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Home My WebLink About0500 8. lnepection. I.ender may make o~ cauee to be made reasonable entrie~uDppand i{~peet~ona of the property, provided that l.ender ehall give Borrower notice prior to any euch inapection epecifying reaeonable causs therefw rel~fed t~ I.ender'a iniereat in the Property. 9. Condeau~atioa. The proceeds ot any award or claim for damages. direct or consequential, in connection with any oondemnation or other taking of the property, or part thereof, or for conveyance in lieu of rnndemnation, are hereby aeeigned and ehaU be paid to l.ender. ln the event of a total taking of the Property, the procecde ehall be applied to the sums secured by thia Mortgege. with the escees, if any, paid to Borrower. In the eve~t of a partial taking of the Property, unleea Bor~ower and l.ender otherwiae agree in writing, there ehall be applied to the suma eecured by this Mortgage such proportion of the proceede ae ie equal to that proportion which the amount of the eume secured by thie Mortgage immediately prior to the date of taking bears to the fair markK value of ihe Property immediately prior to the date of taking, with the balanca of the proceede paid Lo Borrower. If the Property ie abandoned by Borrower, or if, after notice by Lender to Borrower that the oondemnor of~ers to make an award or eettle a claim for damages, Borrower faile b reepond to l.ender within 30 days after the date euch notice is mailed, Lender is authorized to collert and apply the proceeds, at Lender s option, either to resLoration or repair of the pmperty or to the eume aecured by thia Mortgage. Unleae Lender and Borrower otherwise ngree in writing, any auch application of proceeda to principal ahall not eztend or postpone the due date of the monthly installmente referred to in paragraphs 1 and 2 hereof or change the amount of such inatallments. 10._Borrower Not Releasecl. Extenaion of the time for paym~nt or modification of smortization of the sume aecured by thia Mortgage granted by [.ender to any succeasor in interest of Borrower ahall not operate to releaee, in any manner, the liability of the origiinal Borrower and Borrowei s auceeasors in interest. I.ender ahall not be required to commence proceedinga against such successor or refuee to extend time fo~ payment or otherwise modify amortization otthe aums secured by this Mortgage by retison of any demand made by theoriginal Borrower und Bor~ower's auc~,~eseors in interest. 11. Forbeareace by Lender Not a Waiver. Any forbear$nce by I.ender in exercieing any right or remedy hereunder, or otherwiee afforded by applicable law, ehall not be a waiver of or preclude the exerciae of any euch right or remedy. The procurement of inewanre or the payment of taxea or other liene or chargea by l.ender shall not be a waiver of Lendei s right to accelerate the maturity of the indebtedneae secured by thia Mortgage. 12 Remediee Cumulative. All remediea provided in this Mortgage are diatinct and cumulative to any other right or rnmedy under thia hlortgage or afforded by law or equity, and may be e:erriee~i concurrently, independently or succeasively. 13. Succesaors and Aaeigne Bound; Joint and Several Liability: Captiona. The o~venant8 and agreements herein oontained ahall bind, and the ~rights hereunder ahall inure to, the reapective auccesaors and aseigne of Lender and Botrower, subject to the provisiona of paragraph 17 hereof. All covenants and agreements of Borrower ahall be joint and eeveral. The captione and headings of the paragraptia of this Mortgage are for covenience only and are not to be uaed to interpret or define the proviaione hereoL 14. Natice. F.xcept for any notice required under applicable law to be Riven in another mnnner, (a) any notice to I3orrower provided for in this Mortgage shall be given by maiiing such notice by certified mai! addreesed to Borrower at the Property Addreas or at auch othec addresa ae Borrower may designate by notice to Lender as pro~~ded hernin, and (b> any notice to I.ender ahall be given by certified mail, return receipt requeated, to Lender's address stated herein or to auch other addreas as Lender may designate by notice to Borrower as provided herein. Any notice provided for in thia Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. Thia form of mortgage rnmbinea uniform oovenants for national uae and non- uniform covenants with limited variationa by jurisdiMion to oonntitute a uniform security instruiuent covering real ptoperty. Thie Mortgage shall be governed by the law of the juriadiction in which the Property is located. In the event that any provit:ion or clause of thie Mortgsge or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the proviaions of the Mortgage and the Note arn declared to be severable. ~ 16. Borrower's Copy. Bojrower shall be furniehed a conformed rnpy of the Note and of thie Mortgage at the time of ezecution or after recordation hereof 17. Tranafer of the Property; Assumption. If all or any pr.rt of the Property or an intereat therein is sold or tranaferred by Borrower without I.ender s prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purc!