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Home My WebLink About0477 8. In~peMlon. L.ender may make o~ cauae to be made rea~onabk entrie~ upoa aad iaspectioAa of the property, provided Wat Leader ihaU give Horrower notice prior eo any ~uch inapectio~ ~pecifying roawaable causs Werefor related to LeAdes's intereat it~ the Pmperty. 9. Condemnadon.'l~e prooeeds of any award or claim for dama~e~. direct o~ conaeqaential. in connnecaoa wich any ooade,anaaoa or other tskin~ of the pmperty, or part thereof. or for conveyance in lieu of ooademAation. are hereby assiQned and ~hall be paid to Lender. Ia the event oi a total talcinQ oi the Propedy. the pmceeds shall be applied b the sums ~ecured by thi~ Mort~s~e. ~vith the ~ce~a. ii any. psid to Borrower. Ia the event of e partial talti~?~ o[ the Property, uales~ Borwwer and Lend~ othenviss agres in writia~, there thaU be applied to the sums secured by this M~e~e such ~opo~tion of the prooeeds as ia equal to that proportion which the amount of the s~uw secured by this Mortgage immediataly prior to the date of taking be~rs to the fair market value of the Property immediately prios to the date oi taking, with the balanoa of the pmceed~ paid b Borrower. I! the Property is abandoaed by F3ormwer. or if. aRer aotioe by Lender to Borrower that the oondemttor o~e» b make an a~rard os ~attle a claim for damages. Borro~ver fails to respoAd to Lender within 30 days aR~er the deta such ~otioe is mailed. Lendar is authorized to collect aad apply the proceed~. at Lendei a option. eith~ to restoration or repair of the property or to the suins secured by this Mortgage. Ualess Lead~ and Bo=rower otherwise agree ia writing. any such applicatioa of proceeda to principal ~hall not astend u~ postQone the due date of the moathly installments referred b in paragraphs 1 and 2 hereof or change the amouat of snch uutallwenb. 10. Borrower Not Released. E:tensioa of.the time for paym:nt or modification of araortization of the suma secured by this Morigage granted by Lende~ to any succesaor in iatenat of Borroaer shall not operete b release. ia any manner. We liability of the original Borrower and Borrower's aucceswrs in interes~ I.ender shall not be required to oommenoe proc~ecdings againat 'such suocessor or refuse to eztend time for payment or otherwise modify amortization of the sums secured by thie Mortgage by reason of any demand made by the original Bortower and Borrowei a auccessors in interee~ ~ 11. Forbearance by Lender Not a Waiver. Any forbearance by L.ender in euercaaing any right or nmedy hereuader. or otherwi~e afforded by spplicable law. shall not be a waiver of or preclude the ezercise of aay auch right or nmedy. The procureanent of insuraaae or the ~ payment of taxes or olher liens or chargea by Lender• ehall not be a waiver of Lender's right to accelerate the maturity of the indebfednees secared by this Morigage~ 12 Remedie~ Cumnladve. All remedi~ provided in this Mortgage are distinct and cumulative to any other right or nmedy under this Mortgage or afforded by law or equity. 8nd Ql9j/ ~1B EZ~ ODIICII![tAtlyi. independently or aaoceaaivdy. 13. 3uccessori and Assigns Bound; Joiat aad Several Liability; Captions. The oov~ants and agreremehta herein oonlained shall bind. and the righte hereunder shall inure to. the respective auccessors and assigna of I.ender aad Borrower. subject to the pmvisione of • paragraph 17 hereof. All rnvenante and agrcemente of Borrower ahall be joint aad several. The captions and headinge of the paragrapbs of • thia Mortgage are for rnvenience only and are not to be need to interpret or define the provisions hereof. 14. Notice. Eacept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower ptovided forin thie Mortgage ahall be given by maiUng such notice by certified mail addressed to Borrower at We Property Addrees or at anch other address as Borrower may deaigaate by notice to Lender aa provided herein, and (b) any notice ~o I.ender shall be given by oErtiSed meil. return reoeipt requeated, to I.ender's addrese etated herein or to euch oWer addrees ea Lender may designate by notioe to Borrower ea provided herein. Any notice pmvided for in t}iia Mortgage ehall be deemed to have been given to Borrower or Leader when given in the manner deaignated hereia. ~ 15. Uniform ~ortgage; Governing Law; Severability: This form of mortgage combines uniform oovenants for national uae and non- uniform oovenants with limited variationa by jnriediction to oonetitute a aniforrn security instnuuent oovering real property.'I~is Mortgage ahall be governed by the law of the jurisdiction in which the Property is locaLed. In the eveat that any provieion or clauee of this Mortgage or the Note conflicts with applicable law, snch contUct shall not $f~ect other pmvisions of thie Mortgage or the Note which can be givea eHed without the rnntlicting proviaion, and to thia end the provieione of the Mortgage and the Note are declar~d to be severable. 16. Borrower's Copy. Borrower shal) be furniehed a oonformed copy of the Note and of thia Mortgage at the time of ~ecution or after recordation heieof. 