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Home My WebLink About0316 8. lnspection. l.ender may make or cauac to be made reasonable entties upon a~d in~peCtiona o[the property, provided that [.er.der ehall give E;orrower notice prior W any such inepection apecifying reaaonable cauee the[efor nlat~d to l.ender's interedt in the Hruperty. 9. Condemnation. The proceede of any uward or claim tor damagee, direct o~ coneeyuential, in connection with any rnndemnation or othe~ taking of the prope~ty, or part thereof, or for conveyance in lieu of condemnation, are hereby neaigned and ehall be paid to I.ender. ln the event oi a to:al taking of the Prvpevty, the procc~eda ehall be applied to the eume secured by this Mongage, with the e:ceae, if any, paid to 13orrower. In the event of a partial taking of the Peoperty, unleee BoROwer and l.ender otherwiee a~ee in writing, ihere ehall be applied b the eums eecured by thie Mortgage such proportion of the procrede es ia equal to that proportion which the amount of the eume eecured by thia Mortgage immediately prior to the date of taking beara tu the fair market value of the E'roperty immediately prior W the date of taking, with the balancY of the proceeda paid ta E3orrower. !f the F'roperty ie abandoned by Ror~ower, or if, after notice by I.ender to Borrower that lhe condemnor offera to make an award or settle a claim far damagea. E3orrower faile to reepond to l.ender within 30 daye after the date auch notice is mailed, l.ender is authorized to collect and apply the proceeda, at I.ender'e option, either to reetoration or repair of the properiy or to the aums secu~ed by thie Mortgage. Llnless I.ender and E3orrower otherwise agree in w~iting, any auch application of proceeda to principal shnll not extend or poatpone thedue date of the monthly inetallments referred to in paragraphs 1 and 2 hereof or change lhe amount of e~ch inetaliments. 10. Eiorrower Not Releast~cl. Eatenaion of the time for paymrnt or modif cation of amortization of the aums aecured by thie Mortgage Qrunte~l by l.ender to any auccessor in intemat of ~rrovver ehall not ope~ate to releuae, in any manner, the liability of the onginal Borrower and Borrower's auccessors in intereat. l~ender ahall not be required to commenm proceeclings ngainst auch successor or refuse k~ extend time fur payment orothervvise modify amortizntion of the aums secured by this MortKaKe by rensun olnny demand madeby theoriginal Borrower .inc1 KoRUwer's succc~sssora in intereat. 11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise ~fforded by applicable law, ahall not be a waiver of or preclude the exerciae of any auch right or remedy. The procu~ement of ineu~ance or the payment of taaea or other tiena or charges by I.ender ahall not be a waiverof Lender's right to accelerate the maturity of the indebledneas secu~ed by this Mortgage. 12 Remedies Cumulative. All remediea provided in thia Mortgage are diatinct and cumulative to any other right or remedy under thia :Nosigage or aftordec! by law or equity, and ~ay ~ eaerc':_sr!~ concurrently, independently or auoceesivdy. - 13. Sucresaore and Aaeigns Bound; Joint and Several Liability; Ceptions. The covenante and aRre~ementa hernin contained ahall bind, and the ~ights hereunder shall inure to, the reapective successors and assiqna of I.ender and Borrower, aubject to the proviaions of paragraph 17 hereoL All cv~venanta and agreements of I3orrower shall be joint and several. The captiona and headinga of tbe paragrapha of ifii& Zliiii[~S({P i?iC €U~ C'UtiCiliCiiCt Ufl'y AIi~ STE Iit~SL iis uc ii~ 'sv .Fa`scF~7~`= (3T L~€.~i^~ ?1Zn in,r~.yiainf.a hownf 14. Notice. F:xcept for any notice reyuirrcf under npplicable I~w to be ~tiven in another manner, lal any notii~ to E3orrower provided for in this Mort~age shall be given by mailing such notice by certified mail addreased to Borrower at the Property Addreas or ut such other addreas as F3orrower may designate by notice to Lender as provided herein, and Ib) any nutice to Lender ahall be given by certified mail, return receipt requeated, to l.ender's address atated hemin or to auch other addreas as I.ender may deaignate by notice to Borrower ax pmvided herein. Any notice provided for in this Mortgage shall be deemed to have been given to E3orrower or Lender when given in the manner deaignated herein. 15_ Uniform Mortgage: Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiMion to rnnstitute a uniform security inatrument covering real property. Thia Mortgage shall T?e Koverned by the law of the juriadiction in which the Hroperty ia located. In lhe event that any proviaion or clause of this Mortgage or the P3ote contlicts with applicable law, such cunflict shall not affect other pm~~sions of this ~lurtgage or the Note whieh can be given effect without the a~nllictinR proviaion, xnd to this end the provisions of the Mortguge and the Note are declared to be severable. , I6. Borrower's Copy. Eiorrower shall be furnished a conformed rnpy of the Note and of thia Mortqage at the time of execution or after recordation hereof. 