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Home My WebLink About0101 _ i , ; ~ 8. Iaspectloa. Lender may make or caws to be made rsa~onabls artrie~ upon aad inapectiona of the proprcty, provided Wet Lendec ~hall ~ give Borm~ver aotice piior to aq~r such iaipectioa sPecibrin~ neiaoc~abk cawe tt?eseto: related to Lend~ ~ interat in We P~o~rty. . 9. Condemnatioa.'R~e prooeed~ of any award or claim for dema~e~. direct a~ oozuequeatial. in ooaaectiou w~itL any oondemnation or oth~ taki~ of We P~P~kY. o~ part thereof. or for ooaveyanos ia lieu of ooademnation. are hereby a~si~ned and ~hall bs paid to l.eader. ~ In the ev~t of s total takin~ of the Property, the prooesds ~hall be applied b the suau secured by thi~ Mort~ege. with tbe euea. if at?y, y paid to Bore~o~rer. In the event ot a peutial tslun~ of the Property. unlea Borrower and I~eude: oWenvi~e a~ree in ~rritit~~ thers ~heU be ~ applied to the ~ums secured by thi~ Mort~age wch ~oportiou of tl~e proceed~ ai is equal Lo that propostion Mrhich the amonnt of the suma eecvred by this Mort~aQe immediately prior to the date ot takin~ bea» b the fair masket value of the Property immediate~jr prior ta We date of ~ taking, wieh the balana~ of We proceed~ paid to Borrower. , If W e Property u ebendoned by Botrowet, or if, atler notios by Lendar to Borrow~ that the oondemnor o~en to make an a~vard o: ~ettle a 4 claim for damage~. Borro~ver faib to t~e~poad to Lender within 30 days eR~er the dab iuch aotioe is mailed, Lend~ is authorir~ed b oollect and ~ apply the proceeds. st Lendez's option. eiWer to restosation or repair oi the ~operty ~ to the ~ums ee~wred by this Mat~a~e. # Udess I.ender and Bo=rower otherwi~e agree in wsiting. any snch application of prooeed~ to principal ahaU not e:tend or pwtpone the due _ date oi Lhe monthly installmenb nferred to ia paragraphs 1 and 2 hereof or chaags tbe emoant of auch inetallmeats. 10. Borrower Not Relessed. E:tenaion oi the time for paymant or modification of araortisation of the sums eecured by this Mortgage ; grant,ed by I.enda to any ancoeasor in interest oi Borrower shaU twt operate to release. in any manner. the tiability of the original Borrower and Borrower's sncceasors in intereat Leader ahaU not be required b aommenoe pmceedings agaiwt such suoceasor os refuse to eutend tiiue for payment or othervvise modify amortisation of the eums aecured by this Mortgage by reason of eny demand made by the original Borrovre: and Borrowefe suooeseora in iatereet. ~ 11. Forbearanoe by Leader Not a Waiver. My forbearanoe by I.ender in ezerca~ing any right or remedy herennder. or otheiwi~e aftorded by applicable law. shall not be a waiv~ of or preclude the ~ercise of any such right or nmedy.'ILe procunmeat oi insurauoe or the payment of ta~ces or other liens or chargea by L,e~der ahali not be a waiver of Leader's right to aocelerate We maturity of the indebtedness ~ eecnnd by this Mortgage. 12 Remedie. (.'amulative. All remediee pmvided in thia Mortgage are distinct and cumnlative to aqy ot6er right or nmedy nnde9r thia { Mortgage or ai'[orded by laa or equity. and may be ra~eirise~i ooncurrendy. indepeadendy or suaoe~sively. # 13. 3uc~ewrs and Assigns Bound: Joint and 3everal Liability; Captions. The oovenants and agrcemeate herein aontained ehall 1 bind, and the rights hereuader shall inare to. the respective succeeaors and aasiBns of I.eader and Botrower. aubject to the pmvisione of paragraph 17 hereoL AU oovenanta and agreementa of Borrower ahall be joint and several.'!be captions and headings of the paragrapha of thia Mo~tgage are fot covenienoe only and are twt b be ueed b interpret or define the proviaions hereof. - ? 14, N~~i~- _F.:cept for any notioe required under aQolicable law to be ~[ivea in another mannet, l~ anv notice to Borrower pmvided for ia ~ thia Mortgage ahall be given by mailing auch notice by certified mail addressed to Boie+nwer at the Property Address or at anch M,her address es ~ Borrowe~ may designate by notioe to Leader as provided herein, and (b) any notioe to Leader,~hs11 be given by certified meil, r~rn noeiPt ` requeated, to Lende~e address stated haein or to such other addreee as Lender msy designat`e by notioe to Borrower aa provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or I.ender when given in tbe manaer designated herein. 15. Uniform Mortgage; Governing Law; $everab~llty. Thia form of mortgage oombinea uaifornu oovenants for national use and non- uniform oovenaats with limited variations by juriadiction to oonstitnte a uniform secarity inatrument oovesing real property. Zbis Moctgage ~ shall be goveraed by the law of the jariadiction in which fhe Property ia located. In the event that any provision or clanse of thia Mortgage or ~ the Note conilicta wiW applicable iaw, auch oonilict dhall not affect other provieioas of this Mortgage or the Note which can be give~ egect without the oontlicting pmvision, and to thie end theproviaiona of We Mortgage and the Note are declered to be eeverable. . ` 16. Bore'ower's Copy. Borrower shall be furniahed a oonformed oopy of the Note aad of this Mortgage at tl~e time of ezecutioa or afte~r recordation henof. ~ 17. Transfer of fhe Property; Assumption. If all or any part of the Property or an interest therein is eoW or tranefernd by Bormwrr ~ without Lendefs prior written