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Home My WebLink About0465 . 8. In~pectloa. Lender mqy ma~e or cawe to be made reawneble entrie~ upon u?d'uupectioae oithe property, provided that I.end~ shall give Borrower aotica priot to eay such inapectiop specifying nawnable cauas therefor rslated to Lendes'~ interest ia the Proper4Y. 9. Coademaatioa.'11~e proceede o! any award or claim !or ds~aaQe~. direct or oon~equential. 1[I COA[leChOR W1~19i1~1 OO~dQ~RAB~IOR Oi other taking of the property~ or part thereot, or for oonveyanoe in lieu of oondemnation. are haeby awi~ned and ahaU be paid to l.ender. In the avent of a total laking of the Propecty, the peoceeds ~hall be applied to the sums sacured by thia Mortga~e, with the ezcea. if any. paid to Borrower. ln the eveat of a partial taking of the Prope~rty, unlees Borrower and Lend~ othervvi~e agree in ~vritiaQ, there shaU be applied to the sums secured by this M~aQe such ~oportion of the prooeeds ae u eQuel to that proportion which the amonnt of the ~uau aecured by this Mortgage immediately prior to the date of taking beare to the fais maiket value of the Property immedia Wy prior to tbe date of takin~, with the balanea of the pmoeed~ paid to Borrower. If the Prope:ty is abandonad by Horrower. or if, aRer notioe by Lender to Borrower that the oondemnor oge» to make an a~rerd or ~ettle a claun for dama~ea. Borrower fails to e+espond to Lender withiA 30 days aRer the date such notiae ia mailed. Lend~ is authorir~ed b oollect and apply the prooeeds. at Leader's option, eiWer b restoration or repair of the prop~ty or to the sums secured by this Mori~aQe. Unlesa I.ender and Borrower othe:wise agree in writing. any euch application of pmoeeds to principal shaU aot e~ctend or pwtpoAe the dus dete of the monthly installmeata referred to in paragraphs t and 2 he~eof or chanQe the sawuat of ~uch installmenta. 10. 8orrower Not Iteleased. Extension of the time for paymant or modificatioa of amortisatioa of the sums secured by thia Morf~aQe gtianted by Lender to any euccessor in intenat of Borrower shall not operate to nlease. in any manner. the liability of the origiaal Borrower and Borrower's succeeaors in intereak L.ender ahall not be required b commence prooeedinge againaL euch successor or refuee to extend time for p~yment or otherwise modify amortization of the awns aecvred by thia Mortgage by reason of any demand made by the original Botroaer and Borrowe~s euccesaore in inttrest. 11. Forbearanoe by Lender Not a Walver. My forDearaace by Lender in ~erciaing any right or remedy henunder. or otherwise aPtorded by applicable law, shall not be a~vaive: of or preclude the of any such right or remedy.'I~e proc~remeat of insuranoe or the payment of te~es ~ otha liene or charges by L-eader ahaU not be a waivez of I.ender'~ right to aocelerate the maturity of the indebtedness eenued by this Mort~a~e. ' 12 Remedies G~tmnladve. Ali remedies pmvided in thia Mortgage are distinct aad cvmulative b any other right or remedy under this Mortgage os af!'orded by la~v or equity. and may be ea~ercisevi oonc~rrendy, independently or snooeasively. 13. 3uooessors and Assi~ns Bound; Joint and Several Liebility; CaptIons. The oovenaata and agreementa hezein oontained shall bind. and the rights hereunder ahaU inure to, the respective succeesore and assigna af Lender and Borrow~. eubject to the p~ovisions of paragraph 17 hereof. All rnvenante and agreements of Borrower ehall be joint end eeveral. 7Le captione and headings of the paragrap6s of this Mortgage are for covenience only and are not to be used to interpret or de5ne the proviaione hejeof. 14. NoNce. Except for any notice required nnder applicable law to be given in another manner, (a) any notice to Borrower pmvided for in thia Mortg~ge 4hull be given by mailing auch notice by certifiedmail addressed to Bosrower at the Property Addrees or at such other address as Borrower may designale by natice to Lender as provided herein. and (b) aay notioe b I.endes ehall be given by certified mail. return reoeipt requeeted, to I.ender s addre8s etated herein or to euch othez address as I.ender m~y deeignate by notioe to Borrower as pmvided herein. Aay notice pmvided for in thie Mortgage ehall be deemed to have been given to Borrower or Lender when given in the manner deaignated herein. 15. Unifarm Yortgage; Governing I.aw; 3everability. This for~n of mortgage combin~ uniform oovenants for national uee and pon- uniform rnvenants with limited varistiona by j~uiediction to wnatitute a uniform sec~uity instrument ouvering real property. This Mortgage ahall be go~ emed by the li~w of the juriediction in which the Property ia located. In the event that any pmvieion or clause of thia Mortgage or the Note ccmflicte with applicable law, such conflict ahall not af~'ect other pmviaiona of this Mortgage or the Note which can be given effect without the oontlicting provision, and to this end the pmviaiona of the Mortgage and the Note ar~ declared to be aeverable. 