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Home My WebLink About0857 t ' 1 8. Iaspecttoa. l.cnder msy mahe or esuae to be made re~wneble eatrie~ upon aad 'uupection~ of tbe ptoperty, provided Ihat LeAder shall ~ give Borrower notice prior to an,y such irupectioa specifying reasonable cauae therefor related to Lender's interest in ths Prop~ty. ! 9. Condemn~tioa.'llie proceeda of any award or claim for damaQes. direct or co~oquential. ia connection witb any ooademaetioa o~ ; other taki~ of the property. or part thereof. or for coaveyance ia lieu of aondemnation, an hereby asaiQaed and ehall be paid b Lender. Ia the eveat of e btal taking of the Property. the proceeds ~hall be applied to the sua~s secured by thi~ Mortgage, with the ezoen. if aay. ~ paid to Borrower. In the event of a partial tating of the Propetty. unle~s Borrower and I.eader otherwi~e a~ree in writiag. there shaU be applied to the suma secured by this Mort~age such pmportion ot the proceedi as is equal to that proportion which the aznount of the eams eecnred by this Mortgsge immediately psior b the date of taking beara to the fair market value of the Property immediatelj? prior b the date of takin8. with We balanoa of the proceada paid to Borrower. if the Property ie abandoned by Borrow~. os if. aRer notice by Lender to Bo:rower that the oond~nnor ofters b wake an award or ~etde a claim for damages. Boreower faile to respond to Lender within 30 days aRar the date auch notioe is mailed, Lenda u authorised to oollect and ~ apply the proceeds. at l.endei s option. eiWer to restoratioa or repair of the propesty or to We eams secured by this Morfgage. Unleea Lender and Borrowes otherwise agree in writin6. anY such application of prooeed~ b ptincipal shall not ~tead or po~stpone the due date of the monthly installmeats referred to in paragre?p1~s 1 and 2 hereotor change the amount of such instatlmenta. } 10. Borrower Not Iteleaeed. E:tenaion of the time for payraant or modification of amortization of the aums aecured by this Mortgage ~ granted by [.ec?der to any succesaor in intereet of Borrower shell not operate to eeleaee. in anY manaer. the liability of the origiaal Borrower and Borrowei s eucceseors in interes~ 1.ender shall not be required to oommena proceedings against euch euccesaor or refuee to eztend time for payment or otherwise modify amortization of th~ auma eecured by this Mortgage by reason of any demand made by the original Bormwer z and Borrowez s aucceesore in intereet. i l. Farbearanoe by Leader Not s Waiver. Any forbearance by Leader in ezercising any right or remedy heieunder. or otherwise afforded by applicable law. shall not be a waiver of or preclude the ~ercise of any euch right or nmedy.'11ie procurement of iasurance or the payment of ta~ces or other liene or charges by Lender ahall not be a waiver of Lender'a right to aooelerate the maturity of the indebtedaess aecured by this Mottgage. 12. Remedies Gtitmulative. All remedies pmvided in this Mortgage are dietinct and cumulative to any other tight or remedy under thie Mortgage or afforded by law or equity, aad may be aercise~i caoncurreatly. independeady or suooesaivdy. 13 Successore and Aeaigae Boand; Joint and 3everal Liability; Captions. 7'he covenante and agreementa herein oontained shall bind, and the righte hereunder shall innre to, the respective ancceesors and aeeigna of Lender and Bormwer, sabject to the pmviaions of - paragraph 1? hereof. All covenants and agreemeata of Borrower ehall be joint and several.'l~e captions and headinge of the paragraphs of thia Mortgage are for covenience only and are not to be ueed to interpret or de5ne the provisions hereof. . - 14. NoNce. E:cept for any notice required under applicable law to be given in another mann~, (a) any notice to Borrower pmvided for in this Mostgage shall be given by mailing such notice by certified mail addreeeed to Borrower at the Property Addresaor at such other addrees as Borrower msy designate by notice to Lender aa pmvided herein, and (b) any notice b Lender ehaU be given by ~erti6ed mail. retum receipt requeated, to Lender a addreae atated herein or to auch other address es I.ender may designate by notioe b Bosrower aa provided herein. Any notice provided for in thia Mortgage shall be deemed to have been given to Bormwer or Lender whea given in the manner designated hez+ein. 15. Uniform Mortgage; Goveraing Law; Severability. Thia form of mortgage combinee uniform covenants for national uae and non- uniforan rnvenants with limited variatione by jarisdiction to oonetitute a uniform eecurity inattua~eat aovering real pmperty.'!liis Mortgage ahall be governed by the law of the jurisdiction in which the Property is located. In the event that any provieion or clause of this Mortgage or the Note conflicts with applicable law, such conflict ahall not affect other proviaiona of this Mortgage or the Note w+hich can be givea effect without the oonflicting provision. and to this end the provieione of the Mortgege and the Note are declared to be severable. ~ 16. Borrower's Copy. Borrower ahall be furniahed a conformed rnpy of the Note aad of this Mortgage at the time of eaecution or after recordation hereof. . 