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Home My WebLink About0900 8. Inspectioa Lender may make o~ cause to be made roa~onable entrie~ opoa and inspectioar of the pn?perty, provided that l.ender ahall give Borrower notice prio~ to any such inspection apecifying reaeonable cau~e thenfot relakd ta Lendei s ialereat in the PropeKy. 9. Condemnwtioa. The proceeds of any award or claim to~ dama~e~. direct o~ con~equential, i~ conaection with any oondemnation or olher taWng oi the property, or part thereof. or [or comeyance in lieu of oondemnation, are hereby aseigned and shaU be paid to I.ender. !n the event of a toLal taking of the Property. the proceeds shall be applied w the aums eecured by this Mortgage, with the eucess, it any. paid to Borr+ower. !n the eve~t o[ a partial taking o[ the Property, unleas Bonower and l.ender otherwise agree in writing, there ahall be applied to the sums secured by this Mortgage auch proportion of the proceeds aa ia equai to that proportioo which the amount of the eums eecured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Properiy immediately prior to the dete of takin8..with the balanca of the proceeds paid to Borrower. I! the Property is abandoned by Borroviter~ o~ if, after notioe by l.ender to Borrov~rer that the oondewnor oPfere to make aa award or ~ettle a claim for dameges, Borrowe~ fails to respond to I.ender within 30 daye after the date such notice ia mailed, Lender ia authorized to collect and apply the prooeeda. at Lender's opbion, either to reatoration or repair of the property or to the swns saured by this Mortgage. Unleas I.ender eu~d Horrower otherwise agree in writing, any such application of p~oceede to principal shall not e:tend or po~tpo~e the due date ot the monthly installmenta relerred to in paragraphs 1 and 2 hereo! or change the emouat of such installmenta. 10. Borrower Not Released. Extension of the lime tor paymant o~ modification of amortization of the eume secured by this Mortgage granted by l.ender to any succesaor in intereat of Borrower shall not operate to releaee, ih any manner. the liability of the original Borrower and 13urrower'a eucceasors in interea~ I.ender ahall not be required to commence proceedinga againet such succeasor or refuae to extend time for payment or othetwise modify amortization of the aume aecured by thia Mortgage by reaaon of any demand made by the original Borrower and E3orrower'a aucceasora in intereet. 11. Forbearanoe by Lender Not a Waiver. Any torbearance by [.ender in exerciaing any right or reroedy hereunder. or otherwise $Pforded by applicable law, shall not be a waiver of or preclude the e:erciee of any euch right or remedy. The procurement of inaurance or the ~ payment of ta:ea or other liens or chargea by Lender shall ~ot be a waiver of I.ender s right to acceterate the maturity of the indebtedn~s aecured by this Mortgage. _ 12. Remedies Cumulative. All remediea provided in this Mortgage are diatinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be e:ercieed coacu:rently, independently or succeasively. 13. 3ucceseors and Aesigne Bound; Joint and 3everal Liability; Captione. The covenant8 end agreements herein contained shall bind, and the righte hernunder ahall inure to, the reapective aucceaeors and aseigns of Lender arid Bortower, eubject to the provieione of - paragraph l? hereoL All covenante and agreemente of Borrower ahall be joint and several. The captions and headinge of the paragraphs of thia Mortgage are for rnvenience only and are not to be ueed to interpret or define the pmvisions hereof. 14. Notice. Eacept for any notice required under applicable law to be given in another qianner, any notice to Borrower provided for in thie Mortgage ahall be given by mailing auch notice by certified mail addreesed to Borrower etthe Property Addreae or at such other addreea aa l3orrower may deeignate by notice to Lender as provided herein, and (b) any notice to Lender ahall be given by certified mail, retuin receipt requeated, to Lender's addrees atated herein or to such other addreae as L.ender may designate by notice to Borrower as provided herein. My notice provided for in thia Mortgage ahall be deemed to have been given to Borrower or I.ender when given in the manner deeignated herein, 15. Uniform Mortgage; Governing I.aw; 3everability. This formofmortgagernmbines uniform oovenanta for national aseand non- uniform rnvenanta with limited variations by juriadiction to conatitute a uniform secwity instrun~ent oovering real property.'[liis Mortgage shali be governed by the law of the jurisdiction in which the Property ia locate~:. In the event that any provieion or clauee of this Mortgage or the Note conflicts with applicable law, auch contlict ahall not aft'ect other provieiona of this Mortgage or the Note which can be given effect without the rnnflicting proviaion, and to thia end the provisiona of the Mortgage and the Note are declared to be eeverable. l6. Borrower'e Copy. Borrower ahall be furniahed a rnnformed copy of the Note and of lhis Mortgage at the [ime of execution or after :ecordation hereof: ?7. 