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Home My WebLink About0609 ~ ' . ~ • 8. lwpection. L,endsr may maka or cawe to be made reawnaWs entries upon and'uupection~ of the pmperty~ provided that Lender shaU give Bortower notioe prior b any ~uch in~pection ~pecifying reaaoaable cauae therefot related to Lende~'~ inten~t iA the Property. r 9. Condemnation.'11?e pmceed~ oi any award or claim for damages, direct or ooaoequential. ia rnnasction ~with any oondeannation or other eakit?Q of the prop~ty, o~ part thenof, or for oopveyanoe in lien o! oondemaetiod, ars hereby es~igned and ~hall bs paid to 4ader. ' In the eveat of a totsl taking of the Pr~opersy, the pcoc~ed¦ she~ll be a~tied to the swas secured by this Moitge~e, with We esoa~, if eny~ ~ paid ta Bocrower. Ia the svent of s partial taldnQ oi the P~operty. unles~ Borrowet and Lender otheswise a~ree in writia~. tbers ahall bs ~ appGed to the wms ~ecured by thi~ M 1 ortga~e auch proportion of the proceed~ as is equal to that pir?portioa ~vhich the amount af the ~ums : eecured by this Mort~age ima~ediately prior to ths data of ta~ing bears to the fair market value of the Propedy immediaWy prior to the daLs of j taking, .vith the balance of ~he proceeda paid to Borro~rer. 4 If the Property is abandoned by Borrower, or if, aRec notioe by Leader to Borrowss that the oondemnor ogers f,o meke an award or ~etW a claim for damages. Borrower fails to respoad to I.ender within 3Q days aRer the date euch notica ia mailed. Le»der is aut}wriied to collect and ~ apply We proceed~, at I.endez's optioa, either to restoration or repair of ihe property or to the sums ~ecured by this Mo~a~e. ~ Unless Lender and Borrowar otherwise agree in writing~ any such application of pmceeda to principal shall not ~tead or postpone the due t date of We monthly uutellmeab nferred to ia paragraphs 1 and 2 hereof or change the amount of such inetallmeata. 10, Borrower Not Released. Extension o! the time !or paymant or modification of amortization of the auau aecured by this Mortgage ~ granted by I.ender to any successor in intenst of Borrower ahall not operata Lo releaee. in any manner. the liability of the origiaal Borrower ~ and Borrower'e auccesaora in interes~ Le~der shall not be required to ooinmence proceedings against such succeawr or refuse to eztend time for payment or otherwise modify amortization of the suma secuted by this Mortgage by reason of any demand made hy theoriginal Borrower ~ and Borrower's an~eesora in intezest~ . ~ , 11. Forbearanoe by Lender Not ~ R?aiver. Aay forbearanoe by Lender in exenising anjr right or remedy hereuader, or oWerwi~e ~ afforded by applicable lu~v. ehall aot be a waiver of or preclude the ezeteise of aay such right or remedy. The procunment of insursaoe or the ; paymeat of ta:es or othe~r liens or charges by I.ender ahall no! be a waiver of I.ender's right to aocelerate the maturity d We indebLednees secured by this Mortgage. 12. Remedies Gtimnladve. All remediea provided in thia Mortgage are distinct.and cwnulative to any other right or nmedy ander this Mortgege or at~otded by taw or equity. and may be ezercieeri ooacarrently, ind~pendently or suecessively. • 13. 3ucce8sors and Assigns Bound; Jolnt and Several I.iability; Captione. The oovenant8 and agreements herein wntained ehall bind. end the righte hereundet shall inun to, the reapective aucoeeeors and assigns of Lender and Botrower. subject to the pmvisione of ` . paragraph 17 hereof. Aq covenanta and agreementa of Bormwer shell be joiat and several. The captiaQS and headinge of the paragraphs of chia M~tgage ar~ :a.- ivvenience only and are not to be used to interpret or define the proviaions hee~eof. ? 19. Notice. E:cept for any notice cequired under applicable law to be given in another manner, (a) any notice to 8orrowe~ provided for in thia Morigage ahall be given by mailing such notice by certified mail addreesed to8otrowes at We Property Addr~ss or at such other addree~ as 3 E;orrowe~r may designate by notice to I.ender as provided herei~, and (b) any notioe to T.ender ehall be given by certified mail. ntum receipt ~ requesled, to I.endei s addrrse stated herein or to such other addrese aa I.ender may deaignate by notice to Bonower es provided hereia. My = notice pmvided for in thia Mortgage ehail be dcetned to have been given to Borrower or Lender when given in the manaer de8ignaLed henin. ~ 15. Uniform bl~rtgage; Governiag I.aw; 3everability. Thie formofmortgagernmbinea uniform oovenanta fornational uaeand aon- ~ uniform c~ovenants wiih limited variations by juriediction to oonatitute a uniform security instrument oovering real proptrty.lbie Mortgage ~ shall be governed by the law of the jurisdiction in which the Property ia located. In the event that any provision or clause of this Mortgege or the Note conflicta writh applicable law, such conilid ahall not affect other provisiona of this Mortgage or the Note which can be given effect ~ without the conilicting provision. and Lo this end the pmviaiona of the Mortgage and the Note sre declared to be severeble. ~ 16. Borrower's Copy. Borrower ahall be furnished a conformed oopy of the Note and of thia Mortgage at the time of e:ecution or affer F recordation hereof. " 17. Tranefer of the Property; Aasumption. If all or any part of the Property or an interest therein ia sold or tranaferred