~ase money security intereat for household appliances, (c) a tranafer by devise, d~cent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intereat of three yeara or lesa not oontaining an option to purchase, L.ender may, at Lender s option, declare all the sums serured by this Mortgage to be immediately due and payable_ Lender ahall have waived such option to accelerate if, prior ~ to the sale or transfer, Lender and the person to whom the Property ie to be sold or transferred reach agreement in writing that the credit of auch ~ person is satisfactory to Lender and th~t the intereat payable on the sums secured by this Mortgage shali be at such rate as I.ender shall ~ request_ If Lender has waived the option to accelerate provided in this paragraph 17; and if Borrower s successor in interest has executed a i written assumption agreement accepted in writing by Lender, Lender ahali release Borrower from all obligations under thia Mortgage and the ~ Note. ~ If Lender exercises auch option to accelerate, I.ender ahall mail Borrower notice of acceleration in accordance with pazagraph 14 hereof. i Such notice shall provide a period of not less than 30 days from the date the notice ia mailed within which I3o~rower may pay the sums declared E due. If Borrower fails to pay such sums prior to the eapiration of such period, l.ender may, without further notice or demand on Eiorrower, ~ ~nvoke any remedies permitted by paragraoh 18 hereof. ~ ~ ~ 18. Acceleration; Remediea. E:cept as provided in paragraph 17 hereof, upon Borrower's breach of any oovenant or ~ agreement of Borrower in this Mortgage, including the rnvenants to pay when due any eums aecured by thie Mortgage, Lender # prior to acceleration ehall mail notice to Borrower es provided in paragraph 14 hereof apecifying: (1) t6e breach; (2) t6e action ~ required to cure such breach; (3) a date, not less than 30 daye from the date the notice ia mailed to Borrower, b~c which such breach muat .b~ cured; and (4) that failure to cure auch breach on or before the date apecified in the notice may result in ~ acceleration of the auma secured by this Mortgage, forecloaure by judicial proceeding and sale of the Property. The notice ahall ~ further inform Borrower of the right to reinstate aRer acceleration and Rhe right to esaert in the foreclosure proceeding the non-e:istence of a detauit or any other defense of Borrower to acceleration and foreclosure. If the breac6 ie not cured on or ~ before the date specified in the notice. Lender at Lender's option may declare all of the sume secured by this Mortgage to be immediately due and payeble without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be ~ entitled to collect in such proceeding all ezpenaes of foreclosure. including, but not limited to, reasonable attorney's feea. and ~ coats of documentary evidence, abstracte and title reporta. ~ 19. Borrower's Right to Reinatate. Notw~thatanding I.ender's acceleration of the aums secured by this Mortgage, Borrower shall have ~ the ri ht to have an rpceedin a un b I.ender to enforce thie Mo a e discontinued at an time rior to ent of a"ud . g y p g beg y rtg g y p ry ~ gmentenforcing ~ thia Mortgage if: (a) Borrower paya Lender all aems which would be then due under this Mortgage, the Note and notes securing Future ~ Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in ~ this Mortgage; (c) Bonower pays all reasonable expensea incurred by Lender in enforcing the covenante and agreements of Borrower ~ oontained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, masonabie ~ attorney a fees; and (d) Borrower takea auch action as Lender may reasonably require to assure that the lien of thie Mortgage, Lender's interest ~ in the Property and Borrower s obligation to pay the aums strured by thia Mortgage shaU continue unimpaired. Upon auch 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. - Z0. Ass'ignment of Rente; Appointment of Receiver. As Additional security hereunder, Borrower hereby aseigna to Lender 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 collect and retain auch rente as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a ; court to enter.upon, talce posseasion of and manage the Property and to collect the rents of the Property, including thoee past due. All renta enllec~ted by the receiver shall be applied firet to payment of the wste of management of the Property and collection of rente, including, but not limited to, reoeiver's fees, premiuma on receiver'a bonds and reasonable attorney'e feea, and then to the aums aecured by thie Mortgage. The ~ receiver shall be liable to acoount oniy for those rente actually received. . . ~ ~ b~~K294 ~~E 500 ^ ~ ~ . x..~ ~ ~ - : ~ , . , . . . _ ~ . . . _ - - - - ~ ~5 . . ~-r. ~ _ . _ ~ _ _ s_ ' ti' ~ _ ~ ~ s t~. h 1 y .2 Y ; y F t" r-~ r`~' - j S - s•n. ..iy,. ~,~t x~~s ~,c ~y~a~'...x*~..-rs~~''~'~~': s~`" ~ ~'~~rz'Yxa v