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Home My WebLink About0161 . ~ . ~ ~ 8. Ia~pection. Lender may make or ceuae to bs made re~aoaaWe eatria upon end in~pectioaa of the ro ~ Qive Borrowe~ notice pcior to any ~uch uu on D P~Y. Dmvided tl~at Lsader ahall ~ P~ N~6ri~ e~eawnable caws theref~ related to I.iad~'~ iaeere~t 1q We ProPe*t3?• ~ 9. Condemn~tioA.'1lte pcooeed~ of any award or claim for dams~es. dieect or oo~uequential, ip con~aecqon wiy~ ~py pndeinaatioa or othet takinQ of the propsrt,y. ~ put thee+eof. or for oonveyu?ca in liea oi eoAdea~nation~ are heraby e~sianed and ahall be paid to Leader. In Wo eveat of a btal takin~ of the Property~ the pmeeed~ ~haU be applied to the ~uau ~ecured by this Mort~aje„ ~vith the eios~. if aqy. paid to Borrower. In the eveat of a partial takinQ of the Propssty. unlew BorrQ~ver and Lender other~vise aQree ia ~veitin~. Wers ~hall bs applied to the wu~ ~scured by thi~ Mort~a~e auch ~opostion ot the proceed~ as i~ equal to that propo~tion which the emouat ot tbe ~um~ ~scured by thu M~aQe immediately p~ior to We date of takin~ hean b the tair masket value of tbe Propetty immediately prior b the date ot tatinB. wiW the baleuroa ot the proosed~ paid to Borro~rer. , If the Property u ebsndoned by Bosrower, or if. sRer notioe by Lender b Borrower that the oondemao: oger~ to make sa a~rard or ~ettle a ~ claim for damege~, Bormwer faiL~ to respond to Leader Mrithia 30 day~ aRes the date euch aotica u mailed, Leade~ is antborised to ooliect u?d aPP~V ~s prooeed~. at Lender'~ optioa. either to rertoration or repair of the property or to the ~uma secured by this M~rt~a~e. ` Ualess I.euder and Bormwer oth~vi~e a~nie in ~rriting~ any such application oiproceed~ to princapai ~haU riot extend or pwtpone We due ; date of We moathly instaUments referred to in pare~raphs 1 aad 2 hereof or change the amoant of auch inatallments. 10. Borrower Not Released. Facteneioo of the time for p~ym:nt or alodification of amortisation of the sums secured by thia Mortgage granted by Lender to any auocessor in intereat of Borrower ahall not operate b releaie. ia any manner. the liability oithe original Borrow~ ~ and Borroarer'a succ~esson in interest I.ender shall not be reqnired to oommenoe proceedinga agaiast auch suoo~sor or refuse to e:tead time for payment or othenvise modify amortisation of the sums secured by this Mortgage by reason of any demand made by the osiginal Boaower ; and.Borrower e auocessors in interest. 11. Forbearanoe by Lender Not s Risiver. My forbe~rance by Lendar in euercising aay r'sQht o: nmec~y hereuader. or otberwi~e st~orded by applicable law. shall aot be a waiver of or preclude the ~ercise of eny snch right or remedy.'t~?e procurement of insaranoe or the paymeat of taxes or oWer liens or chargea by L,ender ahall not be a waiver of Lende~s right to aooelerate the maturity of the indebtedne~s eecund by thi~ Mortgage. - 12 Remedie~ Cum~tlative. All remcdies pmvided in thia Mortgage are distinct aad cumnlative to any other right or remedy ander this Mortgage or ai~'orded by law or equity. and may be eserrisai ooncnrrcnUy. independendy or suaoeaaivcly. 13. Suooessors end Arsi~us Boand; Joint and Several I.iabillEy: Captbn~. The oovenants and agreements hemin~ountained ahall bind, and We righb herennder ahall inun to, the respective auocesson and aisigas of I.ender aad Borrower, subject to the provisions of ~ paragraph 17 hereof. All oovenants and sgreemeata of Borrower rhall be joint and savaal. The captiona and headings oi the paragraphs of ~ thia Mortgege are f~ rnvenience only and are not to be wed to interpret or define the provisions henof. 14. Notice. E:cept for any notioe required under applicable lew to be given ia enoth~ manner, (a) any notice to Borrowez provided for in ~ thia Mortgage ahall be given by mailing auch notice by certi8ed msil addressed to Bormwer at the Property Address or at such olher address as Borrower may designate by notioe to Lender aa provided herein, and (b) any aotioe to I.ender ahall be given by certified mail, retuin reoeipt ~ requeased, to I.end~'s addreee stated herein or to such other addreas aa Lender may d~ignate by notice to Borrower as provided herein. My ~ notice provided for in this Mortgege shall be deemed to have been given to Borrower or Lender when given in We manaer designated herein. ~ 15. Unlform Yortgage; Governing Law; 3everability.l~is form of mortgage oombines uniform aovenants for natioaal use and non- uniform rnvenants with limited variationa by jnrisdittion to oouatitute a unii'orm eecurity instrument oovering real proprrty,'lbis Mortgage i ahall be governed by the law of the juriediction in which the Property ia located. In the event that any proviaion or claaee of this Morfgage or f che Note eonilicts with appGcable law, snch ooaflict ahall not affect other proviaions of this Mortgage or the Note which can be given eHect i without the contlicting proviaion. and to thie end the provisiona of the Mortgage and the Note are dedared to be eeverable. 