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Home My WebLink About0814 - ~ • ' , 8. ln~pectba. l.ende~ may make o~ cawe b be made n~wnabb entrie~ upon and inapectioiu otthe property, provided thet Leoder ~hall ~ive 8ortawer notice pcio~ b~ny ~uch irupection ~pecifyin~ reawi?able caws therefor rolated to l.e~de~ s inte~t in the Propeety. 9. Co~dema~don. 7be prooeed~ oI any awud or claim for dama~e~. direct or con~equeatial. in rnnnectio~ with any oondemn~tion or other tekins ot th~ prope~ty, or part thereot. or for conveyance in lisu of oondemnation, ars hereby assiQned and shell be paid b I.ender. In the event oI a total takin~ of the Property, the procesds shaU be appGed b the aunu ~ecurad by thu Mort~a~~. with the e:cew. if any. ~ paid to 8orrower. Ia tM eveat of e parti~l takin~ ot 1he Property, unleM Aortower and Lenda otherwi~e a~ree in writin~, thers ~hall be i appGed to tM wm~ ~scured by lhis Mwt~s~e such proportio~ of the proceed~ eu ia equsl to that proportioa which the aaount of the sum~ .ecure~i by this Mori~a~e immedistely prior to the date oi tafcir:g ~ to the fair market value of the Property immediately prior to the dab of ~ takin~. aritl~ the balac~ca of the prooeedi paid b Bon~ower. !i the Prope~ty iu abandoned by Botrowes. or if, slter notioe by L,ender to Borrower that ths oondemnor often to make sn award or ~ettle a claim for dama~e~. Borrorver [ails b re~pond to I.eader within 30 day~ ette~ tha date auch notios ia mailed. I.ender u authorized to oollect and ~ apply the proceedi. at Leader'~ option. either to resbretion a repair oi the property or to the s~u secured by thu Mott~s~e. Unlew lead~r aad Borrower othawi~e a~rae in writinQ, any ~uch application oi ~mceed~ to principal shall not eactend or pq~tpone the due date of the monthly uute!lmenq referend to in puagraph~ 1 and 2 hareof or chenge ehe e,uwunt ot ~uch In~tallmenb. ~ 10. Bore~owrer Not Relea~ed. E:tcnaion of the Lime for payanant or modificatiun of amorti:ation o[ the ~um~ secured by thii Mort;aQe ~ granted by I.ender to any eucceesor i~ interest of 13orrower shaU not operate to nlease, in any manner, the liability of the oriQinal Borrower and Borrower'~ suoceawn in interea~ l.ender shall ~ot be requirql b oommenoe pra,~eedings again~t such succeewr or refu~e to estend time for payment or otherwise modify amortization of the sums eecured by thia Mortgage by reaion ot any de~nand made by the oriQinal Borrower and Borrower ~ succe~son in interest. I 1. Forbearanoe bp Ler~der Not a Watver. My forbearance by Lender in esercising any ri~ht or remedy hereundar, or ofherwi~e aftorded by applicabk law. ~haU not be a wsiver otor preclude the e:erci~e o[ any such right or remedy.'11~e procure~nsnt olinsuranoe or the payment of tue~ or other Uea~ or charges by Lender shall not be a w~aiver oi Lender'~ right to aocelerate the maturity ot the iadebfAdpew eecund by this MortQage. ~ 12 Remedie~ Cua~ul~tive. A11 remedies provided in this Mortgage are di~tincL and cumuladve to any other riQht or remedy under thi~ Mortgage or afforded by la~r or equity, and may be exercise+i ooncurrendy, independentiy or sncce~sively. . t3. Suooewon and I?wi~ Bound: Joiat and Several Liability; Caption~. The oovenanb and agreement~ Aerein aontained shaU bind, aad the rights hereunder shall inure b. the reapective suece~son and a~sigtu ot Lender aud Borrower.,subject to the proviriotu of paragraph 17 6ereoi AU covenanL and egreements of Borrower ~hall be joiat and.~everal.lbe captions and 6endiago ofihe paragraph~ of this Moct~age are for covenience only and are not fn be wed to inferpnt os define the provisions her~eof. 1~. tiotice. E:cept tor any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided [or in thia Mortgage ahall be Qiven by mailing such nolioe by certified mail addreeaed b$orrower at the PropertyAddrees or at such other addrw aa , f3orrower may designate by notice to Lendrr ae provided herein, end (b) any notiee to I.ender ehall be given by certihed mail, return receipt ' requesfed. fn lander's address stated herein or to such other address ae I.ender may deaignate by notioe to Borrower aa provided herein. My ' notice provided for en thia Morigage shall be deemed to have been given to Borrower or I.ender ~vhen givm in the manner deaignated herein. ; 15. Un1[otm Mort~a~e; Goverpln~ I.ew; Severability. This form of mortgage combines uniform oovenants for nationel use and non- unifozm rnrenants with limited variations by jurisdiction to oonetitute a uniform eecurity instnui~ent oovering real property.'