1& Borrower's Copy. Borrower ehall be furnished a conformed oopy of the Note and of thia Mortgage at the time of e:ecution or after reoor~ation hez~eot 17. Tranefer oi the Property; Aeaumption. If all or any part of the Property or an interest therein ie aoW or transferred by Borrower without Lender a pricr written ooneent~ ezcluding (a) the creation of a lien or encumbrance aubordinate to thie Mortgage. (b) the creation of a purchase money eecurity intereat for household appliancee, (c) a tranafer by deviae. deecent or by operation of law upon the death of s joint tenant or (d) the grant of any leaeehold intereet of three years or leas not oontaining an option to purchaee. Lender may. at Lender s option, declere all the auma eecnred by thia Mortgage to be unmediately due and payable. I.ender ehall have waived auch option to socelerate if, prior to the sale or tranafer. Lender and the person to whom the Property ia to be eold or tranaferred reach agreement ia writing that the credit of snch peraon-is satisfactory to Lender and that. the intereat payable on the aums eecured by this Mortgage ahall be at such rate as I.ender ehall requeat. If Lender has waived the option to acoelerate provided in this paragraph 17, and if Borrower s eucceaeor in interest hae ezecuted a written asaumption agreement socepted in writing by Lender. Lender shall release Borrower.from all obligations under thie Mortgsge and the Nota ! If Lender euerciees such option to accelerate, Lender shall mail Borrower notice of soceleration in aocordance with paragraph 14 hereot ; Such notice shall provide a period of not less than 30 days from the date the notice ia ir.siled within which Borrower may pay the aums declared ; due_ If Borrower fails to pay auch sums prior to the exp'vation of auch period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragra~h 18 hereof ` 18. Acceleration; Remediee. Ezcept as provtded in ara ~ p graph 17 hereof. npon Borrower's breach of any covenaat or € agreement of Borrower in this Mortgege, including the ooveaante to pay when due any eums secvred by thie Mortgage, I.ender i prior to acceleration shall mail notice to Borrower ae provided in paragraph 14 hereof specifying: (1) t6e breac6; (2) the action ~ required to cure suc6 breach; (3) a date, not leee thati 30 daye from the date the notice ie mailed to Borrower. bq which such breach must be cured; and (4) thst failure to cure suc6 breach on or before the date apecified in the notice may result in ~ acoeleration of the suma eecured by this Mortgage, forecloeure by judicial proceeding and sale of the Property. The notice ehall ~ further inform Borrower of the right to reinstate atter acceleration and the right to assert in the torecloeure proceeding the non-eziatence of a default or any ot6er defense of Borrower to acceleration and foreclosure. If the breach ie not cnred on or ~ before the date specified in the notice, Lender at Lender'e option may declare all of the sume secured by this Mortgage to be immediately due and payable wit6out further demand and may foreclose thia btortgage by judicial proceeding. Lender ahall be = entitled to rnllect in auch proceeding all ezpensea of foreclosure, iacluding, but aot limited to. reaeonable attorney's fees. and ~ coste of documentary evidence, abstracts and title reports. ~ 19. Borrower'e Right to Reinatate. Notwithstanding I.ender's aoceleration of the aume eecared by this Mortgage, Borrower shall have ~ the right to have any proceedings begun by Lender to enforce thie Mortgage discontinued at any time prior to entry of a judgment enforcing ~ chia Mortgage if: (a) Borrower paya Lender ap sums which would be then due ~u?der this Mortgage, the Note and notea eecuring fi~ture Adv ances, if any, had no aoceleration occurred; (b) Borrower cures all breachea of any other covenants or agreemente of Borrovrer oontained in this Mortgage; (c) Borrower paya all reasonable eapeneea incurred by Lender in enforcing the oovenants and agreementa of Borrower ~ oontained in thie Mortgage and in enforcing Lender'a remediea ae provided in paragraph 18 hereof, induding, but not limited to, reseonable - attorney's feea; and (d) Borrower takes euch action as Lender may reaeonably require to sesure that the lien of thia Mortgage. Lender'e intereet ~ in the Property and Borrowefe obligation to pay the suma eecured by this Mortgage ehall coatinue unimpaired. Upon such payment and cnre by Borrower~ thie Mortgage and the obligadons secured hereby ahall remain in full force and dfeM aa if no aoceleration had occurred. 20. Aseignment of Rents; Appointment of Receiver. Ae additiona! security hereander, Borrower hereby aaaigna to Lender the r~ts ' of the Property, pmvided that Borrower ahall, prior to acceleration under paragraph 1 S hereof or abandonment of the Property, have the right ~ to collect and retain soch rente as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender ahall be entitled to have a receiver appointed by a ~ rnnrt to enter-npon, take poaeession of and manage the Property and to collect the rente of the Property, including thoee past due. All renta ~ oollected by the receiver ehall be applied first to payment of the ooste of management of the Property and rnllection of renl8, including, but not a limited to, rec.~eiver's feea, premiuma on receiver's bonda and reaeonable attorney'a feea, and then to the auma eecured by this Mortgage. The " receiver ahall be liable to acc~ount only for those renta actuslly received. ~ UP~(~ - i BO.riK tiV~„ i~GF ~ ~ ~ ~ r;~ 1 ~ : - - - ~ ~ ~ ~ ~ ~ ..'~a'k + ' " Y ''t y ~ -f I . . . M . _ _ ss ~