Borrower fails to pay auch suma prior to the expiration of auch period, Lender may, wit}iout further notice or demand on Eiorrower, ~ invoke any remedies permitted by paragraoh 18 hereof. , ~ 18. Acceleretion; Remedies. Ezcept es pmvided in paragraph 17 hereol. upon Borrower's breach of any eovenant or ~ agreement of Borrower in t6is Mortgage, inclnding t6e oovenanta to pay when due any sume eecured by thie Mortgage, Lender ~ prior to acceleration ahall mail notice to Borrower ae prnvided in paragraph 14 hereof specifyin~: (1) the breach; (2) t6e action required to cure snch brea.ch; (3) a dale, not le8s than 30 daye from the date the notice ie mailed to Borrower, by which such breach must be cured; aad (4) that lsilure to cure euch breach on or before the date apeciRed in t6e notice may result in aoceleration of the sums eecured by thie Mortgage, foreclosure by judicial proceeding end sale of t6e Property. The notice ehall further inform Borrower of the right to reinstat~ after acaeleration and the right to aseert in the foreclosure proceeding the non-ezistence of a default or any ott?er defense of Borrower to soceleration end forecloaure. It the breach is not cared on or before t6e date epeciRed in the notice, Lender at Lender'e option may declare all of the sume secured by this Mortgage to be immediately due and payable without further demand and may foreclose thia Mortgage by judicial proceedin~. Lender ehall be entitled to oollect in auch proceeding all ezpeneee of forecloeure, including. but not limited to, reaeonable attorney's fees, and ~ coste ot documentary evidence, abstracte and title reporte. _ 19. Borrower's Right to Reinetate. Notwithetanding Lender's acceleration of the eume sccured by this Mortgage, Borrower shell have ~ the right to have any proceedinga begun by Lender to enforce this Mortgege diecontinued at any time prior to entry of a jndgment enforcing ~ thia Mortgage if: (a) Borrower paya Lender all aum~ which would be then due under thie Mortgage, the Note and notea eecuring Future Advnnees, if any, had no acceleration oavrred; (b) Borrower cures all breaches of any othrr rnvenants or agreemente of Borrower oontained in ~ this Mortgage; (c) Borrowez pays all reasonable ~penaea incurr4d by Lender in enforcing the oovenanta and agreementa of Borrower oontained in this Mortgage and in enforcing Lender'a remediee ae provided in paragraph IS hereof. inclnding, but not limited to, reasonable attorney's fces; and Borrower takee auch action as l.ender msy reseonably require to seeure that the lien of thia Mortgage, Lender's intered _ ~ ia the Property and Borrowefs obligation to pay the aume secured by this Mortgage shall continue unimpaired. Upon such payment and cnre ~ by Borrower, thia Mortgage and the obligationa eecnred hereby shall remain in full foroe and eNect as if no aoceleratioa had oocurred. "~a Z0. Aseignment ot Rents; Appointment of Receiver. As additional eecurity hereunder, Borrower hereby aeaigns fa Lender the reats ~ of the Property, provided that Borrower ehall, prior to aoceieration under paragraph 18 hereof or abandonment of the Property, have the right • r to rnUed and reesin such rents as they become due and payable. ~ Upon acoeleration under paragraph 18 hereof or abandonment of the Property, [.ender ehall be entided to have s reoriver appointed by a ~ aoart to enter~pon, take poesession oi and manage the Property and to collect the rente of the Prope~ty, including thoee past due. All rents oollected by the receiver shall be applied first to payment of the ooets of management of the Property and oollection of renta, including, but not ~ limited to, reoeiver'e fees, premiums on mxiver's bonds and reasonable ettomey's fees, and then to the sums secured by thie Mortgage. The ~ receiver shall be liable to acoount only for those rents actually received. ~ - ~ - 3 s~ ~ ~ BOOK~.O~ PACE ~ a - ~ ~ . , ~ ~ - : " • ~ _ ~ ~ ~ ~ ~ ~ ~~.2~.;: ~ ~ ~ ~