!'his Mortgage shall be governed by the law of the juriadiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such oonilict ahaU not agect other proviaiona of thia Mortgage or the Note which cen be give~n et~ect without the oonllicting provision, and to thia end the provisions o[ the Mortgage and the Note are declared Lo be eeverable. ~ Borrower's Copy. Borrower shall be furniahed a oonformed oopy of the Note and of thia Mortgage at the time of euecution or after ' recoedation hereof. ~ 17. Tran~ter ot the Property: Aeaumption. If all or any part of the I'roperty or an intereat therein ia sold or transfentid by Borrower ' without I.ender'a prior written conaent, e:cluding (a) the ereation of a lien or encumbrance subordinate to thie Mortgage, (b) the creation of a i purchaee money security intereat tor houeehold applianoes, (c) a tranafer by devise, deecent or by operation of law upon the death o~a joint £ tenant or (dy the grant o[ any leasehold interest of three yeare or lesa not rnntaining an option to purchase, Lender may, at Lender's option. ' declare all the sums secured by fhie Mortgage to be immediately due and payable. Lender shell have waived such option to aocelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be eold or traneferred reach agrcement in writing that the credit otsuch person ie satiefactory to l.ende~ and that the intereat payable on the auma eecured by thie Mortgage ahall be at auch rate as I.ender ahall request. It Lender has waived the option to aocelerate provided in thia paragraph 17. and if Borrower's suceeseor in intereat hes executed a written aasumption agreement accepted in writing by l.ender, Lender shall release Borrower from all obUgationa under thia Mottgage and the h ote. - • If I.ender acercises such option to accelerate, Lender shall meil f3orrower notice of acceleration in aooordance with peragraph 1~ hereof. ~ Such notioe shall provide a period of not lees than 30 days from the date the notice is mailed within which Borrower may pay the suma declared due. If Bomower faila to pay euch auma prior to the e:piration of such period, Lender may, without further notice or demand on f3orrower, invoke any remedies permitled by pazagraoh 18 hereof ' 18. Acceleration; Remedies. EYcept as provlded in para~raph 1? hereot. upon Borrower's breach of aay oovenant or ~ agreement ot Borrower in t6ia Mortga~e. including the ooveaaats to pay whep due any sums secured by this ltort~a~e, Lender f pri~r to aoceleration shall mail notice to Borrower as provlded in peragraph 14 hereof specityin~: (1) the breac6; (2) the action ~ required to cure wch breach; (3) e date, not less then 30 days trom the date the notice i~ mailed to Borrower, by w6ich wch ~ breacb muit be cured; and (4) that failure to cure such breach oa or beture tbe date specit~ed in the aotice may result in i acceteration of the sume secured by t6ls blortgage. foreclosure by judiclal proceeding and sale otthe Property. The notice shall t furt6er iuform Sorrower otthe risht to reinstate after acceleration and the ritht to a~sert in the toreclosure proceedln~ the ~ non-e~atence ot a detault or any other detense ot Borrower to acceleradon end foreclo~ure. If the breach is aot cnred on or ~ before the date ~pecitied {n the notice, Lender at Lender's option may declare all oitlie wrn~ secured by thL Mortgage to be ~ immediately due and payable witbout furtherdemand and mey foreclosethls Mortgaseby jndicial proceeding. Lendershall be ~ entitled to collect in such procecding all e:pensee of toreclosure, includina. but not limfted to, reasonable attorney's fees. and ; € costa otdocumentary evidence. ebstrects and title reporte. ' ~ 19. Borrower'~ Right to Reinstate. Notwithetanding I.ender's acceleration otthe euma secured by this Mortgage, Borrower shall have ~ the right to have any proceedinga begun by Lender to enforce this Mortgage dieoontinued at any time prior to entry of a judgment enforcing ~ ~ this Mortgage i( (a) Borrower pays I.ender a11 sums which would be then due under thia Mortgage, the Note and notes securing Future ~ ' Advances, if any, had no acceleration occurred; (b) Borrower curee all breaches of any other covenants or agteements of Borrower rnntained in ~ this Mortgage; (c) Borro~ver pays all reasonable e:penees incurred by Lender in enforcing the oovenants and egreemente of Borrorver F oontained in this Mortgage end in enforcing Lender's remedies aa provided in paragraph 18 hereof, including, but not IimiLed to. reasonable 3 ; attorney's fees; and (d) Borrower tnkes such action ae Lender may reaaonably require to aaeure that the lien of this Mortgage, Lender's intereot ° _ in the Property and Borrowele obligation to pay the sums rccured by thia Morigage shall rnntinue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in fuU torce end effect as it no acceleration had oocurred. ~ Z0. Aui~nment ot Renta; Appointment ot Receiver. Aa additional security hereunder, Borrower hrreby assigne to Lender the rents of the Propedy, provided that Borrower ahall, prior W aoceleration under psragraph 18 hereof or abandonment of the Property, have the tight ; to coUect and retain such renta es they become due and payable. - Upon acoderation under paragraph 18 hereof or abendonment of the Property, Lender shell be entitled to have a reoeiver appointed by a ' _ rnart to enter upon, take possession of and menage the Property and to collect the renta ot the Property, including those paat due. All rtnts collerted by the recaver ~hal! be applied firet to payment ot the oosta of management of the Property end o~ltection of rents, including, but not " limited to, receiver e fee~, premiume on receiver e bonds and reaeonable attorney's feee, and then to fhe sums secured by this Mortgage. The ` receiver shall be liable to acoount only for thoee rente actually received. . . ~ ~ ~ ~ ~ a g~~~ ~J~ f~r;E. ~14 ~ E ~ $ ~ ~ ~ ~~{r~.~ -~.x r~ , ' ~ ~ c ~ti~`a`-'„"u~-. f 7E-'~ a~-: _ - _ ~