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Home My WebLink About0257 , 8. laspection. l.eader may make or cause b be made reawaable ~?trie~ upon and 'uupectioaa of the property. provided that Len~er ahaU ~ ~ive Borrower notioe prior to any such iaspaction specityin~ naeoaable ca~ss therafor related to I.ender's interest in the PtopeKy. 9. Condemaatioa.'It?e proceed~ of gny sward or claim for dame~e~. direct w con~e~uential. in oonnection ~vith any oondwanation or other taking of the property, or part thereot, or for ooAVeyanoe in lieu of oondemnation. ere hereby as~iQned and ahall be patd to Lsnder. • In the event oi a total takin~ of the Property. the proceeds shall be applied to the aums ~ecured by this MottgaQ0. with We ~oess, if any. paid to Borrower. In the svent of a paitia! takinQ of the Pirope:t,y, IIA~l~ BOiiOMl~ alld LQAdl~ OUIQIWI~B agTBQ IA MR1~l[l~~ then ~hall be applied to the aunns secured by thia Mort~a~e such proportion ot the proceeds aa iu equal b that proportion which the amouat of the euuu secured by thii Mortgage iavmediately prior to ths dats of talcing bean to the fair market value of the Propecty immediaLely prior to the date of talring. with We balaa~ oi the proceeds paid to Borro~rer. If the Propazty is absndoaed by Borrower. or i~ aRer aotioe by i.end~ to Borrowar that We ooademnor ogers b make an a~?ard os ~ettla a claim [or damage~.$orrower fails b respond to Lender within 30 days etter the date such notice u mailed. I.ender is authorited to coUect and apply the prooeeds. at Lender'e option. either to reatoration os repair of the property or to the ~ums secured by this Mort~a~e. Unless Leader and Borrower othervvi~e agree ia writing. any such application of prooeeds to principal ahall not e~ctend or pwtpoae the due date of the moathly installanents referred b in psragraphs 1 and 2 hereof or changs the anwunt of such inataWnenta. 10. Borrower Not Released. E:tension of the time for paym:nc or modi8caaon of amorcizadoA of che sums secured by chis Morcgage granted by Lender to any auccessor in interest of Borrower shall not operate to releaee, in any manner, the liability of the original Boirower and Borrower's succesaors in interest Leader ahall not be required to oommence proceedings against such aucceasor or refwe to e:tend time for payment or otherwiae modify amort'ustion of the eume eecured by this Mortgege by reason of any demand made by the original Borrower and Borrow~ a eucceeeora in interest 11. Forbearance by Lender Not a Wsiver. My forbearanoe by Lender in exerciaing any right or nmedy henunder, or othezwise attorded by appGcable law. shall not be a waiver of or preclude the e:erciee of any such right or remedy.'I'~e procunment of inaurance or We payment of t~es or other liens or charges by Lender ahall aot be a waiver of I.ender's right to acaelerate the maturity of the indebtedness secured by this Mortgage. 12 Remedi~ Cumulative. All remedies pmvided in this Mortgage are distinct aad cumulative to any other right or remedy under this Mortgage or aPforded by law or equity. and may be ezercise~i wncnrrendy. independently or snocessively. 13. Suooessors and Asaigns Bound; Joint and Several Liability; Captions. The oovenants and agreemente herein oontained shall bind, end the rights hereundez shall innre to, the reapective succeseore and assigns of I.ender and Borrower. subject to the pmvisiona of paragraph 17 hereof. All covenanta and agreementa of Borrower ahall be joint and several. The captions end headinga of the paragraphs of thia Mortgage are for covenience only and are not to be ueed to interpret or define the provisions hereof. 14_ Notice. Except for any notice required under applicable law to be given in another mann~r. (a) any not~ce to Borrower pmvided for in thie Mortgage shall be given by mailing such notice by certified mail addt~eeeed to Botrower at the Propetty Addnes or at auch other addrese as Borrower may deaignate by notice to I.ender ee pmvided herein. and (b) any notice to Lender shall be given by certified meil, return receipt requeated, to I,ender e addreae atated herein or to auch other addrees as I.ender may deeignate by notioe to Borrower aa provided herein. Any notice provided for ia thia Mortgage ehall be deemed to have been given to Bornower or Lender whea given in the manner deeignated herein. 15. Uniform Mortgage; Governing I.aw; Severability. This form of mortgage combines uniform oovenants for national use and non- uniform covenanta with limited variations by juriadiction to constitute a unifortn security inetr~ment oovering real property.'I7iie Mortgage ahall be governed by the law of the jurisdiction in which th~ Property is located. In the event that any provision or clauae of this Mortgage or the Note conflicts with applicable law, such conflict aha1) not a~'ect other provisiona of this Mortgage or the Note which can be given effect . without the eontlicting proviaion, and to this end the provieione of the Mortgage and the Note are declared to be severable 16. Borrower'e Copy. Borrower shall be furniahed a rnnformed oopy of the Note and of thie Mortgage at the time of ezecution or afl~er recordation hereoL 17. 