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Home My WebLink About0327 8. Ia~pection. Lender may maka or cawe b bs made re~wn~ble ~trie~ upoa aad irupectioni o[ W~ pmp~rty. provided I~tY.~eader ~hall f , ~ive Borrower notios prior to any ~uch uupection ~DecibinQ reawneble c~uie therefo: related to Lend~'~ intecest in the Pcops~rty. j 9. Coade~matlon. The peoceeds ot wy award or claim tor dama~es. direct or ooa~equentisl~ in rnnnection with any ooadaanatioa ~ i othK takins of eM proper~jr. or part thereot. or fo~ oonveysnc6 ia lieu oi oonde~nnation. ars hereby a~ai~aed and shell be pRid ~o Lsad~. ~ Ia We ~v~t of a toW takin~ ot tbe ProPerU?. the prooeed~ ~h~li be ~pplied b We ~uau ~ecured by tl~ia Mort~e~e. aith th~ esc~. it+uU?. paid Lo Borrower. In the evept of ~ partial takin~ oi the Properqr~ unlew Borro~ve~ u~d I.ender otherwi~e R~ree ip writiu~. tbere ~heU be ~ applied to the wm~ ~ecured by thia Morf~a~s such proporNoa ot ehe proosed~ as is equal to that proportion which ths amount of tbe ~ua~ ~ei.~ured by this MoctQs~e immediat,ely prior to the date oi takin~ besrs to the fsir mukd value of ehe Property immediateiy prior to the date ot tekin~. wiW the balanoa ot the praosed~ paid to Bo~ower. Ii the Property L ebaadoned by Borrow~. or If. a8er aotios by Leader to Borrow~ t!?at the oo~demnor oQen to make sa aw~rd or ~ettie a claina tor dama~e.. Borrow.r fW. eo re.pond to Lender wi~hin 90 day. after che ds~e such noaos is mailed, I.ender u anthorised b oollect snd epp~y the prooeed~. at I~sadds optioa. eiWa b redontion or repair of tLs property or to the ~wn~ ~scured by thi~ Mort~eQa ~ Unlew Lender and Borrower otherwi~e aQree in ariting. say ~uch application of peooeed~ to prlncipal ~hall Aot e:tead or pwtpone the due date oi the moathly instaUment~ nferred to in para~raplu 1 and Z h~eof or chan~e the amoaat oi ~uch irutallmeab. 10. Borrow~er Not Relea~ed. E:tendon of the time for paymant or modification of amortisation of the sunu secured by lhia Mortga~e ~ granted by l~euder to any successor in intere~t of Borrower shall not operate to relea~e, in any aaanner. the liability of the original Borro~rer and 8atrawer s sueceesa~ ii~ inier~t i,~d~r stt~tl a~t 6~ ~q~i~i ta ~mr~~nc~ ~a+.~t~se agai:ui ~h ~.~r or r~~aoa La Frt~-~d ti~e for pa~yment or otherwiae modify atnortizatio~ of the aums ~ecured by thia MortgaQe by reaeon of eny demand made by the ori~iaal Borrowe~ aad Borrowei s aucce~aon in interest. - 11. Forbearaaoe b~ I.endar Not a Waiver. My forbearauoe by Leade~ in e:erciting say right or remedy heraiu?der. ar otherwi~s agorded by sppGcable law. ahaU aot be a~vaiver of or praclude the e~ce:ci~e oi any ~nch righ! or remedy. The procureinent of i~uuranoe ar the paymen! of ta:e~ or other lien. or charga~ by L~dar ~hall not be a waiver of I.ender'~ ri~ht to aooelerate the maturity of tlie indebtednew .ecured by thia Mortgage. 12 Remedie~ Gtimulative. All remedies p~ovided in this Mort~aQe are distinct and cnmulative b any other right ar remedy under thi~ MoKgege or afforded by law or equity. and may be e:errise~l ooncurrent~y. iadependently or suoceesively. 13. Su~oeawr~ aad Assi~u Bound; Joint end Several I.iabllity; C~ption~. The oovenants and agreements herein oontained shall bind. and the tights hereunder shaU innn to. !he re~pective ~nc~oeswes and asagiu oi I.ender aad Borrower, subject to the provisiona ot paragraph 17 hereof. All covenants and egreementa of Borrowrer ahall be joint and several.'1Le captioas and headings of the paragraphs of thia Mortgage are for covenience only and•are not to bs nsed to interpret or de5ne We provisions hereof. 1~. Notice. E:cept for any ~otice tequired under applicable law to be given in another manne:, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such ~otice by certified mail addresaed to'$orcower at the Property Address or at such Mher addrees aa Borrower may designate by notioe to Lender aa pmvided herein, and (b) any notice to I.ender shaU be given by ceiti5ed mail. retum reoeipt requested. to Lender's addreas atated herein or to such otha addrees as Lender may designate by notioe to Borrow~ as provided herein. My notice provided for in this Mortgaga ehull be deemed to have been given to Borrower or Lender whea given in the manner deeignated herein. 15. UnIforn~ Mortga~e; Governin~ I.aw; Severabillty.'I'his form of mortgage combinea uniforan oovenants for national use and non- nnifortn coveaants with limitedvariations by jurisdiction to oonstitute a uniform security insttuiuent oovering real property.'I~ia Mortgage ahall be govemed by the law of the jnriediction in wrhich the Propedy ia located. In the event that any proviaion or clause of thie Mortgage os the Note co~tlicts with epplic861e lew, snch conilict ahall not a~ect othe~r provisioas of this Mortgage or the Note which~can be given effed without the ounllicting pmvision, and to this end the provisions of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Botrower shall be fumiahed a conformed oopy of the Note and of this Mortgage at the time of execution or after reoordatian hereof. _ 17. 