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Home My WebLink About0923 8. ln~pe~tloa. LeAder tnay m~ks or cauas b bs made t~e~wnabl~ ~nt~s upoa ~nd it~pectioru of the pmperty. Grovided that Iender ~ha11 give Hor~o~ver notica prior ~o aay such i~upection specifyins re~uonable cauN @~nio~ relsted b I~ender'~ inte~t in the Propsrty. ~ 9. Coadenwwtbn.'!Ue prooeeds of uiY awud or claim for dame~es. dirert o~ oo~uequeati~l. ia conaection with any oondanaatior or + othe~ takins of t!~ propsrty. o: psrt th~reoi~ or fos conwyanoe in lieu of oondaanation. ars henby sa~l~ued aad ahaU bs paid to Lender. ~ Ia the event of a total takin~ oi We PropertY. the procasd~ ~haU be spp4ed b the suau ~ecurad by thi~ Mort~a~a ~?i~h tM u~. ii~ay. ~ paid to Borrower. In tlre eveat ot a pRrtial takin~ ot the ProperRj?. unlas BoROwer and I.e~der otl~erwi~s a~es in writin~. tbere shaU be ~ applied to the rum~ ~scured by thi~ Mosts~e anch p~opo~ion ot the proossd~ ~a ia equal b that pmpation which We amoaat ot the ~uau 4 secured by thii Moct~a~e immediately p~ior to the d~te ot talun~ bsan to the fuir market valae oithe Property immediately prior to the date ot ; tsking, witb the balano+ ot the procsed~ p~id b Borrower. . : If the Propesty u abandoned bY Bon+o~r. ot ii. atter notioe bY Lendar to Borrower tlut ths coademaor otrer~ b make aa awud or ~ettle a ~ cleim for dama~e~. Bo~rower t~ils to rerpoad b I,ead~s within 90 day~ alt~ We date ~ucb aotice u mailed. Lenda~ i~ aut~wrised to ooUect u?d ; apply the prooeeds. at Lendee'~ option. eitlrer ~o re~br~tion a~ sepair ot th~ property or to ihe ~um~ ~ecwred bY thi~ Mozt~~e. ~ Uales~ Lsi?der and Borrowror otherwi~s s~ree in writin~. any such apQlication of peooeed~ to ptincipal ~hall not e:tead a~ postpone the due j date of the moathly iastallmen4 referred ~o ie pua~raplu 1 aad Z henoi or chen~e the aawnnt of ~uch in~talimenta. ~ 10. Borrowrer Not Released. S:ten~ion of the time for paymsnt or modificatioa of amortisation oi tbe suma ~ecured by thia Mort~e~e • granted by La?der b any euocessor in interest oi Borrower ~hall not operate to relea~e. in any manaer. the tiability oi the original Borrower i and Borrowes'a sueceswra in interesl. Lender shall ao! be reqnired eo o~mmeaoe proc~eedin~s again~t such auoce~wr os refuse to extend time = for payment or othavrise modity emortisation oI the sums secured by this Mortgage by rea~o~ of any demand mede by the originel Borrower ~ and Borrower s succ~~or~ ia inierest. ~ 11. Rorbaarwnce by Lender Not w Wsiver. Any forbearanos by Lender in ese~rcisinB,any ri~ht ~ remedy herewid~, or otherwiis at'forded by applicable 1Rw. ~hall aot be a waiver of or preclude the esercise of any such ri~ht or remedy. The procurem~t of uuaranae or We ~ payment of taze~ or othe: lien~ or chuBe~ by Lender shall not be a waiver of l.ender'~ right to aooelesate the matarity of the indebtednew eecured by this Mort~age. - ~ 12 Remedie~ Cumnlative. All remediea provided in this Mastgage are distinct and cvmulstive to eay other right or nmedy nnder t!?ia ~ Mortg~ge ~ aiforded by law or eqnity. and mW? bs ezerci~e~l ouncurrendY. indePendendy or snooe~sively. 