16. Borrower's Copy. Borrower ehall be furnished a oonformed oopy of the Note and of this Mortgage at the time of ~ecntion or aRer recordation hereof. - 17.'lyransfer ot the Property; Assumption. If all or any pa~t of the Property or an intereat therein is eold or tranafernd by Borrower without Lendei a prior written consent, ~cluding (a) the creation of a lien or encuAnbrance eubordiaate b this Mortgage, (b) the creation of a ~ purchaee money sec~rity intereet for houeehold appUanoed, (c) a tranafer by devise, deacent or by operatioa of law upon the death of a joint tenant or (d) the grant of any leaeehold intereat of three years or leee not oontaining an option to purchaee, Lender may, at I.endefs option. - z declare all the auma eecured by thia Mortgage to be immediately due and payable. I.eader shall have wa.ived auch option to aooelerate if. prior = to,the sale or tranefer, Lender and the pe~son to whom the Property ia to be aoW or tranaferred reach agree~nent in writing that the credit otaach peraon is satiafactory to I.ender and that the intereat payable on the aums eecured by thie Mortgage shall be at such rate aa Lender ahall ~ request. If Lender has waived the option to socel~ate pmvided in thia paragraph 1T. and if Borrowe~a auoceaeor in interest 6as ezetuted 8 } written seaumption agreeq~ent aooepted in writing by Lender. Lender shall release Borrowa from all obligationa under thi8 Mortgage and the ~ Note. ! If Lender exerciaea euch option to accelerate. I.ender shall mail Borrower notice of acceleration in aooordance with paragraph 14 hereoL ~ Such notice ahall provide a period of not le8a than 30 daya from the date the notice ia mailed within which Borrower may pay the sume declared due. If Borrower faile to pay auch aums prior to the e:p"uation of such prriod, Lender may, without further notice or demand on Borrower~ invoke any reinedies permitted by paragranh 18 hereof. . 18. Acceleration; Remedies. E:cept as provided in paragraph 17 hereof, npon Borrower'a breach of any oovensat or ~ agreement ot Borrower in this Nortgage. including the oovenants to pa,y when due an,y sums secured by thie Mortgage, Lender ~ prior to aoceleration ehall mait notice to Borrower as provided in paragraph 14 6ereof epecitying: (1) the breach; (2) the adion rWyired to cure auch breach; (3) a date, not less than 30 days !Mm the date We notice is maited to Borrower. b3r which such q breach must be cnred; and (4) t6at fsilure to cure auch breach on or before the date Bpecified in the notice may result in t acceleration of the sums secured by thia Mortgage, foreclosure by judicial proceeding and sale of the Property. Tbe notice ahall ~ furt6er inform Borrower of the right b reinstate atter acceleration and the ri~ht to aseert in the foreclosure procceding the non-ezistence ot a default or any other defenee oE Borrower to aoceleration and [oreclosure. If t6e breach is not cured on or ~ before the date epecified in t6e notice, I.ender at Lender'e option may declere all of the snms secured by this Mortgage to be - ~ immediately due and payable wit6out further demand and may forecloae this Mortgage by judicial proceeding. Lender shall be entitled to rnllect in auch prooeeding all ezpenees of toreclosure, including, but not limited to, reaeonable attorney'e fees, end d coate of documentary evidence, abetracts and title reports. ~ 19. Borrower'e Right to Reinstate. Notvrithetanding Lender's acceleration of the sume secured by this Mortgege, Borrower ahall have ; the right tcj have any prooeedinge begun by Lender to enforce thia Mortgage diacontinued at any time prior to eatry of a judgment enforcing ~ d this Mortgage if: (a) Borrower pays Lender all eume which would be then due under this Mortgage, the Note and notes eecaring fi~ture ? ~ Advancee, it any, had no acceleration occarred; (b) Borrower cvree all breac~es of any other covenanta or agreemente of Bortower contained in $ ~ thie Mortgage; (c) Borrower paye al) reaeonable eupenses incurred by I.ender in enforcing the oovenants and egreements of Borrower aontained in this Moztgage and in enforcing L.ender's remedies aa provided in paragraph 18 hereof, inclading. bnt not limited to. reasonable ° ~ attorney's feee; and (d) BorroWrer takee snch action ae I.ender may reaeonably requin to asaure that the lien of thie Mortgage, Lend~'e interest , ~ in the Property and Borrower's obligation to pay the aume secured by thia Mortgage ahall oontinue unimpaired. Upon euch paymeat and cnre ~ by Borrower, thia Mortgage and the obligations eecared hereby ahall remain in full force and effect as if no acceleration had oocurred. ' 20. A,si~nment of Rente; Appointment of Receiver. Ae additional security hereunder, Borrower hereby seeigns to Lender We reata ~ of the Propeity, pmvided that Borrower shall, prior to aooeleration under paragraph 18 hereof or abandonment of t6e Property. have the right ~ to collert and retain euch rents as they become due and payable. . ~ ; Upon aoceleration under paragraph 18 hereof or abandonment of the Property, L.ender ehall be entided to have a receiver appointed by a ' § oourt to enter~upon, take poeeeasion of and manage the Property and to collect the rente of the Property, including thoee past due. All renta ~ aollected by the zeceiver ahall be applied firat to pay~nent of the ooets of management of the Property and coUection of rents, inclading, bnt not ~ limited to, reoeiver's fees, premiume on receiver's bonda" and reasonable attomey'e fees, and then to the aume setured by this Mortgage. The ~ reoe;ver ehall be liable to aoo~unt only far those rents actually received. ~ ~ , r ~ r ~ socK ~Z PaCE 16 € ~ ~ '1 ' . ~ ,.,w~~_ rg ~ - " ~Y~~,.; _ , : _ s ~