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Home My WebLink About0249 1 . ~ ~ ' , ~ ~ 8. Itupection. Lender tnay meke or cawe to be me?de ~waable eatcies upoa tad ias~ections oithe pmperty. ~ovided Wat Lsndsr shall give Borrow~ notioe prior to any such uupection ~Pecifyia6 reasonabli cea~s tbesefae selaUd to Lender'~ inter~t in the Prope~j?. i 8. Coademaatloa.'l~e procesda otany aMerd or clsim fo~ dama~e~. direct or oon~equeritial. in oonnectiop with eny oonde~anatioa or ~ other tskin~ of We property, or pert theteot. or for rnnveyanca in lieu oi oondemnation. ars hereby s~ned aad shaU be paid to Leader. ! In the event of s total taking o[ the Property, the pmceeals ~hal! be appUed b We sum~ aecured by ~hi~ Mort~a~e, with the esoen, if auy, ~ paid to Borrower. Ia the event of a partial taking of the Pe~opesty. nnlea Borrowes and I.eAder otheswias a~ebe in writin~, there ahall be t applied to ths ~ums ~red by thi~ Mort~a~e such aroportion of the prooeed~ as u equal b that proportion which the amount o! the suau ~ ee~.vred by thi~ MortgaQe immediat,ely prior to tbe data oi takinQ besrs b the fair market value oithe Propsrty iaunediately prior Lo the date of } taking. witb the balanoa of We procaed~ paid to Borrowes. . ~ If the Pcoperty i~ abandoned Dy Bo~rt~o~rer. or i!, aR~er notioe by I.end~ to Borro~ver that We oondemnor ogetr to make sa award or ~ettk s t , claim for dama~ea. Borrowe~ fails b reopond to Lender withia 30 day~ atter We dats ~uch notice is meiled, Lender u autborir~ed t~o oolled snd apply the prooeeds. at Lender'~ optioa. eith~ b re~toration or repair of the p~roperty ~ b the eucos ~ecured by thi~ Mo~eQe. ~ Unle~s Leader and Horrower oWenvi~e esree in writing. aay suc6 applicatioa of proceeds to principel ehall aot e~ctend a postpoae tbe due date of the monthiy installmenta nf~e~ed to in paraQraplu 1 and 2 hereof os chaa~e We amount oi auch instalimenta. 10. Borrower Not Relea~ed. Euce~,sion of che ame for paymaas or modi6caaon of amorciaaeon of ehe suma secund by chia Mort~e~e ' granted by Lender to any suooeasor in intenst of Borrower ahaU not operate b release, ia any manner. the liability of We original Bor~ovver and Borrower's. suoceeson in inter~i Lender shall not be required b oommeace proeeedings against such auoces~or or sefuse to e~ctend time for payment or otherwise modify amortization of the sums savred by this Mortgage by reason of any demand made by theoriQinal Bo:rowa and Borrowe~'s aucc~e+saors in interest. 11. Forbearanoe by Lender Not a Waiver. Any forbearance by I.ende: in ~enadng aay right or remedy herenndes. or otherwi~e aPforded by applicabk law. shall pot be a waiver of or preclude the ~ercise of any snch right or remedy. 7Ue procurement of ineuranoe or the ~ payment of tazes or other lieas or charges by I.~der shall not be a waive! of Lender'e right to aooelerate the maturity of the indebt~edne~s ~ eecured by this Mortgage. . ~ 12 Itemedie~ Cumulstive. All remedies ~ovided in this Mortgage are diatinct and cnmulative to any other right ~ remedy nnd~ this Mortgage or affotded by law or equity. and may be ~aciee~l ooncurrendy. indep~dendy or anooesaivdy. ` 13. 3nooeswrs and Asoi~tu Bonnd: Joint aad Several I.iabillty; Capdon~. The covenanta and agreem~ta herein oontained shall bind, and the rights hereunder shall inure to, the napective suoceswrs snd asaigiu of La~der and Borrower. anbject to We proviaions of paragraph 17 hee~eoL All oovenants and agreements of Borrowez shall be joint and eeveral. The captioae and hee~dings of the paragraphs of this Mortgage are for covenienoe only and are not b be used Lo interpnt or define the provesions hereof. 14. Notice. Except for any notice required under applicable law b be given in another manner, (e) any notice to Borrower provided for in i this Mortgage shaU be given by mailing auch notioe by certi5ed mail addreseed to Borrower at the Property Addreas or at auch other addnes as ~ Borrower may deaignate by notiae to Lender as provided herein, and (b) any notice to Lendet shaU be given by oe~ified mail, retum receipt requested, to Lender e addreea stated herein or to anch oth~ addreas as Lender may designate by notioe to Borrowez as provided hezein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when givtn in the manner designated h~n. 15. Uniform Mortgage; Governing I.aw; 3everabtlitp.'14iia form of moiigage rnmbinea uniform aoveaanta for national use and non- ~ uniform eovenante with limited variationa by juriediclion to oonstitute a uniform security instniment auvering real property. T6ie Mortgage ~ shall be governed by the law+ of the juriadiction in which the Property ia located. In the event that any proviaion ot clause of this Mortgage or the Note contlicta with applicable 1aw, auch oontliM ahall not effect oth~ ptoviaions of this Mortgsge or the Note which can be given effect . without the oonflicting pmviaion, and to thia end the pmviaione of the Mortgage and the Note are declared to be aeverable. ` ; 16. Borrower'8 Copy. Borrower shall be furniehed a conformed oopy of the Note and of this Mortgage at the time of esecution or after recordation hereof. - 17.11ranefer of the Property; Assnmption. U all or any part of the Property or an interes! Weiein ia sold or tranaferred by Botrower without I.ende~a prior written conaent, e:cluding (a) the creation of a lien or encumbtance anbordinate