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Home My WebLink About0253 Y ~ 8. lA~pection. I.eader may make or cau~e to bs made rsuonabb eatria upoa aaJ iaspectiow of tDe pcoprr~y, providd Wat Leades ~hall ; give Borm.ve~ notice prior to any ~uch inapection specifyin~ reeuonable caua~ therefa related to Lender'~ intere~t in the Prope:ty. ` 8. Condoma~doo.'lUe proceed~ of aay award or claim for damaQes, direct or ootuequentisl. in connection Mritl~ any oondaaaation or i othes ta~ of tl~e propert,y, or part thereof, or for conveyanoe ia Geu of oondemaation. are hersby a~si~?ed and ~hall bs paid b I.ender. ~ ~ In the event of a total taki~ of the Propsrty. the procesds shatl bs applied to the ~um~ ~ecured by this Mort~a~e, ~viW Ws esoaN, if anp, 1, paid to Borro.rer. Ia the svent o! e psrtial takin~ oi the Propec~y. wnlen Bore~o.ver end Lender otherwi~s a~cee in w~citius~ there shall bs ~ applied to the sum~ secured by tl~i~ Mort~~e sucl~ propo~ion of the proeeed~ as iu equal to that propo~ioa ~rluch the amount o[ We ~um~ eecured by thi~ Mort~aQe immedistely ptior b We dste of taking beare to fhe fair markd value of We Property itnmediataly prior b the date ot i telui~S. with the balwnoa of the pebceed~ paid to Borrowrer. ~ ~ If the Properf~y iu aba~ndoned by Bo~ro~ver, or if, aRer aotice by Leader to Borrower that the oondemnor ogen to make an award or ~ettle a ~ claim for damaQes. Hotrower faib b terpond to Lend~ witbin 30 dsys aftet the date such notioe u mailed, LeAdet is autlwtised to oollect aad app~jr the p~oceed~. at Lender's optioA. eith~ fo re~tontion o~ t~epair of the property oe to tbe ~ums sscured by thi~ Moet~~gs. ~ Uale~s Lender and Horrow~ othervvise aQree in writin~. aay ~nch application of pe~ooeed~ b principal shall not ~tend o~ po~tpoAe tbe due ~ date of the monthly in~tallments nferred ~o ia pste~raplu 1 nnd 2 heieot or chan~e the amoont of snch uutallments. k 10. Borrower Not Relea~ed. Estension ot the time for paym3nt or modification of amortization of the suma secured by this Mortga~e k granted by Leader to aay succeasor in interest of Borrower ahaU not operate b rele~aae. in any manner, the liabilit,y of the original Borrowrer ~ and Borrow~'a succesaon ia iaterest I.ender ahell not be reqnired to oommence proceedings against such suoceasor or refnee b eztend time g ' for paymeat or otherwiee modify amottization of the aums eecured by this Mortgage by reasoa of any demaad made by the original Borrowa ~ and Borroaer s successors in interest. . 11. Forbearanoe bp Leader Not w Wwlver. Aqy forbearan~ae by Leader in ezercising any sight or remedy hereunder, or otherwi~e ~ afforded Dy applicable law. ~haU not be a waiver of or preclnde the e~cercisa of any such right or nmedy.'ILe procnrement of iwuranoe ~ the i paymeat of ta:ee or other liens or charges by Lender ahall not be a waive: of Lendei ~ right to aooelerate the maturity of We indebtedners = eecured by this Mostgage. ~ ~ 12 Remedies G~mulative. All remedies provided in this Mortgage are distinct and cmm~lative !o any other right or remedy and~ thi~ Mortgage or aH'orded by laa or equity. ead may be ezacise~l ooncurrently. independeatly or suoceasively. 13. Suooessoro and Assi~u Bound; Joint and 3everal Liability; Captions. The oovenants and agrceme~ts herein oontained ahall bind. and the rights hereunder ahall innre to. the respective snccesson aad aseigns of I.endu and Borrower. subjed to the proviaioas of ~ paragraph i? hereof. All oovenants and agreemeats of Borrower shall be joint and several. The captioas and h~dings of the psragrapha of this Mortgage an for ooveaienoe only and an not to be uaed to interpret or define the provi.sions haeof. - i 14. Notice. E:cept for any notice required under applicable law to be given in another maaner. (a) aay notice eo Borrower pmvided for ia ~ thie Mortgaga shall be given by mailing such notice by oertified mail addreesed to Borrower at the Propetty Ad~ or at snch other address as ~ Borrower may designate by notice to Leader as pmvided heerin, and (b) any notice to I.ender shall be gives~ by certified mail, nturn reo~pt ; requeated, to Lender's address atated herein or to such other addreea ab Lender may deeignate by notioe b Borrower as provided huein. My notice pmvided for in thia Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated here;n. ~ 15. Uniform Mortgage; Governing I.aw; Severability. This form of mortgage oombines uniform ooveaanta for national use and non- ; uniform covenante ~rith limited variations by jurisdiction to conatitute a uniform security inatnunent o~vering real property.'1'his Mortgage ~ ehall be goveraed by the law of the juriediction ia which the Property ia located. In the event that any provieion or clause of thia Mortgage or ~ the Note conflicts with applicable law, such ootitlict ehall not affect other proviaions of thia blortgage oi the Note which can be given ef~ect ~ without the conilicting pmvieion, and to thia end the provisiona of the Mortgage aad the Note are declared to be eeverable. ~ t 16, Borrower's Copy. Borrower ahall be furniahed a oonformed oopy of the Note and of thia Mortgage at the time of ~ecution or afier , recordation hereof. - 17. Trai~sfer of t6e Property; A~sumpdon. If all or any part of the Property or an inteeeat thereia is sold or tranaferred by Borrower ~ without Lender s prior written