'I~ansfer of t6e Property; Assumption. If all or any part of the Property or an interest therein ie eold or traneferred by Borrower ~vithout I.ender s prior written conaent, excluding (a) the rreation of a lien or encumbrance aubordinate to thia Mortgage, (b) the creation of a purchaae mooey security interest for household appliances. (c) a tranafer by deviae, deecent or by operution of law upon the death of a joint . tenant or (d) the ~rant of any leasehold interest of three years or leas not eontaining an option to purchase. Lender may, at Lender's option, deciare all the sume securea by this Mort~age to be immediately due and payable. Lender ehali have waived auch option to accelerate if, prior to the ~sale or tranafer, Lender and the peraon to whom the Property is to be aold or transferred reach agreement in writing that the credit of such pereon is satisfactory to I.ender and that the interest payabie on the suma secured by this Mortgage shall be at euch rate aa Lender ahal) request. If I.ender has waived the option to accelerate provided in thia paragraph 17, and if Borrower's succeeaor in intereat has eaecuted a ~ written assumption agreement accepted in writing by l.ender, Lender ehall release Borrower from all obligationa under this Mortgage and the r ote. ' If Lender exercisea such option ta accelerate. Lender ahall mail 8orrower notice otacceleration in accordance with paragraph 14 hereof. j Such notice ahall provide a period of not less than 30 days frorn the date the notice is ~r,ailed within which Borrower may pay the aums declared ~ due. lt E3orrower faila ta pay such sums prior W the expiration of such period, Lender may, without further notice or demand on Borrower, z mvoke any remediea permitted by paragraoh 18 hereof. ; 18. Acceleration; Remedies. Ezcept as provided in paragraph 17 hereof. upon Borrower'e breach ot any oovenent or ~ agreement ot Borrower in thia Mortgage. including the oovenante to pay when due any sums aecured by thie Mortgage. Gender ~ prior to acceleration ahall meil notice to Borrower as provided in paragraph 14 hereotspecifying: (1) the breac6; (2) the actioa ~ required to cure such breach; (3) a date. not lese than 30 days from the date the notice ie mailed to Borrower. by which euc6 ~ breach muat be cnred; end (4) that failure to cure such breach on or betore the dete epecified in the notice may reeult in ~ acceleration of the euma serured by thie Mortgage. foreclosure by judicial pro~~eeding and eale of the Property. The notice sha11 further inform Borrower of the right to reinatate after acceleration and the right to aesert in the foreclosure proceeding the ° non-eziatence.of a detault or any other detenae ot Borrower to aoceleration and forecloeure. It the breach ie not cured on or before the date epecified in the notice, Lender at Lender's option may declare all of the eume eecured by this Mortgage to be immediately due and payable without further demend and may foreclose thia Mortgage by judicial proceediog. Lender shall be ~~ntitled to collect in auch proceeding al l e:penses ot foreclosure. including. but not limited to. reasonable ettorney's feea. and costs of documentary evidence. abstracte and title reporta. 19. Borrower's Right to Reinetate. Notwithstanding Lender's accelerationoftheeumseecured by thie Mortgage, Borrowershall have ~ the right to have any pra.~eedinga begun by Lender to enforce thia Mortgage diecontinued at any time prior to entry of a judgment enforcing ~ thia Mortgage if: (a) Borrower pays Lender all suma which would be then due under thie Mortgege, the Note and notes securing Future ~ Advances, if any, had no acceleration occurred: (b) Borrower cures all breaches of any other coveaanta or agreemenis of Borrower contained in ~ thie Mortgage; (c) Borrower paye all reasonable expenaes incurred by I.ender in enforcing the covenaats and agreements of Boaower ~ contained in thie Mortgaqe and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, bnt not limited to, reasonable ~ attorney'e fees; and Id) Borrower takea such aMion ae Lender may resaonably require to aeaure that the lien of thia Mortgage, Lender'e interest ~ in the Property and Borrower'a obligation tb pay the auma secured by thie Mortgage ahall rnntinue unimpaired. Upon such payment and cure by Borrower, this Mortqage and the obligations aecured hernby ehali remain in full fome and effect ae it no acceleration had occurred. 20. Aeaignment of Renta; Appointment of Receiver. As additional eecurity hereunder, Borrower hereby aeaigne to Lender the rente ~ of the Property, provided that Borrower shall, prior to acceleration under paragtaph 18 hereof or abandonment of the Property, have the right _ to collect and retain such renta as they become due and payable_ ! = Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender ehall be entitled to have a receiver appointed by a ~ court to enterapon, take poasesaion of and manage the Property and to collect the rents o[ the Property, including thoee paet due. All rente ~ collected by the receiver shall be applied first to payment of the coata of management of the Property and collection of rente. induding, but not ~ limited to, receiver e feee, prnmiuma on receiver's bonda and reasonable attomey's fees, and then to the aums eecured by thia Mortgage. The ~ receiver ahaU be liable to acoount only for those rente aMually received. ' ~ ~ - ~ ~ti ~ ~ gGJK ~ FM~f c~ ~ ~ ~ _ . _ _ ~ , ~ ~-~~r - - : - ~ ~ ~ , , _ ~x'~ ' - a - . .._d ~g_ _