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Home My WebLink About0330 ( . • ~ ~ A. Inspectloa. l.ender may make or cuuae to be mede reasonable entriee upon and inspectiona of the property, provided that l.ender ehaU give Borrowe~ notice priu~ to any euch inepection specifying reasonable cauee therefo~ related to l~e~der's i~tereat in the Property. 9. Condemnetion.'R~e pro~Yrda of any award or claim [or damages, direct or consequential, in connection with any rnndemnAtion o~ other taking o! the property, or part thereof, ~r tor conveyance in lieu of condemnation, are hereby assigned and ehaU be paid to l.ender. lo the event oi e total taking of the Property. the proceeda ehall be applied to the eums eecuced by this Mortgage, wilh the exceas, if any, paid to Borrower. In the event ot a pa~tial taking of the Property, unless Borrower and Ixnder otherwiee agree in writing. there shall be applied W the euma eecured by thie Mortgage euch proportion of the pra.~eeda as ie equal to that proportion which the amount of the suma aecured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceede paid to Borrower. I[ the Property is abandoned by Borrower, or if, after notice by I.ender to Borrower that the condemnor offere to make an award or eetde a claim for daraagea, Borrower faile to reepond to I.ender within 30 daye after the date euch nctice is mailed. Lender ie authorised to collect and apply the proceeda, at Lender'e option, either to restoration or repair of the property or to the auma secured by thie Mortgage. Unleae I.ender and Borrower otherwiee agree in writing, any euch application of proceeds to principal ehall not e:tend or poetpone the due date of the monthly inatallments refer~ed to in paragrsphs 1 and 2 hereof or change the amount of such inetallmente. 10. Borrower Not Released. Extenaion of the time for paymant or modification of amortization of the suma secured by this Mortgaqe Qranted by Lender to any aucceseo~ in intereat of Borrower ahall not operate to release, in any manner, the liability of the original Borrower and Borrower'a euccessora in intereat. l.ender ahail ~ot be required to commence proceedinga againat such aucceasor or refuee to extend time far paymeM or otherwise modify amoriizntion of the suma secured by this Mortgage by reusun uf any demand made by the original Bonov?er and Borrower's sumeasura in interest. ~ 11. Forbearance by Gender Not a Waiver. Any forbearance by [.ender in exerciaing any right or remedy hereunder, or otherwise af~orded by applicable law, ehall not be a waiver of oT preclude the exerciae of any such right or remedy. The procurement of ineurance or the payment of ta:es or other liena or charges by Lender ahall not be a waiver of Lender'e right to accelerate the maturity of the indebtedneas secured by this Mortgage. • 12 Remediee Cumulative. All remediea provided in this Mortgage are dietinct and cumulative to any other right or remedy under thia Mortgage or afforded by law or equity. and may be exercised concurrentiy, independently or succeesively. 13. Succesaore and Asaigna Bound; Joint and Severat Liability; Captione. The covenanta and agreements hemin contained ehall bind, and the righte hereunder ahall inure to, the reapective succeaeors and aeaigns of [.ender and Borrower, eubject to the proviaions of paragraph 17 hereof. All covenants and ngreements of Borrower ahall be joint and several. The captions and headinga of the paragraphe of this Mortgage are for covenience only and are not to be uaed to interpret or define the provieiona hereof. 1 d. Notice. Except for any nutice required under applirable law to be Etiven in unother manner, lal any notice to Eiorrower pmvided for in this Mortgage ahall be given by mailing such notirn by certi6ed mail addressed to Borrower at the I'roperty Addreae or at auch other addreas aa Borrower may designale by notice to Lender as provided herein, and (b) any notice to I.ender ahall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other addreas as I.ender may designate by notice to Borrower ax provided hernin. Any notice provided for in this Mortgage shall be deemed to have been given to E3orrower or l.ender when given in the manner designated herein. I5. Uniform Mortgage; Governing Law; Severability. This form of mortgagecombineei uniform rnvenanta for national uae and non- uniform covenanta with limited variations by jurisdiction to rnnatitute a uniform security instrument covering real pmperty. This Moctgage shall be ~overned by the law of the jurisdiction in which the Property is located. In the event that any provision or clapae of this Mortgage or the Note conflicta with applicable law, such contlict shall not affect other proviaions of thia btortgage or the Note which ean be given effect w~thout the contlicting pmvisiori, and to this end the provisions of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Borrower ahall be furniahed a conformed copy of the Note and of thia Mortgage at the time of execution or after recordation hereof. 1?. 