17. Transfer of the Property; Aasnmption. If all or any part of the Property or an intereat therein ie sold or traneferred by Borrower ~ without Lender B prior written coneent, excluding (a) the creation of a lien or encumhranoe subordinate to thie Mortgage, (b) the creatioa of a ! purchase money eecurity intereat for household appliancea, (c) a transfer by devise, deecent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three yeare or lesa not oontaining an option to pnrchase. I.ender may, at Lender'e option, declare all the sums aecured by thia Mortgage to be immediately due and payable. Lender ahall have waived such optioa to aocelerate if. prior to the sale or transfer, Lender and the pereon to whom the Property ia to be eold or transferred reach agrcement in writing that the credit of snch person is aatisfactory to [.ender and that the internBt payable on the sums aecured by thia Mortgage shall be at auch rate aa Leader ahall request. If I.ender has waived the option to aocelerate provided in this paragraph 17. and if Borrower's aucceeaor in interes! haa ezecuted a written asaumption agreement accepted in writing by Lender, L.ender ahall release Borrower from altobligations under this Mortgage and the I Note. . - ~ ; If Lender e~cercisea such option to accelerate, Lender ahall mail Borrower notice of acceleration in accordance.with paragraph 14 hereof. t Such notice ahall provide a period of not lesa than 30 days from the date the notice ia tiailed within which Borrower may pay the auma declared ! ' due. If Borrower fails to pay auch auma prior to the exp'vation of such period, L.ender may, withont further notice or demand on Borrower, ` ~ mvoke any remedies permitted by pazagraoh 18 hereof. ~ S 18. Acceleration; Remedies. E:cept se provided ia paragraph 17 6ereof, upon Borrower's breach of any oovenant or ~ agreement of Borrower in this b[ortgege, including the oovenante to pay when due any sums eecured by t6ie Yortgage, Lender prior to aoveleration ahall mail.notice to Borrower ea provided in paragraph 14 bereof epecifying: (1) the br~ach; (2) tbe action required to cure such breac6; (3) a date. not leas than 30 daye from the date the notice ia mailed to Borrower. by which such breach muat be cured; and (4) that failure to care auc6 breach on or before the date epecified in the notice may result in acoeleratioa of the suma secnred by this Mortgage, foreclosure by jndicial proc~eding and sale of WeProperty. The notice ehall ~ further inform Borrower of the right to reinetate after acceleration and the right to assert in the foreclosure proceeding the non-e:istence of a default or any other defense of Borrower to acceleration and forecloaure. If the breach is not eured on or before the date specified in t6e notice, Lender at Lender's option may declare all of the aume eecured by this Mortgage to be _ immediately due and payeble without further demand and may toreclose t6ia Mortgage by judicial proceeding. Lender eha11 be ~ entitled to rnllect in such proceeding ali e:penses of foreclosure, including, but not limited to, reasonable attorney's feee, and ' costs of documentary evidence, abatracte and title reporte. ; ~ 19. Borrower's Rig6t to Reinatate. Notwithstanding Lender's aaeleration of the aume secured by thia Mortgage. Borrower shall have ~ the right to have any peoceedings begun by Lender to enforoe this Mortgage diec~ontinued at any time prior to entry of a judgment enforcing thia Mortgage if: (a) Borrower pays Lender all auma which would be then due under this Mortgage, the Note and notea securing Future ~ Advancea. if any, had no acceleration occurred; (b) Borrower curea all breachea of anyothercovenanta or agreementa of Borrower contained in ~ thie Mortgage; (c) Borrower pays ell ressonable eapenses incarted ~y Lender in enforcing the oovenante and agreementa of Borrower ' ~ contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, inclnding, but not limited to. reaaonable z A attorney's fees; and (d) Borrower takes auch action as I,ender may reseonably require to asaure that the lien of thia Mortgage. Lender's interest ~ ~ in the Pmperty and Borrower's obligation to pay the eume secured by this Mortgage shall continue unimpaired. Upon auch payment and cure ~ by Borrower, thi8 Mortgage and the obligations aecured hereby shell remain in full force and effect as if no acceleration had axurred. ~ 20. Assignment of Rente; Appointment of Rcceiver. M additional security herennder, Borrower hereby assigna Lo L.ender the rents of the Property. pmvided that Borrower ahall, prior to aoceleration under paragraph 18 hereof or abandonment of the Property, have the right ~ to collect and retain such rents as they become due and payable. : ~ Upon acceleration under peragraph 18 hereof or abandonment of the Property. I.ender shall be entitled to have a receiver appointed by a oourt to enterapon, take_posaeesion of and manage the Proprrty and to collert the rents of the Property, including thoee paet due. All renta ~ coileci~ed by 1he receiver shaU be applied firat to payment of the ooate of management of the Property and rnllection of renta, including, bnt not . ~ limited to, n~oeiver's feea, premiwns on receiver's bonds and reasonable attomey'e feea. and then to the suma secured by this Mortgage. The receiver shall be liable to.acoount only for those renta actually received. ~ . ~ 1 g,~~K 302 ~r.~~ 857 ~ ~ . ~ - ~_r . _ . _ ~