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Home My WebLink About0257 8. In~pectloa. I.ender may make os caws to be made reuot~able eAtrie~ upoa and iaspectioas otthe p~. provided y~t I~d~ ~h~ll ± give Bo~rower aotios prior to any such uupsction N~ib~in~ roawnabls csws tMrefor related to I.et?de~'~ mterest in the Proper~y. ' 9. Coodemnadon. 7Ue prooeed~ of any swerd or claim for dams~M. !It!'OOt OT OOA~OQLlt1~11~. lA COi1AlChOll Wi{~! al~y O~R~IIIpa~IOA Oi ! oth~ talrin~ of the pmperq?. or psrt Wereof. or f~ conveyanae in lieu oi ooademueao~. ars hereby awi~ned and .b.U be psid co Lender. i Ia the event oi s total takinQ of the Pe~operty. ehe proceed~ ~haU be applied to the ~ums secured by thia MortQs~e, witb We ~oe~s, if aay. ~ paid b Borrower. la the eveat of ~ partial ta~n~ oi t!~ ProperRy. nnlas Borrawer end Lei?der othe~ri~s s~ree ia ~vritini. there ~haU be ~ applied to the suua~ ~ecuted by thu Mort~ags such proportioa of the prooeed~ a~ is equsl to that proportion which !he amount ot We emu eecured by thia Mortgags iwmediataly ~ior to the dete ot tskin~ bears b the fais market value of Ws Property immediately prior to the date of tal~ia6. with the bslaaa~ of We proosed~ paid to Borrower. If the Proper4y is abandoned by Borwwer, or i~ after notioe by Lsnder b Borrowrer that the ooademnor oger~ to make an a~rard or ~ettie a claim for damaQe~, Borrower faib b rapond to Leader within 30 days att~ t6e date such Aotioe iu mailed. Lender is anttwrised t~o ooliect aad ~ aPP1Y the pmoeeds; at LeAder's option. either b re~tosation or repair of the property or to tbs ~uau ~ecured by Wis Morf~a~e. Uales~ Lender and Bprrower otheiwi~e a~res ia writin~, any anc~? spplicetioa of ptooeecls to principal ~hhali not eutead o~ postpone the due • ' date of the monthly installmenb nferred tu in para~raphs 1 and 2 h~eof or cbange the amount of such instaWaeAta. r 10. Borrower Not Reles~ed. E:tenaoa of the tiiae for paymsnt or modi~cation of amorti:ation of the sums secured by thia MoetQage ; grantsd by I.ender to any suoceasor in interest of Borrowes shaU ao! operate to rdeare. in any manner, the liability of We osiginsl Borrower ~ and Borrower's suocessore in intsres~ Lender ahall not be required to ao~nmeace prooeedinga against such auooeesor or nfwe to e~ctend time for payment or otherwise modify amortization of the aums secvred by this Mortgage by reasoa of any demaad made by the original Botrower - and Borrower'a successors ia interest. ~ 11. Forbearanee by I.~der Not s Waiver. My forbearanoe by Lender in ~ercising any right or remec~y hereunder. os othezwise afforded by applicable law. shall not be a waiver of or preclude the ezaciae of sny euch right or rama~y.'11~e procurement of inaoranoe or the ' payment of tases aar oth~ liens or charges by I.end~ shall aot be a weiver of Lender's right to aooelerate t6e maturity of We indebtednes~ ~ eecured by this Mo~rtgage. ~ 12 Remedie~ GtimnlaUve. All reaudies pmvided ia thia Mortgage are distinct and cnmuletive to any other right or remedy nnder this t Mortgage or atrosded by law or equity. and may be euercisetl aoncarrently. iadepwdendy or suaoessively. • ~ 13. 3ucoessors ead Assigns Bound; Joint aad Several Liabillty; C~pdons. The oovenanta and agreements herein eontained ehall i bind. and the rights here~er ahall inare to. We napective saocessors and assign~ of Leader and Borrower. snbject to the provisions of paragraph 17 hereof.-~11 oovenants aad agreementa of Borrower ahall be joint and severel.'lLe captions and headinga of the paragraphs of ~ this Mortgage an fa~ oovenienes only and are not to be used to interpret or define the p~ovisions hereoL 14. Notice. E:cept for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in ; thia Mortgage shell be given by meiling euch notice by certified mail addreaaed to Borrower atthe Property Addrese or at such other addrees as Borrower may derignate by notioe co I.ender aa pmvided hereu,. aad (b) any nocioe to Lende~ ahall be giv~ by certified mail, recum reoeipc - requeated, to Leadez'a addre~s atated he~rein or to sach other address as Lender may designate by notice to Borrowrer aa provided herein. Any notice pmvided for in thie Mortgage ehall be dcemed to have been given to Borrow~r or Lender ~vhen given in the mann~ designated henin. 15. Uniform Mort~a~e; Goveroing I.aw; 3everability. This form of mortgage combines aniform oov~nanta for natioaal use and non- ' f uniform rnvenants with limited yariations by juiisdiction to oonetitute a uniform e~nrity inatiument oovering real propetty.'ILia Mortgage ahaU be goveraed by the lav~of the juriadiction in which the Ptoperty ia located. In the event that any provision or claose of this Mortgage or ` the Note conflicte with applicable 1aw, auch rnr~flict shall not affect other provieiona of thie Mortgage or lhe~Note which can be given effect i without the conilicting pmvision, and to this end the proviaiona of the Mortgage and lhe Note an declared to be severable. 16. Borrower's Copy. Borrower ahaU be furniahed a conformed oopy of the Note and of thie Mortgage at the time of ~ecntion ~r after _ recorda6on hez~eof. - 17. 