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Home My WebLink About0635 ~ ~t , . . , _ : 8. IaspeMioa. LeAder rnay make or cauae to be made ~easanabls entriat apo~ and 'uupectioas of the pmperty, provided that I.ender ~hall = give Horrower aotice prior to any such inspection apecifyiag reawnable cawe therefo~z~leted to Lender'~ iaterest ia the Ptoperty. ~ 9. Coademaadon.'IUe pcoceed~ of any e?wtud or claim for damaQea, direct or consequentiat, ie coanection with any ooademnatioa or oth~ te~l~inQ ot We P~P~Y. or part thereof. o~ for conveyance in lieu of oondemnatioa. e~re henby assigned and ~hall be paid to Lender. Ia the eveat of a total taking of the Property. the prooeed~ shall be applied to the ~u~w secured by thia Mortgag0. ~~~0. if aQy, , paid w Borrower. Ia tl~e event of a pectial taking of the PropetRy. unleea Burwwer ead Lei?der otherwise agree iu writi~?~. then ahaU be applied to the sum~ secured by this Mortga~s such proportion of the prooeed~ as u equal b that proportioa which the ainount of the sums ee~vred by this Mort~s~s immediately prior to the date of taking beare to tlie fair martd value of We Property immediately prior to the date of tal~inB. with the balanoe ot tbe proceeds paid to BorroMres. ~n If the Property ia abandoned bY Borrower. or if. aRer notioe by Lender to Borrower that the oondemnor offers to make an award or settle a claim for damages. Bore~ower faih b respond to Lender within 30 days atter the date such aoqoe ie mailed. Lend~ is autlwrised to collect and apply the prooeedi. at Leader'~ optioa, eitl~er to restoratioa or repair of We propeety or b the aums secured by thia Mortgage. i Unless Lender snd BorroMr~ ot6envise agree in writin6. anY such applicatioa of pmoeeds to principal shal! not eztend or pwtpone the due ~ date of the monthly installments nfezred ~o in paragraphs 1 end 2 hereof os change the amount of euch uutallinen4. t0. Borrower Not Relea~ed. E:tenaion of the time fos paymaat or modification of amortisation of the swne eecured by this Mortgage • granted by Iander to any au~xeaaor in interest of Borrower shaU not operate to releaee, in any manner, the liability of the original Borrovrer ~ and Bort~ower'6 suoeessors in u?ter~s~ l.ender ahall not be required to oommence proceedings againat such successor or refuee to estend Lime for payment or otherwise modify amortization of the eums secured by thie Mortgage by reason of any demand made by theorigina! Borrower and Borrovier.'s suoceasors in interc+st. . a 11. Forbearaaoe by Lender Not w R?aiver. Any forbearanoe by I.ender in e~ercising any right or nmedy henunder..or otherwise ~ affor~ed by applicabk law, shall aot be a waivez of or preclude the ezercise of nny euch right or eemedy.'l~e procanment of insnrewoe or We : paymeat of taues or other liens or charges by Lender ahall not be a weiver of Leader's right to acoelerate the maturity of the indebtedness 7 secured by chis Mortgage. ~ 12 Remedies Gtitmalative. All remedies provided in this Mortgage are dietinct and cumulative to any other tight or remedy undez thia s Mortgage or afforded by law or eqaity. and may be euerrise~i coacurrently. indepe~deady or sucoeeaively. a 13. guceeseors aad Aseigns Bonnd; Joint and 3everal I.iability; Captions. The oovenant8 and agreemente h~ein oontained shall ~ bind, and the rights hereunde: shaU iaure to, the r~pcctive suceeesors and seaigns of L.ender aad Borrower, eubject Lo the provisione o~ paragraph 1? hereof. AU covenants and agreements of Bore~o~ver ehall be joini and eeveral.'lUe captione and headings of the paregraphs of ; this Mortgage an for covenience only and are not to be ueed to interpret or de5ne the ~ovisions hereof. 14. Notiee. Except for any notice required under applicable law to be given in another manner, (a) any notioe to Borrower provided for in thia Mortgage ahaU be given by mailing euch notice by certified mail addreeeed b BoTrower at the Property Addrese or at such other addseee as - Borrower may designate by notice to Lender ae provided hereia. and (b) any notice to Lender ehall be given by c~rtified mail. return receipt requested, to Leader s addresa atated herein or to such oWer addrees ae Lender may deaignate by notice to Borrower ae pmvided herein. Any notice provided for in t6ia Mortgage shall be deemed to have been givea to Borrower or Lender when given in the maaaer designated herein. - 15. Unitorm Mortgage; Governing I.aw; 3everability.'It~is form of mortgege rnmbinea uniform oovenanta for national use and non- . " uniform covenants with limited variatione by jurisdiction to oonatitnte a uniform eecnrity instnunent oovering real pmperty. Thie Mortgage = ahall be-govemed by the law of the jariediction in which the Property ia located. In the event that any proveaion or claoae of thie Mortgage or ' the Note contlicta with applicable law. such conflict ahall not a~ect other pmvisions of this Mortgage or the Note which can be given effeet # w~thoat the o~nflicting proviaioa, and to thia end the proviaiona of the Mortgage and th~ Note are declared to be eeverable. 