'llransfer of the Property; Aesumpdon. If alt or any pad of the Property or an intereat therein is aold or tranaferred by Borrower without Lender a prior written conrent, e~ccluding (a) the creation of a lien or encumbrance subordinate to this Mortgege, (b) the creation of a purchaee money eecurity intereet tor household appliancee, (c) a tranafer by deviae, descent or by operation of iaw upon the death of a joint . tenant or (d) the grant of any leasehold interest of three yeare or lees not oontaining an option to purchaee, Lender may, at LendeYe option. declare all the euma secured by thie Mortgage to be unmediately due and payable. Lender ahall have waived auch option to accelerate if, prior to the sale or tranafer, L.ender and the pereoa to whom the Property ie to be aold or tranaferred reach agreement in writing that the credit of such peraon ia eatiafactory to I.ender and thst the interest payable on the sums aecvred by this Mortgage ahall be at anch rete as I.~der shall request_ If Lender has waived the option to aooelerate provided in this paragraph 17. and if Borrower's suoceasor in interest hea execvted a written aseumption agreement acoepted in writing by Lender, Lenderahall relesee Borrower from all obligationa under thia Mortgage and the Note. ~ If Lender e~cercises such option to accelerate, Lender shall mail Borrower notice of accele:ation in accordance with paragraph 14 hereoL ~ Such notice shall provide a period of not less than 30 days trom the date the notice ia mailed within which Borrower may pay the sums declered ~ due. If Borrow~ faila to pay such sums prior to the ezpiration of auch period, I.ender may, without fiirther notice os demand on $orrow~, i invoke any remediea permitted by paragranh 18 hereof. - 18. Acceleration; Remedies. E:cept ae provided in paragraph 17 hereof. upon Borrower's breach of any oovenant or ~ agreement of Borrower iw thie Mortgage. Including the oovenanta to pay when dae aqy sums secured by thia Mortgage, Lender ~ prior to aoceleration ehall mail notice to Borrower ae provided in paragraph 14 hereof epecil~ing: (1) the breach; (2) the action E required to cure such breach; (3) a date, not lese than 30 daye from t6e date the notice is mailed to Borrower. by whic6 such breac6 must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may reanlt in acceleration of t6e aums secured by thie Mortgage, foreclosure by judicial prooeeding and sale of the Pro ~ perty. T6e notice shall further inform Borrower of the right to reinstate aRer acceleratioa and the right to aseert in the foreclosure proceeding the non-e:ietence of a default or any other defense of Borrower to aoceleration and foreclosure. If the breach ia not cured on or ~ before the date epecifeed in the notice, Lender at I.ender'e optIon may dectare all of t6e enme aecured by t6ia Mortgage to be ~ immediately due and payable without further demand end may toreclose tWe Mortgage by judicial proceeding. I.ender e6a11 be entitled to oollect in such proceeding all expenBes of foreclosure. including, but not limited to. reaeoneble attorney's feee. and ' coats of documeatary evidence, abstracte and title reports. 19. Borrower's Right to Reinetate. Notwithstanding Lendei e aa:eleration of the sume eerured by this Mortgage. Borrower shall have the right to have any proceedings begun by I.ender to enforce thia Mortgage diaoontinued at any time prior to entrq of a jud gment enforcing thia Mortgage if: (a) Borrower paya I.ender all aume which would be then due under this Mortgage, the Note and notea eecnring Pbture ~ Advancea, if any, had no sooeleration occvrred; (b) Borrower cares all breachea of any other rnvenante or agreementa of Borrower oontained in a thie Mortgage; (c) Borrower pays all reaeonable ezpenees incurred by Lender in enforcing the covenante and a ~ greementa of Borrower ~ wntained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable ~ attorney's fees; and (d) 8orrower takea such action ae Lender may reasonably require to sesnre that the lien of this Mortgage, Lender'e iaterest ~ in the Property and Borrower'e obligation to pay the auma eecured by this Mortgage ahall continue unim paired. Upon euch paymeni and cnre ~ by Borrower, thia Mortgage and the obligationa eecured hereby ahall remain in full force and effect as if no acceleration had oocurted. ~ 20. Aseignment of Rents; Appointment of Receiver. Aa additional eecurity hereunder, Borrower hereby assigns to Lender We renta ~ of the Property, provided that Borrower ahall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right r to coUed and retain such rents as ihey become due and payable. ~ Upon aooeleration ander paragraph 18 hereof or abandonment of the Property, I.ender eha11 be entitled to have e re~eiver appointed by a ~ oourt to entera~pon, take poseeasion of and manage the Property and to oollect the rente of the Pro ' oollected b the receiver ehall be a ~ed firat to P~Y. including those paat due. All rente ~ Y pp ' payment of the oosta of management of the Praperty and oollection of rente, including, bnt not limited to, receiver a fees, premiume on receiver's bonds and reseoneble atbmey a fees, and then to the sums eecured by this Mortgage.'14~e ~ receiver ahall be liable to acoount only for thoee renta actually received. a ~ ~ 2~~8 ~ 25?' ~ ~ ~ ~ ~ ~ ~ ; - ~ _ - - ~ ~ ; -_3 - _ _ ~ s~<,~::. ~