'l~anafer oi W e Property; Assumption. If all or any part of ihe Property or an interest therein is sold or transferred by Borrower s without Leader a ptior written rnnaent. escluding (a) the crestion of a lien or encumbrance eubordinate to this Mortgage, (b) the creation of a" ; purchaee money eecurity interesL for household appliaaces; (c) a transfer by devise, descent or by operation of law npon-the death of a joint : tenant or (d) the grant of any leasehold inter~t of three years or less not oontaining an option to par~haee, Lender may, at Lender's option, ~ j declare all the suma ee~vrea by thie Mortgage to be immediately dne and payable. I,eader shall have waived such option to aooelerate if, pribr to the eale 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 _ peraon ie satiefactory to Lender and that the interest payable on the eutna secured by thie Mortgage ahall be at aach rate as Lender ehall ~ requeat. If Lender has waived the option to socelerate pmvided in this paragrsph 17. and if Borrowei a suocessor in interest has e:ecuted a ? .vritten aaeumption agreement accepted in writing by Lender, Lender ahall releaee Borrower from all obligationa under this Mortgage and the ~ Note. . [f Lender ezercisea auch option to aocelerate, Lend~ ahall mail Borrower notice of soceleration in aooordance writh paragraph 14 hereot ~ Such notice ahall pmvide a period of not lesa than 30 daya from the date the notice ie ~ailed within which Borrower may pay the aums declared F due. If Borrower fails to pay euch suma prior to the ea~piration of euch period, I.ender may, withoat turther notice or demand on Borrower, - ~ • invoke any remedies permitted by paragraoh 18 hereof. - ~ ~ I8. Aoceleration; Remediee. Ezcept as provided in paragraph 17 hereof, upon Borrower's breach ot any aovenant or _ ~ agreement of Borrower in thia Mortgage, including t6e ooveaante to pay when due any snms secured by thie Mortgage, Lender ; ~ prior to aoceleration ehall mail notice to Borrower aa provided in paragraph 14 liereof specitying: (1) the breech; (2) the action reqnired to cure such breach; (3) a dste, not leas than 30 days trom the date the notice is mailed to Borrower, by which snch ~ breach must be cured; and (4) that failure to cure euch breach on or before the date specified in t6e notioe may reenlt in ; acceleration of the sume secured by t6ie Mortgage, foreclosure by judiciai prooeeding pnd eale of the Property. T6e notice ehall ~ further inform Borrower of the rig6t to reinstate aRer aoceleration and the right to aasert in the foreclasure proceeding the non-ezistence ot a default or any other defense of Borrower to acceleration and foreclosure. If the breac6 ia not cared on or ~g before the date specified in the notice. Leader at I.eader'e option may declare all of the sums eewred by thie Mortgage to be ~ immediately due and payable without further demand and may foreclose thia Mortgage by judicial proceeding. Lender s6a11 be entitled to oollect in such proceeding all e:penses of foreclosure, including, but not limited to, reasonable attorney'e fees~ and ~ coate of documentary evidence, abstracts and title reporta. 19. Borrower'e Right to Reinetate. Notwithstanding Lender s aooeleration of the suma secured by thia Mortgsge, Borrower ehall have ~ the right to have any pmceedinge begun by Lender to enforoe this Mortgage discontinued at eny time prior to eatry of a judgment enforcing ~ this Mortgage if: (a) Borrower pays Lender all aums ~vhich wonld be then due under this Martgage, We Note and notes eecuring Fht~ue ~ Advanceb. if any, had no aoceleration axvrred; (b) Borrowercnres all breachea of any other rnvenants or agreem~te of Borrower oontained in ~ this Mortgege; (c) Bprrower pays all reseonable e:penses incnrred by Lender in enforcing the oovenante and agreemente of Borrower ~ contained in this Mortgege and in enforcing Lender'e remediea aa provided in paragraph 18 hereof, inclading, bat not limited to. reasonable ~ attorney's fees; and (d) Borrower takes snch action es Lender may reasoaably require to aesure that the liea of thie Mortgage, Lender's intenst in the Property and Borrower's obligation to pay the suma eecured by thia Mortgage ahall oontinue unimpaired. Upon auch payment and cure ' by Borrower, thia Mortgage and the obligetions secured hereby ehall remein in ftill force and effect ae if no aoceleration hsd occurred. ' a Z0. Assignment o! Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby aesigns to Lender the reate of the Property. provided that Borrower ahall, prior to aooeleration under paragraph 18 hereof or abandonment of t6e Propecty. have the right ~ eo coUect and retain auch r~nte as they become due and payable. > Upon aoceletation undar paragraph IS hereof or abandonmeni of the Property. Lender ahall be entided Lo heve a reoeiver appointed by a ' ~ court to enter.upon, take poseeeaion of and manage the Property and to collect the rente of the Property, including those past dne. All tenta ~ rnUected by the reoeiver shell be applied first to payment of the ooeta of management of the Property and oollection of rente, inclnding, bnt not 9 limited to, receiver's feee, premiums on receiver's bonda and reasonable attomey's feea, and then to the aume aecured by this Mortgage. The receiver ahall be liable to aoo~unt only for thoee rents actually received. . _ ~ ~ ~ ~ ~ ~ ~ B~ x ~U2 FaCE ~ ~57 ~ ~ - - - ; =r~~, ~,~F~. ~ _ - ~ ? M ~