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Home My WebLink About0339 • ~ . • , : 8. Itupectlon. l,enda may mske or cawe b be made ee~waabk entrie~ upoa and 'uupectio~ of the pmperty. provided tlut Lender ~he~ll ~ive Borrower notice prio~ to any ~uch uupsction sDecifyia~ reoaon~bb c~uae therefor related to Lead~r'~ interat in the Propert~r. 9. Condema~tion.'11~e prooeed~ of aay award or CWA1 tOi II~A~li. aII'~C~ Or MA~OQlleptli~. 111 OOnIIlCt10[I rY11I1 RGy OOil~fliLWA OT othe~ taki~ ot tbe prope~ty. or part Wereot. or far aonwyanoe in tieu ot oondemaatioa. are he:sby wi~ned and ~hall be p~id to Iwader. In the eveat of a~otal takin~ ot the ProPer.tY. the prooaeds shall bs applled b the mm~ ~scnred b~? ehi~ Mort~a~a wiW the esoaa. if aRY. paid Lo Bor~ower. In We event ot a partial taki~ ot the Property. unlew Borrower and Lsnder other~ri~s a~ree in writins~ then shaU be applied to We sum~ ~ecured by thia Mo~a~e wch proportion of the pmcaed~ u ia equel to Wat propo:tion which the amount o~the sunu secured by thi~ Mort~s~e immediate~y qior to the dats ot W~in~ bean to the fair market vdne of We PmP~Y ~~a~1Y Prior to the dats of tskinR. aritb the balanoe o[ tM proceed~ paid ~o Borrower. If the Prope~ty u abendoaed by Borrower. o~ if. aRer notios by Lender to Borrower that tbe oondanno: otrers b mate aa aw~rd or ~ettk a claina for dama~a. Borro~rsr [sila to re~poad to Lendes within 30 dari aRer tM date ~ucb Aotioe u mailed. Lepder u antlwrised Lo coUectaad •PP1Y the proceeda, at Leader'~ option. eithe~ to rsdontioa or repair of the p~opecq? ~ to the sum~ ~ecnred by thi~ Mat~a~s. . ~ Unk~s L~da and Borrowat otherwi~e a~ree in aritias, any ~uch applic4tioa of preoesd~ to principal ~hap not estead a pwtpone the dw daee oi ehe monthly installmeat~ refe~red to ia p~rsQraplu 1 and 2 he~eof os dian~s the amo~wt of tnch installmeats. , 10. 8orsower Not Releaaed. Factetuion of the time fos psymsnt or modibcatioa of amortisatiop of the ~um~ ~eciued by this Mo~aQe graated by I.ender b any ~ucceasor in iaterest of Borrower shall not operate to release. in any manner. t!?e liability of We ori~iaal Borrow~er nnd Borrower's succewon in interes~ Lender shuq aot be reqnired to oommenoe prooeediags against ~uch suooes~ or cetwe to exte~d time ~ tor payment or otherwiee modify amortization of the snms ~ecured by this Mortgage by rea~oa of aay demand made by the ori~inal BorsoMrer end Borrower'a succ~ors in intenst. 11. Forbearanoe b~ Lender Not w Wwiver. Any forbearanca by Lendet in exrrdaing any tight or remedy herew~der. or oWerwi~s agorded by applicable law. shall not bs a waiv~ of or preclude the e:erci~e of aay snch ri~bt or reme~y.'11~e ~t of insusenoe or the W?Ymenb of taues oe other liew or charges by Leader shall not be a waives of I.ender'~ ri~ht to aooekrate the maturity at 1he iadebfednew secured by thi~ Mortgage. . 12 Remedle~ Cumutative. All remedie~ provided in this Mort~age are di~tinct end cvmnletive Lo eny oWer tight or cemedy nnder thi~ Mort~age a~ afforded by law or eqnity. and mqy be ~erci~ed concurrently. indepsnden~ly or snooe.sively. 13. 8uooeswn ~nd Assi~ Bonnd; Joint and Several Li~bility; Captbn~.l~e oovenanb and agreementa herein wntained ~hall bind. and the rights hereunder shall inure to, the respective suoceswn and a~i~s of Le~der and Borrow~. subject to the pzowio~u of paragraph 1 ~ hereoi All oovenants and a~reementa of Borroaer ~hall be joint aad ~everal.'I'tie cap~ocu and heading~ of the pasa~raphs of Wis Mort~ege are for oovenience only and an not t~o be wed to interpret or de6ne thn provision~ hueof. ~ 14. Notiue. Except tor any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in t6is Mortgage ahall be given by naailing wch notioe by certi6ed mail addreseed to Borrower at the Property Addrees or at such other addnss a~ Sorrower may designate by notice to I.ender as provided hereia. and (b) any notice to I.ender ehall be given by oertified mail, returu reoeipt requested. to I.ender's address stated herein or b snch other addrese as Lender may designate by notice to Boriower as provided herein. My notioe pmvided for in this Mortgage shall be deemed to have been given to Borrower or L~ender when given in the mannu desigaated herein. 15. Uni[orm ~lort~s~e; GovernjnQ I.aw; 3everabil[ty. This form of mortgage combines uniform aovenants for national use and non- uniform covenants ~vith limited varia.tions by jurisdidion to aonstitnte a uniform eecurity indrument wvering nal property, This Mortgage ahall be governed by the law of the jnrisdiction in vehich the Propedy is located. In the ev~t that any pmviaion or clause of this Moitgage or the Note conflicts with applicable law, such conllict ahall not affect otner proviaions of thia Mortgege or tha Note which can be given effect without the oontlicting provision, and to thia end the provisions of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Horrower shall be furniahed a conformed oopy of the Note and of thia Mortgage et the time of e:ecution o* after reoordation henof. 17. 