'I~ansfer of th~ Property; Assumptlon. If all or any part oi the Propacy or aa incerest therein is sold or tranaferrtd by Borrower without Lender s prior vvritten consent, ~cluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purrhase money security intern,st for household appliances. (c) a tranafer by deviae, desoent or by operation of law npon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not conteining an optian to pnrchaee, Lender may. at I.ender's option. declare all~the suma sec.vred by thia Mortgage to be immediately due and payable. I.ender shell have waived snch option to aocelesate if, prior to the eale or transfer, Lender and the penon to whom the Property is b be sold or frans[erred reach agreanei?t in wrriting that the credit of such pereon is satisfactory to Lender and that the intereet pa~iable on the sums secured by thia Morfgage shail be at such rate as Lender shali request. If Lender hae waived the option to eccelerate provided in thie paragraph 17~ and if Borrowds suocessor in intereat hea executed a written aaeumption agreement acoepted in writing by I.ender, Lender ahall releaee Borrower from all obligations under this Mortgage and the Note. If L.e~det acercises such option to accelaate, Lender ehall mail Borrower notioe of aoceleration in aocordanoe with peragraph 14 hereoL Such notice shall provide a period o[not less then 30 daya trom the date the notice ie mailed within which Borrower mey pay the euma dtclaied due. If Borrower faila to pay auch suma prior to the e:p'vation of such pe~riod, I.ender may, without further notice or demand on F3orrower. ~ ~ invoke any remedies permitted by paragreoh IS hereof. 18. Acceleration; Remedies. Ezcept as provided in paragraph 1? hereot, upon Borrower's breac6 ot an~ oovenant or agreement of Borrower in this Mortgage, including the oovenants to pay when dne any snms se~vred by this ltortga~e, L~der prior to aoveleration s6s11 mail notlce to Borrower as provided in paragrap614 6ereof specifying: (1) tLe breach; (2) the action required to cure euch breach; (3) a date, not leas tban 30 day~ t~om t6e date the notice is mailed to Borrower, by w6kh such breach must be cured; and (4) that failure to cure suc6 breach on or befon the date specified in the aotioe m~y reatlt in acceleration of the snme eecured !ry thie Mort~age. foreclo~ure bp judiciel prooeeding and sale of the Property. The noUce shall ~ further intorm Borrower o! the r~g6t to reinstate aRer aooeleratioa and the ri~6t to assert in the foreclo~ure proceedins t6e ' non-ezistence ot a default or any otber deteose of Borrower to aa;eleretion and foreclosure. If the breach is not cured on or before t6e date ~pecified in tbe notice, Lender at I.eader'~ optioa may declare all of the onme secured by thi~ Mortgage to be immediately due and payable without turther demand and may toreclose this Mortgese by judicial proceet~ing. Leader ahall be entitled to oollect in such proceeding sll e:pensea ot foreclosure, including. but not limited to. reasonable attorney's tees, end oosts ot documentary evidence, abstracts and title reports. 19. Botrower's Rig6t to Reinstate. Notwithstanding I.ende~s acceleration of Ihe snms secured by this Mortgege, Borrower ahall have the right to have any proceedings begun by Lender to enforoe this Mortgage discontinued at any time priar to eatry of a judgment enforcing this Mortgage it: (s) Borrower pays Lender all sums ~vhich would be then due under thia Mortgsge, the Note and notee eecuring I~tnn Advancea. if eny, had no acceleration oocurred: (b) Borrower cures a11 breachea of any other oovenants or agreements of Horrowes oontained in _ this Mortgage; (c) Borrower pays all reasonable eacpenaea incurred by Lender in enforcing the oovenaats and agrcementa of Borrower oontained in thia Mortgage and in enf~ring Lender's remedies as pmvided in paragrap618 hereot. inclndiog, but not limited to, reasonable attorney's fcea; and (d) Bo~rmwer takes anch actioa aa Lender may reasonebly require to aasnre that the liea of this Mortgage, I.ende~'s interest in the Property and Borrower's obligation b pay the eums secured by thia Mortgage shaU oontinue unimpaired. Upon sach paymeat and cnn by Borrower, thia Mortgage and the obligationa secured hereby shall remain in fnU force and effect ea if no aoceleration had oocorred. 20. Assignmeat ot Renta; Appointment ot Reoeiver. Ai additional security hereunder. Borm~ver hereby assigns to [,ender We reats of the Property, provided that Borrower ahall, prior to aooeleration nnder paragraph 18 hereof or abandonment of the Property. bave the rig6t to collect and retain such nnta as they become due and payable. Upon aoceleration under paragraph 18 hereof ar abandotunent of the Property, I.ender shall be entided to heve a reoeiver appointed by a~ oonrt to enter-opon. take poesesaion of end manage the Property and to oollect the renta of the Property, including tho~e paat due. All ra~ta ooUected by the receiver shall be applied ttrst to payment of the oosts of management of the Property and oollection of ra~ts, ineluding, twt dot limited to, receiver's fees, premiuma on reoeiver's bonda and reaeonable attomey's fees, and then Lo the sams secured by this Mortgege. The reoeiver ahall be liable to aooount only Eor those rents actually received. BOLX 299 F~~ 327 ~ ~ ~ ~3 ~ : - ~ . : _ _ - mm~-,~ ~ ~ . _ Y ~ ~ ~