17.15ransfer of the Property; Aesumption. If all or any part of the Property or en interest therein is eold or traneferre~ by Bormwer without L.ende~a prior written consent, ~cluding (a) the creation of a lien or encumbrance subordinate to thia Mortgage, (b) the creation of a purchase money eecurity intereeE for houeehold appliances. (c) a tranefer by deviae, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yeara or less not oontaining an option to purc6aee, Lender may. at L.ender'e optioa, declare all the aums eecured by this Mortgage to be immediately due and payable. L,ender ahell have waived auch option to aocelerate if. prior to the sale or tranafer, Lender and the peraon to whom the Property ie b be sold or tranaferred reach egreement in writing that the credit of snch person ie satiafactory to Lender and that Lhe interest payable on the auma eecured by thia Mortgage ahall be at euch rate ae I.ender ahall requeat. If Lender hae waived the option to accelerate provided in Lhia paragraph 17. and if Borrower's succeesor in interest hea ezecuted a written asaumption agreement accepted in writing by Lender, L.ender ahell release Borrower from all obligatione underthie Mortgage and the Note. If Lender exerciaes such option to accelerate, Lender ehall mail8orrower notice of acceleration in accordance with paragraph 14 hrreoL II Such notice shall provide a period of not lesa than 30 daya from the date fhe notice is tr.siled within which Borrower may pay the sums declared i due. If Borrower fails to pay such aums prior to the expiration of euch.period. Lender may, wichout further notice or demand on Horrower, I invoke any remediea permitted by paragraoh 18 hereof. ; 18. Aoceleration; Remedies. Ezcept as pmvided in paragraph 17 hereot, upon Borrower'e breac6 of any oovenant or f agreement of Borrower in thia Mortgage, inciading the oovenanta to pay when due any sume secured by this Mortgage, Lender ' prior to acceleration ahall maii notice to Borrower. as pmvided in paragraph 14 hereof epecitying: (l) the breacb; (2) the action ~ required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower. by which such breach must be cured; and (4) that failure to cure such breach on or before the date epecified in the notice may result in acceleration of t6e eume eecured by t6ie Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice ehall further inform Borrower of the right to reinetate after acceleration and the right to assert in the forecloeure proceeding the non-e~atence of a default or any other defense of Borrower to aoceleration and toreclosure. If the breach ia not cured on or ~ before the date epecified in the notice, Lender at I.ender'e option may declare all of t6e sume ee~vred by this l~ortgage to be immediately due and payable without further demand and may foreclose thie Mortgage by judicial proceeding. Lender shall be ~ entitled to oollect in such proceeding all e:penses of forecloBUre. including, but not lfmited to, reasonable attorney's feea. and ~ coste ot documentary evidence, abstracte and titte reporta. ~ ~ 19. Borrower'e Right to Reinetate. Notwithatanding Lender a acceleration of the aume eecured by this Mortgage, Borrower ahaU have ; the right to have any proceedinge begun by I.ender to enforce thie Mortgage diecontinued at any time prior to entry of a judgment enforcing ~ thia Mortgage if: ~a) Borrower paya Lender all aums which would be lhen due under thia Mortgege. the Note and notea eecuring Future : Advancee, if any, had no aoceleration occurred; (b) Borrowercuree all breaches of any oLhercovenants or agreemente of Borrower oontained in thie Mortgage; (c) Borrower paye all reseonable e:peneea incurred by I.ender in enforcing the eovenante and agreemente of Borrower ~ ; oontained in thie Mortgege and in enforcing Lender'a remediea se pmvided in paragraph 18 hereof. including, but not limited to, reaaonable ; attorney's fee8; and (d) Borrower takea euch action as I.ender may reaeonably reqaire to assare that the lien of thie Mortgage, Lenda's interest ~ E in the Property and Borrower'a obligation to pay the sume secured by this Mortgage ahall oontinue unimpaired. Upon such payment and cnre by Borrower, thie Mortgage and the obligatione aecured hereby ahall remain in full force and effect as if no acceleratioa had occurred. ~ 20. Aasignment of Rents; Appointment of Receiver. Aa additional security heiew~der, Borrower hereby seeigns to Lender the rents ` of the Property, provided that Borrower shall, prior to aoceleration nnder paregraph 18 hereof or abandonment of the Property, have the right to colled and retain euch rents ae they become due and payable. ¢ Upon seceleration under paragraph 18 hereof or abandonment of the Property, Lender ehall be ~tided to heve a receiver a r ppointed by a ; oourt to enter-upon, take poaeeseion of and manage the Property and to collect the renta of the Property, including those past due. All rents ; collected by the receiver ahall be applied firet to payment of the oosle of management of the Property and oolleMion of rents, including, but not limited to, receiver'e feee, premiuma on receiver'e bonds and reseonable attorney's feee, and then to the aums eecured by thi8 Mortgege. The receiver ahall be liable to acoount only for those rents actually received. ' ~ ~ 's ~ i Y P S ~ 6GUK W!2 fRCE 4 7~ ~ . ~ ~ : - - - - ~ . , ~ ~ ;n _ ~ . ~v~....~.~=~F s _ _ -