to thia Mortgage, (b) the creation of a purchaee money eecurity intereat for hoasehoW appliancee, (c) a transfer by devise, deeoent or by ope~ation of law npon the death of a joint tenant or (d) the 8rant of any leaeehold intereet of thres yeare or lees not oontaining an option to purchase. Lender may, at I.endei a option. declare all the aume aecureu by this Mortgege to be immediately due and payable_ Lendez shall have wraived such optioa to accelerate if, prior ~ to the sale or transfer, I.ender and the pereon to whom the Property ia to be eold or tranaferred reach agreement in writing that the credit of such = pereon is aatiefactory to I.ender and that the inter~t payable on the aums secured by thia Mortgage shall be at such rate as I.ender ahall ; request. If L.erder has waived the option to aooelerate provided in thia paragraph 17, and~if Borrowei a auoceeaor in intereet haa racecuted a ~ i written asa~mpdon agreement accepted in writing by Lender, Lender ahall releaee Borrower trom aU obligationa underthia Mortgage and the ~ i Note. . i If Lender eaercisea euch option to accelerate, Lender shall mail Borrower notice of acceleration in sooordance with paragraph 14 hereoL : ' Such notice ahsll provide a period of not leas than 30 daya from the date the notice ia mailed within which Borrower may pay the aums declared ' ! due. If Borrower fails to a auch sums t p y prior to the expiration of ~uch period, Lende~r may, without further notice or demand on Borrower. mvoke any remedies permitted by paragraoh 18 hereof. ~ 18. Aoceleration; Remedies. Escept as provided ia paragraph 17 hereof, upon Borrower'e breach of any oovenant or ~ agreement of Borrower in this Mortgage, inclnding t6e oovenante to pay when due any enms secured by this ~dortgage, Leade~r j prior to aoceleration shall mail notice to Borrower ae provided in paragraph 14 hereof specifying. (1) the breach; (2) the action i required to cure wcb breach; (3) a date, not leee than 30 days trom the date the notice is mailed to Borrower, by w6ich sach I breach muat be cared; and (4) that failure to cnre euch breach on or before the date tpecified in the notice may result in ~ acoeleretion of t6e eums eecured by this Mortgege, toreclosure by judlcial prooeeding and sale of W e Property. The notice ahall ~ further inform Borrower of t6e right to reinstate aRer aooeleration ead the ri~ht to aeeert in the foreclosure pro~eeding the ~ non-e:iatence o! a default or any other detenae of Borrower to acceleration and foreclosure. If the breach is not cured_on or • ~ before the date epecified in the notice, Lender at I.ender'e option may declare all of the sume secured by this Mortgage to be ~ immediately due and payable without further demand and may foreclose thie Mortgn~e by judicial proceeding. Lender s6a11 be ~ entitled to collect in such pr~x,~eediirg ell e:penses of foreclosure. including, b~t not limited to, reasonable attorney's (ees, and : coate of documentary evidence, abstracte and title reporta. ~ 19. Borrower's Right ta Reinsfste. Notwithstanding Lendei a acceleration of the sama secured by thia Mortgege, Borrower shall have ~ the right to have any proceedinge begun by L.ender to enforce this Mortgage diecontinued at any time prior to entry of a judgment enforcing a thie Mortgage if: (a) Borrower paya Lender all eums which would be then due under this Mortgege. the Note and notea secvring Future ~ Advances, if any. had no aoceleration oocurred; (b) Borrower cnres all breaches of any other oovenants or agreementa of Borrower contained in thia Mortgage; (c) Borrower paye all reaeonable ~peneee incurred by Lender in enforring the oovenants and agreements of Borrower ~ oontained in. thia Mortgage and in enforcing Lender's remedies as provided in paragrap618 hereof, inclnding, but not limited.to, reaeonable ~ r attomey's feea: and (d) Borrower tahes euch ection ae Lender may r+easonebly reqnire to assan that the lien of thia Mortgage, Lender e in4rest • i in the Property and Borrower'e obligation to pay the eume eecured by this Mortgage ahell oontinue unimpaired. Upon euch payment end cure ~ by Borrower, this Mortgage and the obligatione serured hereby ehall remain in full force and effect aa it no aoceleratioa had oocuired. , 20. Assigament of Renta; Appoiattnent of Receiver. Ae additional eecurity her~eunder, Borrower hereby seaigas to Lender tbe rents ~ of the Property, provided that Borrower ahall, prior to aoceleration under paragraph 18 hereof or abandonment of the Property. have We right to collect and retain auch rents as they become due and payable. ; Upon acoeleration nndrr paragraph 18 hezeof or abandonment of the Property, Leader ahall be entided to heve a receiver appointed by a ~ oourt to enter-npon, take posseasion of and manage the Proper~y and to coAect the renta of the Property, including those past due. A11 renta ~ ooUected by the recriver ahall be applied fuat to payment of the ooses of managemen! of the Propezty and oollection of rente. including, bnt not ; limited to. receiver's feea, premiume on receiver'a bonda end reasonable attomey's feee, and then to the same secured by this Mortgage: The > receiver ehall be liable to acoount only for thoee renta aMuaily received. , z ~ ~ ~ ! Z ~ BOOK JUz FACE z~ ~ s > T. ~ ~ z~~~ wtS'~~~m`~. r -T.C ~ .r . . . . g~y~,,~'~~~f E~,..~.. , . . . z _ _ ~ ~-~''ae..; _ „ i