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Home My WebLink About0634 ! E c~ ' ~ 8. Io~pection. Lender may ma~e or cawe to be made reawnable entrie~ upoa and inspectiocu oithe pmperty. provided that I.ender ~hall give Borrower notica prior to any such inapection apecifyins e~N~onabk csoM theref~ releted to Lender'~ intarest in the Pcoperty. 8. Coademaatioa.'IUe psooeeda of any sward o~ claiat ~ dama~e~. dipd ~e con~equential, in rnanectioa with any ooademnation os other tekiu~ of the property, or part thereot. or for conveyaaca it~ lieu of oondemnation, are hereby as~i~nod apd shaU be paid b Lender. 5 in the event oi a total taking ot the Property. the proceeda shall bs applied to the ~ums ~scured by thia Mort~ege, with the ~oe~s. if any. ~ peud to Borrower. Ia the event of a partial takin~ of the Property. nale~s Bonower and Lender otherwi~e agree ia writinQ. then ~hall bs ~ appGed to the suau ~ecured by this Mortgege such ~oportion of the proceeda ar ia equal to that pmportion which the amount of ehe ~ums i aecured by this Morigage immediately prior to the date of taking bean b the fair market value of the Properiy immediately prior to t~e date of ~ taking. w~ith the balana? of the prooeed~ peud to Borrower. . ~ If the Property is ebandoned by Borrower. or if. after notioe by Lender to Botrower that the wndemnor ogers to make an award or ~ettle s ~ claim for daa~ages, Borrower fails to respond to Lendsr within 30 days aft~ the date such notice is mailed, l.ender ia authorized to coUect aad } apply the prooeeds. at Lender'a option, either to restoration or repair of the propert,y or to tha sums secured by thia Martgage. : Unleas Lendes euid Borrower olherwise age+ee in writing, any such appGcation of proceeda Lo principal shall not este~d or postpone the due date of the monthly installmenta referred to in' paragraphs 1 and 2 hereof or change the amount of such instaUmenfe. i 10. Borrower Not Released. Fa~tenaioa of the time [or paymant or modification of amottization of the sums secured by thie Mortgege granted by Lender to any aucceeeor in intereat of Borrower shaU not operate to releaee. in any manner, the liability of the original Borrower and Borrower'a auocessors in intereal. Lender shall not be required to oo~nmence pra.~eedings againsC such aucceaeor or refuee to extend time ` for payme~t or otherwise modify amortization o; the suma eecured by this Mortgage bv reaeon atany demand made by the original Borrower - and Borrower s aucceesors in inte~t • - ~ I1. ~orbearance by Lender Not s VHaiver. My forbearanoe by Lender in Pacercieing any;ight or nmedy hereunder. or otherwise ; afforded by applicable law. shall not be a waiver of or preclude We exerciee of eny such right or remedy. The procurement of ineuraace or the ~ payment of taxes or other liens oi chargea by Lender ahall not be a waiver of I~nder'a right to socelerate the maturity of the indebtedi?e~s secured by thie Mortgage. 12 Remediee Cumulative. All remediea provided in thia Moctgage are diatinct and cumulative ta sny other right or remedy under this Mortgage or at~orded bq law or equity, and may be e:ercised concurrently. independendy or euoceasively. 13. 3u~.~eseors and Assigns Bound; Jofat and $everal Liebillt~?; Captiona. The oovenanta and agreementa herein oontained ahall bind. and the righta hereunde~ shall inure W, the respective euccessors and aesigne of Lender and Borrower, eubject to the pmviaions of paragraph 1? hereof. All rnvenanta and agreements of Borrower shall be joint and eev~sl. The ceptioae and headinga of the paragraphs of chie Mortgage are for covenience only and are not b be used to interpret os define the proviaione hereof. 14. Notice. E:cept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage ahall be given by mailing such notice by certified mail addreaecd to Borrower at the Property Ad~irese or at auch other addreee ae , Borrower anay deaignate by notice to Lender as provided hereia, and (b) any notice to Lender ehall be given hy certified mail, return receipt ' requested, to Lender's addreae atated herein or to such other addreas as Lender may designate by notice to Borrow~ ea pmvided herein. Any notice provided for in thia Mortgage shall be deemed to have been given to Borrower or Lender when givea in the manner designated herein. ; 15. Unitosm Mortgage; Governing I.aw; Severabillty. This form of mortgage combines uniform oovenanta for national aae and non- uniform covena~te with limited variationa by juriadiction to oonatitute a uniform eecurity inatrument aovering real property.'lbie Mortgage shall be governed by.the law of the juriediction in which the Property ie located. In the event that any proviaion or ciaaee of this Mortgege or the Note confiicia with applicable law, auch conflict ahall not affect other proviaiona of this Mortgage or the Note which can be given effect without the oonflicting proviaion, and to thia end the proviaions of the Mortgage and the Note are declared to be eeverable. t 16. Borrowet's Copy. Borrower shall be fwniahed a oonformed capy of the Note and of this Mortgage at the time of ezecution or after recardation hv:eof. • ~ 17.11raasfer of the Property; Aesumption. If ap or any part of the Pm~perty or an intereet thecein is aold or tranaferred by Borrower without Lender a prior written conaent, ezcluding (a) the creation