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Home My WebLink About0238 • j ~ t ` ~ 8. Inspectioa. Lender may make or cau~e to bs made rsswnebk eatsie~ upon and iaapection~ of the property. provided that I.sad~ ah~l! ~ give Borrqwer notios prior b any ~uch inspection ~I~eabria~ re~waable cauis thenfos rslated to I.onder'~ iRte[e~t ia the PropRt,p. ~ ~ 9. Condemn~don.'ll~e prooeed~ of any awerd or claim for dama~e~. direct or ootuequeatial. ip copn~ctloa with aqy oopdemnatioa or ~ otl~~ taking oi the pmpeK,y. or psrt Wereoi, or fo~ ooaveyaace in lieu of oondemnatioa. ars hereby a~si~ned end ~haB b~ paid to Lsader. Ir the ev~t of a total takin~ of the Property, the prooeeds ~he?U bs applied to We ~um~ aecared by this Mort~a~0. aith t~he esceM, if uiy. ~ paid to Borrower. Ia the ev~t of ~ partid taking of We Propeety. uales~ Borro~ver and I.ender otl~erw~i~s a~res ia writin~, Were ~hall be applied to the sum~ sec~red by thi~ Mort~age ~nch propo~tioa ot ths prooeeds as i~ equal to that ptoportion which the amount of We euau { secu~ed by thia Mortgs~e immedistsl,y ~ior to the da~e of taking bean to the fair muket value of the Property immediately p~rior to the date of . ~ taking, ~viW the belenoe of the psooeed~ paid b Horrower. If the Propert,y b abaadoaed by Borrorver. or if. sftes notica by Leade~ to Borrower that the ooad~naor ogen to make an awerd or ~ettle a claim for dama~e~. Borrowes fe~il~ to rapond to Leader withiu 30 days aRe~ the date ~nch notica u mailed, Lend~ is authorised to ooUect ead ~ apply tbe pinoeed~. at Lender'~ optioa, eitAer to redontion or repair of the p~ty ar b the sums ~ecured by this Mortga~e. ; Ualess Lender and Borrower otberwiis ~ree in writing. aqy snch application of prooecd~ to principal ~haU not e~ct~end or po~tpone We due ~ date oi the month~y installmenta referred tu in pasagraph~ 1 snd 2 hereoi os chanQs ths amoaat of such uutallmeats. 10. Borrower Not Released. Sxtension of the time for paymant ot modification of amortization of the suma sec~ued by this Mortgage ~ grantEd by Leader to any sncoeeaor in interest of Borrower ahall not operate b raleaee. in any manner. the liability of the original Botrower and Borrowet'~ auocesaon in interes~. I.eAder shall not be required to oommence prooeedings against such suaoeesor or nfuse to e~ead time ~ for payment or otherwise modi[y amortization of the sums secured by this Mortgage by reason of any deanand made by the original Bos»wer ~ and Borrowa~s successore in interest. 11. Forbearanoe by Lender Not a Waiver. My forbearanos by I.ende~ in ~ercising any right or remedy hereunder. or otherwi~e ~ afforded bp appficable law. ahall not be a waiv~ of or preclnde the ezercise of any snch right or remedy.'!Le procurement of inaun~noe or We ~ paymeat of te~e~ or other liens or chargsa by Lende~ shall not be a waiver of I.ender's =ight to acoslazate t6e maturity of the indebtedness ~ exured by this ~lortgaQe. 12. Remedie~ Cumulative. All remcdies provided in this Mort~age are distinct at?d cnmulative to any other right o~ remedy und~ tbi~ Mortgage or afforded by law or equity. and may ba ezercised ooacarrently, independeatly or snooeasively. 13 3noceswrs wad Assi~ Bound; Joiat and Severwl I.iabilitp; Ceptions.'lt?e oovenaata and agreemeate herean contained shall bind, and the rights hee~eunde! ahall inure to. the respective enooessors and aasigns of Leader and Borro~ver. snbject to the proviaiona of paragraph 17 hereof. All covenaats and agreemenLs of Borrowu shall be joint and saveral. The captions and headiqgs of the paragraphs of thia M~tgage en for oovenience only and an not to be used to inLerpret or de5ne the proviaions hcnof. 14. Notice. Exoept for any notice required under applicable Ia~v to be given in another mann~, (a) any notice to Borrower pmvided for in thie Mortgege ahall be given by maiWUc anch notioe by certified mail addreeeed to Bormwer atthe Propetty Address or at such oWer addre~s as Borrower may designete by notioe to I.ender as provided herein, aad (b) say notioe to I.ender shall be givea by ceitified mail, retnm reoeipt requested. to Lender's address stated hezein or to ench other address as Lender may deeignate by notice to Bonowez as provided herein. Any notice provided for in this Mortgage shall be deemed to 6ave bcen given to Borrower or I.ender when given in the manner designated herean. ~ 15. Uniform ~[ortgage; Governing I.aw; Severability. Thia form of mortgage oombinea uniform oovenants for national use and non- uniform covenants with limited variatioas by jnriedidion to oonstitute a uniform eu.writy inatrument opv~ ing real property. Thia Mortgage ahall be goveraed by the law of the jurisdiction in which We Propetty is located. In the event that any. pmviaion or clauee of thie Mortgage or ' the Note conflicts with applicable law, auch conflict shaU not agect other pmviaiona of thi.s Mortgage or the Note which can be givea effect. without We oonilicting proviaion. and to this end the provieioae of the Mortgage and the Note are declared to be eeverable, ~ 1& Borrower's Copy. Borrower ahall be furniahed a oonformed oopy of the Note and of this Mortgage at tt?e time of euecntion or after ~ recardation hereof. 17. 