16. Borrower's Copy. Bormwer aha11 be furc~ished a conformed oopy of the Note and of thia Mortgage at the time of e~cecution or after recordation hercof. ' 17. '1lreaster of the Property; Assumption. If all or any part of the Property or an interest therein is sold or tranafernd by Borrower without Lender's prior writtea consent, e:cluding (a) the creatioa of a lien or encumbrance aubordinate to thia Mortgage. (b) the creatioa of a ~ purchaee money eecurity intereet for ho~eehold appliancee. (c) a transfer by devise, deacent or by operation of law upon the death of a joint ~ tenant or (d) the grant of any leaeehold intereat oi three years or leas not oontaining an option to purchase, Leader may, at I.ender'e option, ; declare all We sums eecured by this Mortgage to be immediately due and payable. I.ender ahall have waived such option to aocelerate if, prior ; to the sale or transfer. I.ender and the pason to whom the Property ia to be aold or traasferred reach agreement in writing that the credit of auch ~ perBOn ia eatiafactory to Lender and Wat the interest payable on the anms secured by this Mortgage ahali be at auch rate as I.ender ahall = requeat. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest haa ezecuted a ~ w~ritten assmnption agreement accepted in writinB by Lender, Lender shall release Borrow~ from all obligations under thia Mortgage and the } ~Jote. ~ : If Lender e:e~cises such option to accelerate, Lender ahall mail Borrower notice of acceleration in accordance with paragraph 14 hereoL ; Such notice shall pmvide a period of not less than 30 days from the date the notice ia Q.ailed within which Borrower may pay Lhe suma declared due. If Borrower fails to pay such sums prior to the eap'vation of such period, Lender may. without further notice or demaad on ~iorrower, s ~ ~nvoke anY remedies Permitted by paragranh 18 hereof. I 18. Aoceleraiion; Remedies. Ezcept as provided in peraSraph 17 hereof, upon Borrower's breach of any oovenant or ~ agreement of Borrower in this btortgage. including the oovenante to pay when due any sume secured by thie Mortgage, Lender ; ~ prior to aoceleration a6a11 mail notice to Borrower se provided in paragraph 14 hereofHpecifying: (1) the breach; (2) the action required to cnre eac6 breach; (3) a date, not lese than 30 days from the date the notice is mailed to Borrower, by whicb ench ~ breach muat be cured; aad (4) that failure to cure such breach on or before the date epeciFed in the notice may reeult in _ ~ acceleration of t6e sume seaired by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall s furt6er inform Borrower otthe right to reiastste sfter acceleration and the right to aseert in the forecloeure procceding the non-ezistence of a default or any other defenae of Borrower to acceleration and foreclosure. !f tlse breach ia not cured on or ~ ~ before the date specifed in We notice, Lender at I.ender's option may declare all of tl~e sume secured by thia Mortgage to be ~ immediately due and payable without further demand and may forecloae this Mortgage by judicial prooeeding. Lender shall be ~ entitled to collect in ench proceeding all e:penses of foreclosure, including, but not limited to, reasonable attorney a fees, and ; ~ costs of documentary evidence. abetracte and title reporte. ~ l9. Borrower's Right to Reinetate. Notwithatanding Lender s acceleration of the auma eecured by thie Mortgage, Borrower ehall have ? the right to have any proceedings begun by Leader to enforce thia Mortgage dieoontinued at any time prior to entry of a judgment enforcing ~ thia Mortgage if: (a) Borrower paye Lender all euros which would be then due under thie Mortgage, the Note and notes securing l~ture Advances, if any. had no acceleration occurred; (b) Borrower cures all breaches of any other oovenante or agreemente of Borrower contained in ~ this Mortgage; (c) Borrower pays all reasonable expenaes incurred ~by Lender in enforcing the e~ovenante and agreemente of Borrower oontained in this Mortgage and in enforcing Lender's remedies as pmvided in paragraph 18 herEOf, including, bnt noi limited to, reaaonable C attorney's fee~a; and (d) Borrower takea auch action as Lender may reESOnably require to asaure that the lien of thia Mortgage, Lender'e intereat ~ = in the Property and Borrowe~s obligation to pay the suma eecured by this Mortgage ehall continue unimpaired. Upon auch payment and care s ~ by Borrower, thia Mortgage and the obligationa secured hereby shall remain in full force and effect ea if no acceleradon had occurred. ; ~ 20. Aaeignment of Rente; Appointment of Receiver. As additional eecnrity hereunder, Borrower hereby aseigns to Lender the rents ' ~ of the Property, provided that Borrower ahall, prior 2o acceleration under paragraph 1 S hereof or abandonment of the Property, have the right j~ { to collect and retain ench rents as they become due and payable. ~ Upon aoceleration under paregraph 18 hereof or abandonment of the Property, Lender shall be entided to have a receiver appointed by a < ~ oonrt to enteraipon, take poesession of and manage the Property and to oollect the rents of the Property. including thoee past due. All renta ' j coUected by the rec~eiver ahall be applied firet to payment of the o~ate of management of the Property and collection of rente, including, but not I ~ limited to, rece~ver s feea, praniwna on receiver e b on d s an d reasona b le a t t omey e fees, an d t hen t o t he suma e e c u r e d b y t h i s M o r t g a g e. T h e ~ reoeiver ahall be lieble to aoo~ant only tor thoee rente actually received: - ~ ~ ~ . CQ ~ . g~~uK ~O~ 'n~E 635 ~ ~ _ r-~' ~ • - - - - - - . - - - ,-.;;.v _ : - .,,s. _ . ~'y '~;,r-~'"'~~,.. 4..~~~~4~~'~'~"~;- . ;