coneent, ~cluding (a) the creation of a lien or encumbrance subordinate to thia Mortgage, (b) the creation of a ~ purchaae money aec~rity intereet for household appliancea. (c) a transfer by devise, desoent or by operation of law upon the death of a joint ~ tenant or (d) the grant of any leaeehold intereat of three years or leaa not ooptaining an option to pumhaee. Lender may. at Lende~s option. ~ ~ declare all the auma eecured by this Mortgage to be immediately due and payable. I.ender ahall have waived snch option to acaelerate if, prior ~ to the eale or transfer, Lender and the peisbn to whom the Property is to be sold or tranaferred r~ach agreement in writing that the credit of such ~ peraon is satiafactory to Lender and that the intereet p~yable on the aums eecured by thia Mortgage shall be at such rate as Lender shell ~ requeat. If I.ender has waived the option to socelerate provided in this paragraph 17, and if Borrower s suoceaeor in intereei hea eiecuted a ~ w~ritten aasumption agreement accepted in writing by I.ender, Lender shali release Borrower from aq obligationa under thie Martgage and t1~e ti ote. - ~ If Lende~r e~cerciaes such option to accelerate. Lender ahall mail Borrower notice of acceleration in aooordance with paragraph 14 hereoL ~ ' Such notice ahall provide a period of not lesa than 30 days from the date the notice ie dailed within which Borrower may pay the auma declared ~ j due. If Borrowez fails to pay such auma prior to the e:puation of euch period, Lend~ may. without further notioe or demand on Bonower, ! invoke any remedies petmitied by pazagraoh 18 hereof. ; . ~ 18. Acceleration; Remediee. E:cept as provided in paragrap6 1y hereof, upon Borrower's breach of any oovenant or ~ agreement of Borrower in t6js Mortgage, including the ooveaants to pay whea dne any snme secured by this Mortgage.I.ender ~ prior to aoceleration ehall mail notice to Borrower as prnvided in paragraph 14 hereof epecifying: (1) t6e breac6; (2) the action ~ ~ required to cure each breach; (3) a date, aot less than 30 days from the date t6e notioe is mailed to Borrower. by which snch f breach must be cured; and (4) t6at failure to cure auc}a breach on or before t6e date spectfied in the aoNoe ma,y result in ~ acceleration of the eums eecured by this Mortgage, forecloeure by judicial proceeding and eale of the Property. The notioe ehsll . ' ~ furt6er inform Borrower of the right W reinatate aRer aooeleration sad t6e right to aescrt in t6e forecloe~re proceeding tbe s non-e:ietence of a detault or any other defease of Borrower to aaceleration and forecloeure. If tbe breach is not cured on or ` before the date specified in the notice, Lender at Lender's option mey declere all of the sume secured by this 1Kortgage to be immediately due and payable without further demand and may foreclose thie Mortgege by judicial proceeding. Lender shall be entitled to collect in such proceediag all e:penaee of foreclasure, including, but not limited to, reaeonable attorney's fees, and coate of documentary evidence, abatracts and title reporte. ~ 19. Borrower'~ Right to Reinatate. Notwithstsnding Lende~s aoceleration of the eums secured by thie Mortgage. Borrower shall have - ~ the right to have any proceedings begun by Lender to enforoe tF?ia Mortgage diecontinued at any time prior to entry of a judgment enforcing ~ ~ thia Mortgage if: (a) Borrower pays [.ender all eums which would be then dne under thia Mortgage, the Note and notea eecvring I~tne+e ` ~ Advancea, if any. had no acceleration occurred; (b) Borrower cures all breachee of any other oovenants or agreemente of Borrower contained in ~ thia Mortgage; (c) Borrower pays ell reasonable e~cpeaeea incurred by Lender in enforcing the oovenants and agreemenb oi Borrower r coatained in thia Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable = ~ attorney's fees; and (d) Botrower talces euch action se I.ender may reaaonably req~ure to asaure that the lien of thia Mortgage, I ende~a interest z ~ - in the Property and Borrower'8 obligation to pay the euma eecured by thia Mortgage shall oontinae unimpaired. Upon euc6 payment and cnre by Borrowez, thie Mortgage and the obligatione secured hereby ehali remain in full foroe and effect as if no aooeleration had oocurred. ~ 20. Asal~ment of Rents; Appointment ot Receiver. Aa additional security hereunder, Borrower hereby assigns to L,ender the reats ~ of the Property. provided that Borrowrr ehall, prior to accele~ration under paragrap618 hereof or abandonment of the Property. have the right to oollect and retain auch rents aa tliey become due and payable. - E Upon acceleration under paragraph 18 haeof or abandonment of the Property, Lender ehall be entided to have a recef ver appointed by a = ~ oourt to enter.upon, take poeaeasion of end manage the Property and to collect the rents of the Property, iacluding those past due. All renb ~ collected by the receiver ehall be applied Srst to payment of the oosts of management of the Property and collection of renta, incloding, but not g limited to, receiver'a fees, preminms on receiver's bonds and reasonable attomey's fcea, and then to the sume secured by this Mortgage. 7~e ~ receiver shal) be liable to aooount only for those renta actually received. ~ ~ . ~ . ~ e - ~ 6UaK ~02 ftICE 2 ~ ~ ~ ~ ~ ~ . ~ ~ - - - ~ - _ . . _ _ ~ x ~ ~ ,~ti ~ , _ ~ -