'l5ranafer ot the Property; Aaeumption. If all or any part of the Property or an intereet therein ie eold or transferred by Borrower without Lender's prior written conaent, escluding (a) the creation of a lien or eacumbrance subocdin ate to fhia Mortgage, (b) the creatioa of a pnrehaee money security intereat for houaehold appliancea. (c) a tranafer by deviae, desoent or by operation of law upon the deaW of a joint tenant or (d) the grant of any leaeehold intereat of three yeare or leas not oontaining an option to pnrchaee, Lender may. at L,ender's option, . declare all the suma eecured by thia Mortgage to be immediately dne and payable. Lender ahall have waived auch option to aocelerate if, prior to the eale or tranafer, Lende~ and the peraon to whom the Property is to be sold or traneferred reach agreement in writing that the credit of ench person ia eatisfactory to I.ender and that the iaterest payable on the aums secured by thia Mortgage ahall be at such rate ae I.ender ahall request. If Lender has waived the option to aooelerate provided in thia paragraph 1T. and if Borrow~a sn~ceeaor in interest has ezecnted a ~ written asaumption agreement socepted in writing by I.ender, Lender ahall release Borrower firom all obligationa under thia Mortgage and the $ Note. ~ ' ! If I.ender ex~ciaes auch option to aooelerate, l.ender shall mail Borrower notice of aoceleration in sooordence with paragraph 14 hereoL ~ j Such notice shall provide a period of not less than 30 daya from the date the notice ia mailed within which Borrower may pay the auma declared ~ due, If Borrower faila to pay auch aums prior to the ezpuation of auch perioa, Lender may, withont further notice or demand on ~3orrowez, ` ~ invoke any r~edies p~mitted by paragrauh 18 hereof. 7 ; I 18. Acceleration; Remedies. Ezcept aa provided in.paragraph 17 hereof, upon Borrower's breach of anp oovenant or E ~ agreement of Borrower in thie Mortgage, including the oovenante to pay when dne any same eecured by thia ~ortgage, I.ender prior to acceleratlon ehall mail notice to Borrower as prnvided in paragraph 14 hereof epecifying: (1) tbe breacL; (2) the action ~ reqaired to cure such breach; (3) a date, not lesa Wan 30 days from the date the notice is mailed to Borrower, by which snch } ~ breach must be cured; and (4) that fatlure to cnre euch breach on or before the date specifed in the notice maT result in ` ~ aoceleration of the sums sec~red by t6ia Yortgage, foreclosure by judicial prooeeding and sale of the Property. The notice ahall ~ furtber inform Borrower of tbe rigbt to reinstate aRer aoceleratioo and the right to assert it~ tbe foreclosure proce~ing the ~ non-ezistence of a defaait or any other defenae of Borrower to acceleration and foreclosure. If the blreach ia not cared on or ~ before the date specified in the notice, Lender at Lender'a option may declare all of the sams secured by this ~ortgage to be ~ immediately dne and payabie without furt6er demand and may forecloee this Mortgege by judicial procxeding. Lender ehall be f entitled to oollect in suc6 procecding all ezpenaes of foreeloaure, including, but not limited to, reasonable attorney's feea. and ~ coets of documeatary evidence, abetracts and title reports. ? 19. Borcower's Right to Reinstate. Notwithatanding Lender'e aoceleration of the sume eec~+ed by thie Mortgage, Borrower ehall have ~ the right to have any proceedinge begun by I.ender to enforce this Mortgage dieoontinued at any time prior to entry of a judgment enforcing ~ thia Mortgage if: (a) Borrower pays Lender all suma which would be then due under this Mottgage, the Note and notea securing Futuie ~ Advances, if any, had no acceleration occurred; (b) Borrower eqrea ell breachee of any other covenante or agreementa of Borrower contained in y thia Mortgage; (c) Borrower pays all reaeonable ~peneea incarred by Lender in enforcing the covenants and agreemente of Borrower ~ ~ oontained in this Mortgage and in enforcing Iender'e remedies as provided in paragreph 18 hereof. including, bnt not limited to, reasoneble ~ attorney's fcea; and (d) Borrower takes auch action as Lender may reasonably require to assure that the li~ of this Mortgage, Lender's interest ~ in t6e Prope:ty and Borrower's obiigation to pay the enms eecured by thie Mortgage shall rnntinue unimpaired. Upoa euch payment and care ~ h by Borrower, this Mortgage and the obligatione eecured hereby ahall remain in fiill force and effect se if no soceleration had occurred. ~ ~ ~ 20. Aesignment ot Rents; Appointment of Receiver. As additional eecurity hereunder, Borrower hereby a$eigna to Lender the r~ts ~ of the Property, pro~~ded that Borrower shall, prior to acceleration under paragraph 18 hereof or ahandonment of the Property, have the right ~ ~ to oollect and retain ench rents aa they become due and peyable. - = ~ Upon acceleration under paragraph 18 hereof or abandonment of the Property, I.ender shall be entided to have a reoeiver appointed by a ~ ~ aourt to entera~pon. talce poeaession of and manage the Property and to coUect the rents of the Property, including thoee past due. All renta ~ oollected by the receiver ahall be applied 5ret to payment of the aoats of management of the Property and collection of rents, inclnding. but not limit~ed to, rEceiver's fces, premiuma on receiver i bonda and reasonable attorney's fces, and then to the sums eecared by this Mortgage.'Phe ' ~ receiver ehall be liabie to aooount only for those rents actnaUy received. ' ~ - z i ~ D~ ~ ~ ~ ~ i ~ ,;.,~y , . r~.~ ; ~ ~~'FC`c~' ,r~("'~'C~} +s 5 ^'s-2 ~ . . = R_ y ; ~ ~ ~ . . . . . _ . ..x~ ~:'~;..•:3 . . _