'I~anefer ot the Property; Assumption. If all or any part of the Property or an interest therein ia sold or transferred by Borrower without Lender's prior written oonsent~ rscluding (a) the creation of a Uen o~ encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliences, (c) a tranafer by devise, desoent or by operation of law upon We death of a joint tenant or (d) the grant of any leaaehold intereat of three yeare or leae not aontaining an option to purchese, I.ender may, at Lender's optioa, d.xlare all ihe snma secnred by this Mortgage to be immediately due and payable. Lender shall i~ave waivad snch optinn to acoelerate if. prior to the sale or transfer, l.ender and the person to whom the Proparty ia to be sold or transferred reach agreement in writing that the credit of sach p~son ia satiafactory to Lender and that the interest peyable on the eums secured by this Mortgage shall be at auch rate aa Leader shall request. If Lender haa waived the option to aocelerate provided in t6ia paragreph 17, and if Borrowe~s suoc~ssor in interest has e~ecuted a written aeaumption agireement aooepted in writing by I.ender, Lenderahall release Borrower from all obligations underthis Mortgage and the Note. - If Lender e~cercises auch option to ecoelerete, Lender ahall mail Borrower notioe of aooeleretion in aooordance with paragraph 14 hereoL ! Such notice ehall provide a period of not leae than 30 days irom thedate the notice ia meiled within which Borrower may pey the aums declaeed ~ due. If Borrower faila to pay such sums prior to the exp'vation of auch period, Lender may. without further notice or demand on E3orrorva~ f ~nvoke any remedies permitted by peragreoh 18 hereof . ` 18. Acceleration; Remedies. Escept as provided in para~raph 17 hereot, upon Borrower's breach of aay oovenant or ~ s~reement of Borrow~er in this Mort~age, including t6e oovenants to pay wheo due any snms secured by thL ~iort~age. Lender prior to acoeleration shal! mail notice to Borrower as provided in paragraph 14 hereotspecifying: (1) t6e br~ch; (2) the action ~ required b cure such breac6; (3) a date, not teas thau 30 days from the date the notlce is mailed to Borrower. by ~vhic6 snch ! breach must be enred; and (4) thaE fallure to cure suc6 breach on or betore the date ~pecified in the notioe may rewlt in i eooeleration ot the sums secured by this ~ortga~e, foreclo~ure by judIcial prooeeding aad sale of t6e Property. The notice ~6all further inform Borrower of the right to reinstate aRer acceleration end tbe risht to ar~ert in the foreclosure proc.ee~din~ the non-ezfstence of a default or any other defense of Borrower to aoceleration and foreclowre. If the breach b not cnred on or ; betore the date ~pecified in tbe notice, Lender at l.ender's option may declare all of t6e sums secured by t6is Mortgage to be immediately due and payable without further demand and may foreclose this Mort~s~e by judicial proc~eeding. Lender ahall be entitled to collect in such procecding all e:penaea ot foreciosure. including, but aot 1lmited to, reaeonable atbrney's fees, end ~osts of documentary evidence, abstracts and tttle reports. . 19. Borrower'~ Right to Rein~tate. Notwithstanding I.ender's acceleration of Lhe sums sccured by this Mortgage, Borrower ~hall have the right to have any proceedinge ~un by Lender to enforce this Mortgage disoontinued at any time prior to tntry of a judgment enforcing ~ this Mortgage if: (a) Borrower pays I.ender all auma which would be then due under this Mortgage. the Not~e and aotes se~vring Futare Advancea, if any, hed no aoceleration occurred; (b) Bormwer curee all breaches of any other oovenants or agreem~te of Borrower contained in this Mortgage; (c) Borrowe~ peys all reasonable expensea incurred by Lender in enforcing the ooveaants and agreements of Bonowrer ~ aoatained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 heieof, inclnding, bnt not limited to, teaaonabls g attorney's fees; and (d) Borrower talcea such action aa Lender may reasonably reqaire to assun that the liea of this Mortgage. I.endet's intered g in the Property and Borrower s obUgation b pay the soms secured by this Mortgage shall oontinne nnimpaired. Upon nuh paymeat and curs ~ by Borrower. this Mortgage and the obligetions secured hereby shall remain in full foroe and eftect as i! no acoeleration had occurred. ~ 20. Assignmeat of Rents; Appointment ot Beceiver. As additional security hereander. Borrowa hereby aesign~ to Lender the reats ~ of the Property. provided that Borrower shall, prior to aa:eleration nnder paragraph 18 hereof or abendonment oithe Propetty; have the right t to rnllect and refain euch rents aa they become due and payable. = Upon aoceleration under paragraph IS hereof or abandonment of the Property. I.ender shall be entided to have a reoeiv~ appointed by a ~ oourt to entervpon, take poeseasion of and manage the Property and to collect the rents of the Property, including thoee past due. All rents ~ o~Uected by the reoeiver shall be applied first to payment of the c~osts of management of the P~operty and oollection of rents. including. but not ~ limited to, reoeiver's feea, premiuma on reotiver's bonda and reasonable attorney'a fees, and then to the ~ums aecured by this Martgage. The receiver ~hall be liable to aooount only for thoee rents actually reoeived. ! ~ ~ ~ { ~ Ok ` . eo~K 299 PA~ 339 ~ ~ . ~ ~ ~ _ . . _ _ _ ~