13. Suooesson aud A~sjpu Bound; Joint and Several I.iabUity; Caption~. The covenants ar_~ agseements herein aontained ahall ~ bind, aad the rights hereuad~ shall innre to, We nspective suoaaor~ snd a~na ot Lender end Borrower. ~ubject to t?u~ provisioru of ; paregraph 1? herao~ All oovenents and agreemeAta of Borrower ehall be ioint and ~eve:al.'1Le ceptions and headings of the paregraplu of i this Mortgage are i~ rnvenienoe only and are not to be used b interpret or de5ae the pn?viaioru heraof. ' 14. Notice. Eacept foT any notice required under applicable law to be given in another manner. (e) any notice to Borrower provided for ia this Mortgage shall be given by mailing snch notice by oertified mail addressed to ~at1~ Property Address or at snch other addrew as f Borrower may designate by notice b Lender a~ provided herein. and (b) any no4~x t~fi~e+~~ il~W be given by oerti5ed mail. return reoeiPt ~ requeated, w Lender s address atated herein or b such other addnss as Lendrr may dcsignate by aotioe to Borrower aa provided herein. Any ~ notice provided for in this Mortgage shall be deemed to have beea given to Borrower or Lender when given in the manner deagaeted he~in. , 15. Uniform Nort~s~e; Goverain~ Law; SeverabiUtp. This form of mortgage oombiaes uniform oovenaats for aational u~e and non• ~ uniform coveaants with limited variations by jarisdiction to oonatitute a nniform securiLy instnw~ent o~vering real prope~ty. This Mortgege ` shall be governed by !he law of the juriadiction in which the Property is located. In the event that any provision or clanse of this Morfgege or ~ the Note conilicta with applicable law, such oontlict eha11 not affect other pmvisions of this Mortgage or the Note which can be giv~ eKect ~ without the oonilicting proviaioa, and to this end the provisiona of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be. furni~hed a oon[ormed oopy of the Note and of this Mortgage at We time of euecution or afier ' recordation hezr.wf. 17. 'Iyransfer ot the Property; Assumptioa. If all ~ any part of the PropertY or an interat thenin ie sold or transfesred by Borrower without I.ender's prior w~ritten consent, acluding (a) the creation of a Gen or encvmbrance suboedinete to this Mortgage, (b) the creation of a purchnse money eecurity interest for househoM appliene.eb, (e) a tranefer by devise, descent or by operatioa of law upon the death of a joint ; tenant or (d) the grant of eny leasehold intrrest of Wree years or less not oontaining an option b purchase. I.endez.may, at I.ender s option. ~ declare all the sume securea by thia Mortgage to be unmediately due and peyable. Lender shall have waived such option b aooelerate if~ prior § to the sale or cransfer, Lender and the person to whom the Property ia to be aold or tranaferred reach sgreement in writing that the credit of such ~ person is setiefactory to Lender and that the interest payable on the sums secured by this Mortgage ehall be at such rate as Leader shall 3 request_ If Lender hae waived the option to aocelerate provided in thia paragraph 17, and if Bormwe~s suoceesor in interest has e~cecvted a ~ written assumption egrcement eccepted in writing by Lender, Lender shall release Borrowet from all obligatione under thia Mortgage and the ~ Note. ~ ~ If Lender esercises snch option to aocelerate, Lender ahall mail Borrower notice of eoceleration in sooordance with paragraph 14 hereoL i Such notice ehall provide a period of not less than 30 daya from the date the notice ia mailed within which Borrower may pay the auma declared ~ ` due. It Borrow~ faila to pay such auma prior to the expiration of euch period, Lender may, without fnrther notice or demand on Horrower, ~ f ~nvoke any remediea permitted by paragraoh 18 hereof. ~ ~ 18. Aoceleration; Remedtes. E:cept as pmvided in paregrap6 17 hereof. apon Borrower'~ breacb of any oovenant or ~ € agreemeat ot Borrower in this Mortgage, including the oovenants to pay w6en dne any wms secured by thia