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Home My WebLink About0033 ~ 8. In~pectfon. I.eader onqy make or cauae b be made reawaabk eatria~ upoa ~nd iaspectiona of the property, proyid~that tender ~hap , give Borrower notice prior b any such i~uprction ~pecibrinQ reawnable caws therefo~ relsted b Lead~'~ intereK in ProperRy. 9. Coadamnatioa.'Rie prooeed~ oi any awud or claim [or danaage~, direce or oon.eyueaaal. in ooaueccion wi~, any oondemnaaoa or ~ othe~ talun~ ot the pmperty, or pa:t thereof. or ior oonvey~nce in lieu of oondeaaaation. are hereby ~ssi~aed and ~haU bs paid to I.ender. In the event oi a totsl takinQ of the Propedy, the procesd~ ~hall be applied b the ~um~ aecnred by thi~ Mort~e~e, writh the ~oen, if sny, paid to Borro.ver. In the eveat of s partial takin~ oi the Prope~ty. unlew Borruw~ and i.ende~ other~vi~s a~ree iu wnitin~. Wen shall bs applied to the sums ~ecured by this Mort~a~e ~uch ~oportion ~ the proceed~ eu ia equal to the! proportiop which We amouat of the ~uau ! aecured by this Mort~a~e immediately prior to the date of taking bears to tbe fair martet value of the Property immediately prior to tbe date oi taking, with the balenoa of the prooeeds paid to Borrower. ~ If the Propecty u abaadoned by Bori~o~ver, os U, aRer aotice by Lender to 8ormaer that We oondemnor o~en to make aa a~rard or ~ettle a claim for damaQea. Borrower fai4 b respoad to Lender Mrithin 30 days efter tbe date ~uch aotioe iu mailed. Lende~r is authorised ta collec! and , apply We proceeds. at LeAdez's option. either t~o re~torstion or repair oi the property or to the ~ums secured by tltiw Mortga~a Ualess Lender and Borrowe~ otharwise agrea in w+ritia~, any such appUcalion of piooeeda to principal she11 not ~tend ~ pwtpone the dns dete of the monthly iastallmwb refetred to iu parag~raphs 1 and 2 hereof or change the amount of such iaseallment~. ~ 10. Borrowar Not Releaaed. E:tension of the time fos paymsnt or modification of amortization of the sums secured by tdu iKo~tgage ~ granted by' Lender to any suoceaeor in inLerest of Borrower shall not opernte b rrleaee, ia any manner. the liability of the original Bo~e~ower and Botrower's succ~son in interest I.ender ahall not be required to wmmence proceedings against auch suocessor or refuse to estend time for p~yment or otherwiae modify amortization of the sums secured by this Mottgage by reaeon of any demand made by the original Borrower ~ and Borrower s aucceesors in it~teres~ 11. Forbearanoe by Leader Not a Waiver. Any forbearanoe by I.eader in c:errising any right or remedy hereunder. or oWerwi~e afforded by applicabk law. shall nM be a waivar of or preclnde the ezrrcise of any such right or nmedy.'ILe procunment of insuranos or the payment of teuces or other liens or charge~ by I.ender shall aot be a waiver of Lender's right to aocelerate the maturity of the indebtedness secured by tliia Mortgage. 12 Remedies Cuniulative. All remedies provided in thie Mortgage are distinct and cumulative to any other right or nmedy uader thi~ ~ Mortgage or afforded by law or equity. aad may be esemise~i o~acnrrent~j?, indepeadendy or sua~essivcly. ~ 13. Suooeasor~ and Asaigns Bound; Joint and Several I.iabilit~?; Caption~. The oovenante and agreementa herein contained shall bind, and the rights hereunder ahall innre to. the napective successon and assigns of I.ender and Borrowez. anbject to the provisions of ~ paregraph 17 hereof. All covenanta and agreemeata of BoTrow~ ahall be joint and several. The captiona and headiags of the paregraphs of thia Mortgege are for covenience only and an not to be ueed b interpret or de5ne the provisions heceo! ~ 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any aoace to Borrowe~ prorided for in this Nlortgage shall be~iven by mailing auch notice by certified maii addreaeed to Borrowes at We I~iropsrty Addreea or at such other address aa Borrower may designate by notioe to [.ender as providod herein. and (b) ax~y notioe to Lender ehall be given by oe~ti5ed mail, return reoript requested, to Leader's addreae stated herein or to euch other address as Lender may deeignate by notice to Borrower ea pmvided herein. Any notice pmvided for in thia Mortgage ahall be deemed to have been given to Borroaer or Lender whea given in the manner designated herein. 15. Uniform Mortgage; Goveraing I.aw; 3everability, This form of mortgage combinea nniform ooveaanta for nstional use and noa- uniform covenants with liuuted variatione by jurisdiction to oonatitute a uniform aecurity inatrument oovering real propetty.'iLis Mortgage = ehall be governed by the law of the juriediction in which the Property is tocated. In the event that any proviaion or clause of thia Mortgage or the Note conilicta with applicable law, such contlict ahall not affect other provisions of thia Mortgage or the Note which can be givea et~eet without the oonflicting.proviaion, and to thia end theproviaiona of the Mortgage and the Note are declared to be eeverable. 16. Borrower's Copy. Borrower ahsU be f»rnished a ooaformed copy of the Note and of this Mortgage at We time of ~ecution or after recordation hereof. ~ 17. 