'Itiranafer of the Property; Asaumption. If all or any part of the Property or an intereal therein ia sold or tranaferred by Borrower without I.ender's prior written conaent, excluding fa) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchaae money security intereat for household appliances, lc) a transfer by devise, descent or by operation of law upon the death oi a joint tenant or (d) the grant of any leasehold intereat of three years or lese not rnntaining an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender ahall have waived such option to accelerate if, pr.or to the sale or transfer, Lender and the person to whom the Property is to be sold or transierred reach agreement in writing that the credit of such person ia satisfartory to l.ender and that the interest payable on the sums secured by this Mortgage ahall be at such rate as Lender shall reyueat. If I.ender has waived the option to accelerate provided in this paragraph 17, and if Borroveer s succeasor in interest has executed a written assumption agreement accepted in writinQ by I.ender, I.endrr shall release Borrower from all obligations under this Mortgage and the ' ti ote. . i If I,ender eaercises such option to accelerate, Lender ahall mail Borrower notice of acce?eration in aceordance with paragraph lA hereof. f 5uch notice shall provide a period of not less than 30days from the date the notice is cr.ailed within whech Borrow•er may pay the sums declared ~ due. tf Borrower fails to pay such sums prior to the expiration of such periad, I,ender may. without further notice or demand on t3orrower, ~ ~nvoke any remedies permitted by paragraoh 1R hereof. ~ 18. Acceleration; Remedies. E:cept ae provided in paragraph 17 hereof. upon Borrower's breach of any covenant or ~ agreement of Borrower in this Mortgage, including the mvenants to pay when due any aums secured by this Mortgage. Lender prior to acceleration shall mail notice to Borrower es provided in paragraph 14 hereof specitying: (1) the breach; (2) the action ~ required to cure such breach; (3) a date, not lesa than 30 daye from the date the notice ia mailed to Borrower, by which such ~ breach must be cured; and (4) that failure to cure auch breach on or before the date apecified in the notice may result in ~ acceleration otthe suma secured by this:Nortgage, foreclosure by judiciai proceeding and sale of the Property. The notice shall ~ further inform Borrower of the right to reinstate eRer acceleration and the rig6t to asaert in the forecloaure prceeeding the non-eziatence of a default or eny other defenae of Borrower to acceleration and forecloaure. If the breach ie not cured on or ~ be!~re the date specified in the notice, Lender at Lender's option may declare all of the sums e~ecured by this Mortgage to be im~ adiately due and payable without furtherdemand and may forecloae this Mortgage by judicial proceeding. Lender ahall be entitied to collect in such prceeeding all expenses of forecloaure, including. but not liwited to. reasonabie attorney's feea. and ~ coata ++f documentary evidence. abstracts and title reports. ~ 19. Borrower's Right to Reinatate. Notwithatanding l.ender's acceleration of the sums secured by ihis Mortgage, Borrower ahall have ~ the right to have any proceedings begun by Lender to enforce thia Mortgage discontinued at any time prior to entry of a judgment enforcing ~ this Mortgage if: (a) Borrower pays Lender all suma which would be then due under this Mortgage, the Note and notea securing Future ~ Advancea, if any, had no acceleration occurred; (b) Borrower curex all breaches of any other rnvenanta or agreements of Borrower contained in ~ this Mortgage; (c) ~3orrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreementa of Borrower ~ ~~ntained in this Mortgage and in enforcing I.endei s mmedies as provided in paragraph 18 hereof, including, but not limited to, reasonable ~ attorney's feea: and Id) Bonower takes such action as Lender may masonably require to assure that the lien of this Mortgage, Lender's interest ~ in the Property and Borrower's obligation to pay the aums secured by this Mortgage ahall continue unimpaired. Upon such payment and cure - by Borrower, this Mortgage and the obligations aecured hereby shall remain in full torce and effect as if no acceieration had occurred. 20. Asaignmeqt of Rents; Appointment of Receiver. As additional security hernunder, Borrower hereby assigna to Lender the rente of the Property, provided that Burrower ahall, prior to acceleration under parsgraph 1 S hereof or abandonment of the Property, have the right to collect and retain auch rente as they become due and payable. Upon acoeleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take poeeession of and manage the Property and to coilect the renta of the Property, including those past due_ All renta ~ oollected by the receiver shall be applied first to payment of the costa of management of the Property and collection of centa, including, but not z~ limited to, receiver'a fees, premiuma on receiver's bonds and reasonable altorney'a feea, and then lo the aums serured by this Mortgage. The receiver shall be liable to account only tor those renta actually received. ~r ~s ~ =~~F.x.;~~2 330 ~ ~ r - - - - - - - - . _ ~ ~ ' ~ ; ~ ' ~ ~ ` ~ ' i ~ . . ~"e'-.~r.~''~ ~ ~~ry ~ Fl~-~ Sq, •~-C-y v" 1i3i_-~!: "X ~ ~ws..~Y ~ -°Jr-.~," ~`~~;n„S ~ ~~J~u vi-,~~, ~ s~~.`~-,~c s : - ~ ~ ~ ~ -