1~. Tranafer of the Property; Asaumption. If all or any part of the Yroperty or an interest therein ia sold or transferred by Borruwer without Irr.drr'~ prior written consent, excludinR (a1 the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchaz+e muney security interest for houaehold appliances, lc? a transfer by deviae, deacent or by operation of law upon the death of a joint cenant or (d) the grant of any leasehold internst of three years or less not containing an option to purchase, Ixnder may, at Lender s option, deciare all the sums securea by this Mortgage to be immediately due and payable. I.ender ahnll have waived such option to accelerale if, prior to the axie or trnnsfer, i.ender and the peraon to whom the Property is to be sold or tranaferred reach agreement in writing that the credit uf such person is satisfactory. to Ixnder and that the interest payable on the sums secured by this Mortgage shall be at such rate as I.ender ahall request. If I.ender has waic~ed the aption to accelerate provided in this para~raph 17, ~nd if Borrower s successor in intereat has executed a w-ritten assumption aqreement accepted in writinK by l.ender, l.ender shall release Borrower from all c,bligations under this Mortgage and the ' `ote. ~ If I.ender exercises auch option to accelerate, l.ender shall mail Sorro~ er notice of acceleration in accordance with paragraph 14 hereof. ; ~uch notice shall provide a perioci of not less than 30 days from the date the notice is mailed within which E3ormwer may pay the sums declazed j due_ If Borrower fails tu pay such sums prior to the Pxpiration of such period, l.ender may, without further notice or demand on Korrower, r ~nvoke any remedies permitted by paragraoh IK herer~f. ~ 18. Acceleration; Hemedies. E:cept as provided in paragraph 17 hereof, upon Borrower's breach ot any covenant or ~ agreement of Borrower in this Mortgage. including the covenanta to pay when due any aume secured by this Mortgage, Lender ~ prior to acceleration ahall mail notice to Borrower es provided in paragraph 14 hereof specifying: (1) the breach; (2) the action F required to cure auch breach; (3) a date. not leas than 30 daya from the date the notice is mailed to Borrower. by which such ~ breach muet be cured; and (4) that failure to cure auch breach on or before the date specified in the notice may result in ~ ucceleration ot the aums secured by this Mortgage. foreclosure by judicial proceeding and sale of the Property. The notice ahall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure prceeeding the ~ non-existence of a default or any other defenae of Eiorrower to_ acceleration and foreclosure. If the breach ia not cured on or ~ F?efore the date apecified in the notice. Lender at Lender's option may declare all of the sums secured by this Mortgage to be ~ immediately due And pa~ able w ithout furtherdemand and may foreclose thie Mortgage by judicial proceeding. Lender shall be ~ entitled to collect in such proceeding all expenaea of Coreclosure, including. but not limited to. reasonable attorney's fee9. and ~ costs of documentary evidence. abatracts and title re~wrts. q 19. Borrower'e Right to Reinstate. Notwithstandin g I.ender's ecceleration of the sums aecured by this Mortgage, Borrower shall have ~ the right to have any proceedinga begun by I.ender to enforce this Mortgage diacontinued at any time prior to entry of a judAment enforcinK ~ this t~iortgage if: (al F3ormwer pays I.ender all suma which would be then due under this Mortga~e, the Note and notee securing Futum Advancea, if any, had no acceteration occurred; (b) Borrower curea all breachea of any othercovenante or agreements of Borrower contained in ~ this Mortga~te; (c) F3orrower pays all reasonable expenses incurred by Lender in enforcing the covenanta and agreements of ~3orrower 3 contained in this MortgaQe and in enforcing I.ender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonablR atturney's feea; and (d) &?rrower takes such action as Ixnder may rnasonably require to assure that the lien of this Mortgage, l.ender's interest ~ in the Property and E3orrower's obliqation to pay the auma secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. ~ 20. Aesignment of Rente; Appointment of Receiver. As additional security hereunder, Borrower hereby assigna to Lender the renta _ of the Property, provided that E3orrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and rets?in such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender ahall be entitled to have a receiver appointed by a ~ rnurt to enter apon, take possesaion of and manage the Property and to collect the rents of the Yroperty, including those past due. All rents collected by the receiver ehall be applied first to payment of the ~~ata of management of the Yroperty and collection of renta, including. but not ~ limited to, receiver'a feea, premiums on receiver's bonds and reasonable attorney's feee, and then to the aums aecured by this Mort~age. The receiver shall be liabie to account only for those renta actually received. ~ .y ~ ~ k ~Q(~ E: 5u~w ~v?V YAGf 3is ~ ~ ~ _ ;f___ ~ ~~uSF ~ ? _ _ . . . . r ~`n.. rT~ j ~ - ~