by 8orroarer without I.ender'a prior written conaent, ezcluding (a) the creation of s lien or encumbrance aubordinate to thia Mortgage, (b) the creation of a purchase money security intere8t for household appliancee, (c) a tranafer by deviee. descent or by operation of law upon the death ef a joiat ~ tenant or (d) the grant of any leseehold interest of three yeare or leas not oontaining an option to purchase, Lender may. at I.ender'e option. " - declare all the suma secured by thie Mortgage to be immediately due and payable. I.ender shal) have waived such option tosa~rlerate if, prior } to the sale or transfer, Lender and the pereon to whom the Property is to be sold or tranaferred reach agreement in writing that the credit of snch t person is satiefactory to Lender and that the intereat payable on the suma secured. by this Mortgage ahall be at each rate as I.ender ahall ~ requeat. If i.ender has waived the option to aocelerate provided in this paragraph 17, and if Bonower's aucceasor in inter~t has ~eeuted a written aesumption agreement accepted in writing by Lender, Lenderehall releaeeBorrower from all obligations underthiaMortgageand the ' Note. . If Lender exerciaes such option to accelerate, Lender shall mail Borrower notice of acceleration in aocordance with paragraph 14 hereof. Such notice shall provide a pesiod of not less than 30 daya from the date the notice ia mailed within which Borrowet may pay theaums declared due. If Borrower faile to pay auch suma preor to !he expiration of auch periad, Lender may, without further notice or demand on Eiorrower, ' i ~nvoke any remedies permitted by paragraoh 18 hereof. 18. Acceleration; Remediea Escept as prnvided in paragraph 17 hereof, upon ~Borrower'e breach of aqy covenant or ~ agreement o! Borrower in thie Mortgage, lncluding the ooveaants to pay when due any suma eecured by this blortgage. Lender ~ prior to acceleratioa ehall mail notice to Borrower ae provided in paragrap614 6ereof epecifying; (1) the breac6; (2) t6e action re9uired to cure auch breach; (3) a date, not less than 30 days from tbe date the notice ie mailed to Borrower. by whicb such ; breach must be cured; aud (4) t6at failure to cure such breach oa or before the date specified in the notice may result in ~ acoeleration of the sums eecured by thie Mortgage. foreclosure by judicial prooeeding and eale of the Property. T6e notice ehall ~ further inform Borrower of the right to reinatate aRer aooeteration aad the right to aseert in the foreclosure prooeeding the ~ noa-esisteace of a defauit or any other defenae o! Borrower to acceleration and toreclosure. If the breach is not cured on or before the date epecified in the notice, Lender at I.ender's option may declare all of the suma aecured tiy thie Mortgage to be ~ immediately due and payable without further demand and may forecloee this Mortgage by judicial proceeding. Gender ehall be entitled to oollect in such proceeding atl ezpensea of forectosure, includidg, bui not limited to. reasonable attorney'e feea, and ~ co8ts of documentary evidence. abetracte and title reports. 19. Borrower's Right to Reinetate. Notwithatanding Lender's acceleration of the auma eecared by thie Mortgage, Borrower ahall have ~ the right to have any proceedings begun by Lender to enforce this Mortgage diecontinued at any dme prior to entry of a judgment enforcing ~ this Mortgage if: (a) Bornnwer paye Lender al) eucns which would be then due under this Mortgage, We Note and notea eecurmg Future ~ Advances, if any, had no acceleration occurred; (b) Borrower cures all breachee of any other rnvenanls or agreements of $orrow~ oontained in fhis Mortgage; (c) Bore+ower pays ap reasonable e:penaes incurred by I.ender in enforcing the oovenante and agreements of Borrow~ ~ oontained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 heneof, including, but not limited to, reaeonable attorney's feea; end (d) Borrower takes auch action as Lender may reasonably require to aaeure that the lie~n of thie Mortgage, Lender's interest ~ in the Property and Borrower s obligation Lo pay the euma secure~i by thie Mortgage ahall oontinue unimpaired. Upon snch paymeat and cure = by Borrower, thia Mortgage and the obligationa secured hereby ehaU remain in fiill foroe and effect as if no acceleration hed occurred, t 20. Aseignment of Rente; Appointment of Receiver. Aa additionai eecurity hereunder. Borrower hereby aseigns to Lender the renta ot the Property, provided that Borrower aha11, prior to acceleration under paregraph 18 hereof or abandonmeni of the Property. have the right to collect and retain such rents as they become due and payable. Upon acxeleration under paragraph 18 hereof or ebandonment of the Property, Lender ahall be entitled to have a reoeiver appointed by a oourt to enter.upon. take poseession of and manage Lhe Property and to collect the renta of the Property, including thoee past dne. All rents oollected by the receiver ahell be applied firet to payment of the ooete of management of the Property and collection of rente, includiag~ but not ~ limited to, receiver's fets, premiuma on receiver's bonda and reaxonable attorney'e feea, and then to the auma secared by this Mortgage. The t reoeiver ehall be liable to acoount only for thoee renta actually received. ~ . ~ ~ t~ k ~ ~ $fl~K2'~9 6~09 ~ ~ ~ - . . - . ~ _w.~~_ : ~ _ _ ~ . ~ - _