of a lien or encambrance subordinate to thia Mortgage, (b) the creation of a purchaee money eecnrity intereet for honsehoW sppliances. (c) a tranafer by deviee, deecent or by operation of law upon the death of a joint tenant or (dj the grant of any leasehold interest of three yeara or less not oontaining an option to purchase. I.ender may, at Lender's option. ' F declare all the sume secured by thia Mortgage to be ionmediately due and payable. Lender ahall have waived auch option to acoelerate it; prior to the sale or tranafer. [.ender and the person to whom the Property is to be sold or tranaferred reach agreement in writing that the credit of auch - peraon is satiafactory b Lender and that the interest payable on the sums secured by this Mortgage ahall be at euch rate as I.ender ahall ~ request_ If Lender has waived the option to accelerate provided in this paragraph 17, end if Borrower s auccessor in interest has e:ecuted a ; written aseumption agreement accepted in writing by Lender, Lender ahalf releaee Borrower from all obligations under thia Mortgege and the Notc. ~ ~ If Lender e~ccercise~ such option to accelerate, Lender shall mail Borrower notice of soceleration in aocordance with paragraph 14 hereoL ? ~ Such notice ahall provide a period otnot lesa than 30 daya from the date the notice is ~r,ailed within which Bornower may pay the sums declared ~ ~ due. If Borrower fails to pay a~h sums prior to the expiration of such period, Lender may, without further notice or demand on ~3orrower, ~ ~nvoke any remedies permitted hy paragraoh 18 heteof. - s 18. Acceleration; Remedies. E:cept ae provided in paragrapb 17 hereof, upon Bon~ower's breach of any oovenant or 3 ~ agreement of Borrower in thjs Mortgage. including t6e oovenante to pay when due any suma secured by thie Mortgsge, Lender s prior to aoceleration shall mail notice to Borrower se provided in paragraph 14 hereof apecifying: (1) the breach; (2) the action ; required to cure suc6 breach; (31 a date. not lese than 30 daye trom the date the notice ie maile~ w Borrower, by which auch ; breach mupt be cuted; and (4) that failure to cure such breach on or before the date epeciGed in the notice may result in ~ acceleration of t6e sums sei.~ured by this Mortgage, foreclosure by judicial proceeding and aale of the Property.'I'he notice shall ; furt6er inform Borrower of the right to reinstete aRer aoceleration and the right to aesert in the foreclosure proceeding the ~ non-eziatence of a default or any other defenae of Borrower to aoceleretion and forecloaure. If the breac6 ie not cured on or ' betore the date specified ia t6e notice, Lender at Lender's option may declare all of the sume secured by this Mortgage to be . i immediately due and payable without further demand aad may toreclose this Mortgage by judicial pro~.~eeding. Lender 86a11 be ~ entitled to oollect in such proceeding all ezpenses of forecloeure, including, bnt aot limited to. reasonable attorney's fees, and ~ coata of documeptary evidence, abatracts and title reports. ' - 19. Borrower'e Rig6t to Reinatate. Notwithstanding Lender s acceleration of fhe auma secure~ by this Mortgage, Borrower ahall have ° the right to have any proceedinga begnn by Lender to enforce thie Mortgage diacontinued at any time prior to entry of a judgment enforcing ~ thia Mortgage if: (a) Borrower pays Lender all suma which would be then due under this Mortgage, the Note and notes aecuring Future ~ Advancea, if any, had no acceieration occurred; (b) Borrower curea all 6reachea of any other rnvenants or agreementa of Borrower contained in ~ this Mortgage; (c) Borrower pays all reasonable e:penaes incurred by Lender in enforcing the oovenante and agreemente of Borrowes ~ contained in this Mortgage and in enforcing Lender e remedie8 es provided in paragraph 19 hereot, including, but not limited to, reasonablc? ~ ` attorney's fees; and (d) Borrower takes such action as Lender may reaaonabiy require to assure that W e lien o~thia Mortgage, Lender'e intereet ~ X in the Proprrty and Borrower s obligation to pay the auma secured by this Mortgage shall continne unimpaired. Upon such payment and cnre ~ by Burrower. thia Mortgage and the obligationa eecared hereby ahall remain in full force and effect ae if no acceleradon had occ~rred. ~ 20. Aseignment of Rents; Appointment o! Receiver. As additional security hereunder, Borrower hereby aseigne to Lender the r~ts ~ of the Property, provided that Borrower ahall, prior to sooeleration under paragraph 18 hereof or abandonment of the Property, have the right ~ ~ to coUect and retain auch renfa ea they become due and payabie. ~ Upoa accelemtion und~ paragraph 18 hereof or abandonment of the Property, I.ender ahall be entitled to have a reoeiver appointed by a ~ oourt to enter~pon. take poseeeeion of and manage the Property and to collect the renta of the Property, including thoee paat due.~All rente ~ oollected by the receiver ahall be applied Srst to payment af the ooste of managementotthe Property and aollection of renta. induding, but not ~ limited to, receiver's feea, premi~une on receiver's bondB and reasonable attorney'e feea. and then to the auma eecused by thie Mortgage. The receiver shall be liabk to aooaunt only [or thoee renta adually received. ~ ~ - . ~ , • ~ 5 a ~ ` ~ go~ 28y 631 ; _ - - _ - ~ s - Y~~ Y r~,~~~ =