Mort~a~e, I.ender ' ~ prior to acceleration shall mail aotice to Borrow?er as provided in para~raph 14 6ereof specityin~ ( l) the breach; (2) the action g ~ required to cure euch breach; (3) a date, oot leas t6an 30 days trom the date t6e notloe i~ mailed W Borrower. bp wrhich ~nch E breach must be cured; and (4) that failure to cure such breach on or betore Lhe date specified in the notioe mq`? rewlt ia ; acoeleration of the sums secured by thta Mortaage, foreclosure by jndicial prooeeding and sale of the Property. The notice ~hall ; turther intorm Borrower of the ri~ht to reinatate aRer aoceleration and t6e ri~ht to awert In the foreclosure proceedin~ t6e ~ non-e:istence of a default or any ot6er detense ot Borrower to aoceleradon snd foreclowre. lf t6e breach i~ not cured on or. ~ beEore the date specitied in t6e notice. I.ender at I.ender'e option may deelare all oi t6e sums secured by thL 1Kortga~e to be ~ ~ i mmediately due and payable w[thout turther demand and may toreclase this 1lort~a~e by judicial pmc~eeding. Lender shall be ~ ~ entitled to oollect in such proceeding al! ezpeoaea of foreclosure. including, but not limited to, reasonable attoraey's tees, end 3 costs ot documentary evideaoe. abstracts aad title reports. ~ 19. Borrowet's Rtght to Reinstate. Not~rithatanding Lende~s aoceleration of the sums secured by this Mortgage, Bonower shall have ~ the right to have any prooeedinge begun by Lender to eaforce ihia Mortgage disoontinued at any time prior to entry of a judgmeat enforcing ~ this Mortgage if: (a) Borrower pays I.ender a11 auroa which would be then due under this Mortgage. the Note and notea eecnring I~ture Advances, if any, had no aoceleration «xvrred; (b) Bon~ower cures all breachee of any other oovenanta or aQreements of Borrower oonteined in ~ this Mortgege; (c) Borrower paye all reseonable e:penses incurred by Lender in enforcing the oovenants aad agreemenL of Borrowrez oontained in this Mortgage and in enforcing Lender's remedies es pmvided in paragraph 18 hereof, including, but aot limited W, rn.awnabla ~ s attorney s fees; and (d) Borrower takes such action es Lender may reaaonably require to assure that the liea of this Mortgage. I.ender's intered _ in the Property and Borrower's obligation to pay the euma secnred by this Mortgage shall continue unimpaired. Upon such payment and care ~ by Borrowe'. this Mortgage and the obligations aecured hereby shall remain in fiill force and effect as if no acceleration had occurred. - E ~ 20. A~sitnment of Renta; Appointment ot Receiver. As additional eecurity hereunder, Borrower hereby asaigna to I.enda tbe renta ~ g of the Property, provided that Fiorrower shall, prior to aacelezation under paragreph I S hereof or absndonment of the Property. have !he right ~ to collect end retain such reats as they become due aad payable. : ~ Upon acoeleration nnder paregraph 18 hereof or abandonment of the Property, Lender ehall be entided to have a teceiver appointed by a ~ ooart to enterLpon, take possesaion of and manage the Propetty aad to oollect the rents of the Property, including those past dne. All renb ~ ooUected by the receiver ahall be applied fust to payment of the oosts of management of the Property and oollection btrents, inclnding, bnt aot lunited to, receiver's fees, prtmiwna on receiver's bonds and reasonable attomey's fces, and then to the suma secured by this Mortgage. The i ~ receiver rhall be liable to aooount only for thoee rents actually received. ~ ; i ~ ~ ~ OD ~ ~ ; Bt;(U(~ p~ ~ ~ t ' ~ ~ { ~ ~ - ~ - ' _ w. ~ ~~c - ~ ;~~.~~R~:~