consent, e:cluding (a) the creation of a lien or encumbrance subordinate to this Mortgege, (b) the creation of a ~ purchaae money secnrity interest for househoW applianoes, (c) a tranafer by deviae, descent or by operation of law upon the death of a joint £ tenant or (d) the grant of any leaeehold iatereat of three yeare or leas not oontaiaing an option to pnrc6ase, Lender may, at Lender's option, ~ declare all the sama eecured by thia Mortgage to be immediately due and payable. I,ende~ ahall have waived such option to accelerate if, piior ~ ~ to the sale or tranafer, Lender and the pereon to wrhom the Property ia to be eold or transferred r~ach agreement in writing that the credit of snch person is aatiafactory to Lend~ and that the interest. payable on the enma eecured by thie Mortgage ahall be at snch rate as Lender ahall requeat. If Lender hae waived the option to acoelerate prnvided in thia paragraph 17, snd if Borrower's aucceeaor in interest hae ezecuted a w-ritten assumption agreement acxepted in writing by Lender, Lender ahall releaee Borrower firom all obligations ander thia Mortgage and the ' ` N ote. ~ ~ If Lender euercieee such option to accelerate, Lender ahall mail Borrower aotice of acceleration ia socordance with paregraph 14 hereoi ~ ' Such notice shall provide a period of not lesa than 30 daya from the date the notice ia mailed within which Borrower may pay the a~ma declared ° s due. U Borrower faile to pay such euma prior to the e:p'vation of auch period, I.ender may. without-further notice or demand on $orrower. ' ~ invoke any remediea permitted by paragraoh 18 hereof. ~ 1S. Acceleration; Remediea E:cept as pmvided in paragraph 17 hereof~ upon Borrower's breach of any oovenant or °i € agreement of Borrower in this ~origage, inclading t6e oovenants to pay w6en due any sums secured by this l~iortgage. Lead~ " ~ prior to aoceleration shall mail aotice W Borrower ae provided in paragraph 14 hereof epecifying: (1) the breac6; (2) the adion ; ~ required to enre suc6 breach; (3) a date, not less than 30 days lfom the date t6e notice is mailed to Borrower. lry wbich sach ~ ~ breach muet be.cured; and (4) that failare to cure euch breach on or before the date epecified in the notioe may result in acceleration of the eums secured by this ~lortgage, foreclosure by judicial proceeding and sale of the Property. The notice ehall further intorm Borrower otthe right to reinetate atter aoceleration and the ri~t to assert in the foreclosure prooeeding the non-e~stence of a c~fault or any other defense of Borrower to soceleration end toreclosure. If the breach is not cared on or before t6e date specified in t6e notice, Lender at Lender'e option may declare all of the sume eecu=ed by this Mortgage to be ~ i mmediately due and~payable without further demand and may toreclose this Mortge~e by judicia! proceeding. Lender shall be entitled to oollect in such proceeding all ezpensea of foreclosure. including, but not limited to, reaeonable attorney'e feea, and coets of documentary evidence. abstracts and tide reports. 19. Borrower's Right to Reinstate. Notwithatanding Lender'e acceleration of the auma secnred by thie Mortgage, Borrower ehall have ~ the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior Lo entry of a judgment enforcing ~ thia Mortgage if: (a) Borrower pays Lender all aume which would be then due under this Mortgage, the Note and notes eecuring ~ture Advances, if any, had no acceleration occurred; (b) Borrower cures all breachea of any other oovenants or agreemente of Borrower rnntained in ~ ~ thie Mortgage; (c) Borrower paye all reasonable e~cpenaee incurred by I.ender in enforcing the oovenante and agreementa of Borrow~ - ~ oontained in thia Mortgage and in enforcing Lender e remedies ea provided ia paragraph 18 hereof, including, but not limited to, reasonable ' attomey's feea; and (d) Borrower takee such action se Lender may reaeonably require to aesure that the lien of thia Mortgage, Lendez'a interest ' ` in the Property and Bormwer a obligation W pay the aume eecured by thia Mortgage ahall rnntinue unimpaired. Upon such payment and cure ` by Borrow~, this Mortgage and the obligationa secured hereby ehall remain in full force and effect se if no aoceleration had occurred. ~ s~ 20. Aseignment of Rents; Appointment of Receiver. Aa additional ~rity hereunder, Borrower hereby assigns to Lender the rents ' ? of the Property, provided that Borrower shall, prior to sooeleration nnder paragraph 18 hereof or abandonment of the Property, have the right ~ to collect and retain such renta as they become due and payable. ~ x? Upon acceleration under paragraph 18 hereof or abandonment of the Property, I.ender ahaU be entided to have a receiver appointed by a = ~ oourt to enterapon, talce poseeasion of and manage the Property and to collect the renta of the Property, including thoee past due. All renta collected by the receiver shall be eppiied first to payment of the ooats of manag~ent of the Property and oollectioa of renta, including, bnt not ~ ~ limited to, receiver'a feee, premiums on receiver e bonds and reasonable attorney'a fees, and then to the same secured by this Mortgage. The ~ ~ receiver ahall be liable to account only for thaee rents actually reoeived. ~ '~i~K ~V~ ~:'~1~( ~Ol ~ ~ . - _ . . ~ ~ ~ r : , - ~ ~ a., _a f.. u~