'l~ansfer of the Property; Assumption. If ell or any part of the Property or an interest thenin is eold or tranaferred by Borrower without Lender a prior written coneent, ~cluding (a) the creation of e Uen or encumbranoe aubordinate to thia Mortgage, (b) the creation of a purchase money eecurity intereet for household appliances. (c) a trander by devise, descent or by operation of law upon the death of a joiat tenant or (d) the grant of any leasehold interest of three yeare or lees not ooataining an option to pnrchaee. I.ender may. at Lender s option, declare all the auma secured by this Mortgage to be immediately dne and payable. Lender shall have waived anch option to aooelerate if, prior F to the sale or tranafer, Lend~ aad the pereon to whom the Property is to be sold or traneferred reach agreemeat in writing that the credit of such • person ia satiefactory to I.ender and that the interest payable on the eums secured by thia Mortgage ahall be at such rate as Lender shall requeat. If I.ender haa waived the option to accelerate provided in this paragraph 17. and if Borrowe~s succeeaor in intereat hae ~:ecuted a written aseumption agreement aooepted in writing by Lender, Lender shaU releasg Borrower from all obligationa under this Mortgege and the t Note. f ! If Lender e~cerciaes such option to acoele~ate, Lender ahall meil Borrower notice of aoceleration in aooordance with paragraph 1~ here~L t j Such notice ahaq provide a pe~riod of not lees than 30 daye from the date the notice is a~siled within which Borrower may pay the aume declare~ ` due. If Borrower fails to pay auch auma prior to the e:piration of such period, I.ender may, withont further notioe or deanand on Borrower, ( ~nvoke any r~ediea permitted by paragraoh 18 hereof. ~ ~ 18. Aoceleratioa; Remedies. E:cept as provided in paragraph 17 hereof, upon Borrower's breach o! any oovenant or ~ agreement ot Borrower in this Mortgage. incladiag the oovenanta to pey when dne any snme secured by this Mortgage, Leader prior to acceleration ahall mail notioe to Borrower as provided in paragraph 14 hereotepecifying: (1) the breac~ (2) the adion required to cure snch 6reach; (3) a date. aot less than 30 days from the date tbe notice is mailed to Borrower, by which wch breach mnat be cured; and (4) that tailare to care such breach on or before the date spccified in the notice ma,y re.eult in acceleratfon o! the sums secured by thie Mortgage, foreclosnre by judicial proceeding and aale of the Property. The notice shall further inform Borrower of the right to re[astate aRer soceleration and the ri~ht b easert in the foreclosure proceedin~ the non-e:iatence of a default or eny other defense of Borrower to aoceleration and foreclosnre. It t6e breach is not cnred on or . before t6e date specified in the notice, Lender at I.ender's option may declare all of the suma eecured try th~s Mortgage to be immediately due and payable without further demand and may foreclose thiaMort~age by judicial proceeding.I.ender ehell be entitled to oollect in such prooecding all ezpensee of foreclosure, includit~g, but not limited to, reaeonable attorney's fees, aad coats of documentary evideace, abstracte and title reporte. 19. Borrower'e Right to Reinetate. Notwithatanding Lender e soceleration of tt~e sume secured by thia Mortgage. Borrower ehall hsve the right to have any pmccedinga begun by L.ender to enforoe thie Mortgage diecontinued at any time prior to entry of a jndgment enforcing thie Mortgage if: (a) Borrower paya Lender all suma which would be then due under this Mortgage. tUe Note and notee eecuring I~ture Adxanoes, if any, had no aooeleration occnrred; (b) Bor~ower curee all breaches of any other ooveaants or agreementa of Borrower oontained in this Mortgage; (c) Borrower paye all reaeonable ezpenaes incurred by I.ender in enforcing the cavenanta and agreemente of Borrower ~ contained in this Mortgage and in enforciiwg Lender's remedies as provided in paragraph 18 hereof, inclnding, but not limited to. reaaonable ~ s, attorney's. ;eee; and (d) Borrower talces anch action as Lender may reasonably require to asanre that the Uen of this Mortgage, Leader'e interest ; ; in the Property and Bonowe~'e obligation to pay the suma secured by thi8 Mortgage ehall oontinue unimpaired. Upon such payment and cnre ~ by Borrower, this Mortgage and the obligationa secured hereby ahall remain in fnll force and effed aa if no aoceleration had ocxurred. ; 20. Aasigament of Renta; Appointment of Receiver. Ae additional secnrity hereunder, Borrower hereby aeaigna to Lender the reata ~ of the Property, provided thet Borrower 'shall. prior to aoceleration under paragraph 18 hereof or abandonment of We Property, have the right to collect and retain such renta as they become due and payable. ~ Upon acaeleration under paragraph 18 hereof or abandonment of the Property, I.ender shall be entitied to have a mxiver appointed by a court to enter~npon, take poseesaion of and manage the Property and to oollect the rents ot the Property, induding thoee past due. All rents ~ coUected by the reoeiver shall be applied firat to payment of the oosta of manage~nent of the Property and collection of rents, inclnding, but not limited to, receiver's fees, premiuma on receiver'a bonds and ressonable attorney'e fees. and then to the euans secared by this Mortgage. 7~e ~ receiver ahall be liable to aooount only for thoee rente actually reoeived. ~ - ~ ~ ~ ~ ~ - - w~~r ~ ~ u ~a ? _ Y ~ r~ ~'t~~~~'~~~•~'"Y~'.~~ ~ _ _ ~