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Home My WebLink About0589 , ~ 8. Ia~pectlon. Lender me~y anake or causs to be made eeawnable entrie~ upoa end in~pection~ oith~ property. provided tLat Lend~ shall Qive BorTOw~er notice prior to aay ~uch in~pectioa ~pecityi~ reewaebk caws therefa [elated to Lender'~ interesL in the Property. 9. Condetanation.'1Ls pmoee~ls of any ~ward o: claim ior dame~e~. direct or con~squential, in rnnnection with any ooademnation or ~ othe~r takin~ oi the property. ot part Wsreot. or for ooaveyaaoe ia lieu of condemnation. ars h~eby awi~ned aad ehall be paid Lo I.end~. In the event of a toW takin~ oi the Propsrty, the ptocesd~ she11 be aPPGed b We suuu secured by tluw Mortga~s, with tl?e ~oea, if aqy, paid to Borrowes. In the event of a partial taking of the Property. unlea Borrower u~d L.eader otherwias agres in writin~, thers shal(bs epplied to the sums ~ecnred by thi~ Mort~a~s anch propo~tioa ~ the proceeds aa ia equal to Wat proportion which the amonnt of the sum~ secured by this Mortgage immediately prior to the dste of takin~ bears b the tair market value oithe Property immediately prior to the date of takin6. ~viW the balance of the prooeed~ psid ~o Borrower. ' If the Prop~rty u abandoned by Borrower. or if. aRes notioe by Lendez to Borrow~ that the oondemnor o~en to make an a~vard or settk a ~ claim for damages, Borro~rer fails to respond to Lender withiu 30 days after the date auch aotica u mailed, Lender ir authorited to oollect and apply the prooeed~, at Lendds option. eith~ b redoratioa or repair of the propezty or to the sum~ secured by this Mortgage. Unlees Lender and Borrower otherwise agree in w:itine, any such applicetion of proceeds to principal ahall aot extend or postpone the due date of the montiily instaUments Teferred to in psragraphi 1 sad 2 henof or change the amount of such installments. 10. Borrower Not Released. Fa~tension of the time for p~ymant or modification of amodisation of the aums aecured by this Mortgage granted by Lend~ to any sucoeseor in intereat of Borrower shall not operate to release, in aay manner. the liability of the originel Borrower and Borrower'e succeasors in interes~ L,ender ahall not be required to oommence prooeedings againat such auocessor or refuse to estend time for payment or otherwiae modify amortization of the suma secured by this Mortgage by reason of any desnand made by the original Borrower and Borrowds successors in intereet. ~ 11. Forbearanoe by Lender Not s Waiver. My forbearanca by Lepder in ~ercaaing any right o~ remedy henunder, or otherwi~e a~orded by applicable law. shall not be a waiver of or preclude the exerciee of any snch right or remedy. The procurement of ina~raaoe or t}ie payment of tazes ~ oth~ lieas os charges by Lender ahall not be a waivez of I.ender's right to accelerate the maturity of the indebtednees eecurcd by this Mortgage.. 12 Remedies Cumnlative. All nmedies pmvided in this Mortgnge are distinct end cnmulative to any other right or remedy und~ this - Mortgage or afforded by law or equity, and may be eacercise~l ~ncurrent~y, independently or suooesaively. - 13. 8ucceeaon and Aseipu Bouad: Joint and Several I.iabillty; Captions.'11ie oovenanta and agreementa hezein oontaiaed ahall bind, and the righta hereunder ahall inure to. the respective enooessots and assigns of Lender and Borrower. eubject to the pmviaions of paragraph 17 hereot All covenants end agreements of Borrower shaU be joint and sevezal. The captions and headinge of the paragrapha of this Mortgage are for covenience oaly and are not to be uaed to interpret or defiae the pmviaioas hereof. 14. Notlce. E:cept for any notice required under applicable law t;o be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certi5ed mail addreeeed to Borrower at We Propedy Addc~ess or at ench oWer addnss as Bormwer may deeignate by notioe to Lender as pmvided herein, and (b) any notice to Lender shall be given by certified mail, return reoeipt requested, to Lender'e addreea etated herein or to such othrr addrees as Lender may designate by notice to Borrower ea provided h~ein. Any notice pmvided for in this Mottgage ahall be deemed to have been given to Borrower or I.ender when given in the manner deaignated herein. 15. Uniform Mortgage; Governing I.aw; Severability. Thia form of mortgage oombinea uniform oovenants for national uee and non- uniform rnvenanta with limitad variationa by juriedictioa to oonstitute a uniform eecurity inafruaient oovering real pmparty.'lUia Mortgage ehall be govemed by the law of the juriadiction in which the Property ia located. In the event that any pmviaion or clauee of tbis Mortgege or the Note contlicte with applicabie law~ auch conflict shall not af~'ect other provisions of this Mortgege or the Note which can be given effect without the oonflicting proviaion, and to thia ead the proviaiona of the Mortgage and the Note are declared to be aeverable. 16. Borrower'e Copy. Borrower shall be furniahed a coaformed oopy of the Note and of this Mortgage at the time of ~ecution os efter recordation hereof. 17.1'ranefer of the Property; Aesumption. U all or any part of the Property or an interest therein ia eold or traasferred by Boirower without Lender's prior written conaent, ezcluding (a) the ereation of a lien or encumbrance subordinate to thia Mortgage. (b) the creation of a purchase uwney aecurity intereei for houeehold appliancee, (c) a tranafer by devise, deecent or by operation of law upon the death of a joint tenant or (d) the grant of any leaeehold intereet of three years or leas not containing an option to purchaee. I.ender may, at Lender'e option. declare all the auma eecured by thia Mortgage to be immediately due and payable. Lender ahall have waived snch option to aooelerate if. prior to the eale or tranafer. I.ender and the person to whom the Prope:ty is to be eold or traneferred reach agreement in writing that the credit of such peraon ie eatiefactory to L.ender and that the interest payable on the aume secured by this Mortgage shall be at auch rate as Lender ahall I requeat. If Lender has waived the option to accelerate provided in thia paragraph 17, and if Borrower s auoceseor in intereet has ezecuted a written asaumption agreement accepted in writing by Lender, Lender ahall releaee Borrower from all obligationa under this Mortgage and the ~ Note. ~ If L.end~ e:erciBes auch option to aocelerate, Lender shall mail Borrower notice of accelezation in aooordance with paragraph 14 hereoL ; Such notice shall pmvide a period of not leas than 30 daya from the date the notice ia mailed within which Borrower may pay the euma declared ~ due. If Borrower faila to pay auch sums prior to the expiration of such peiiod, Lender may, without further notice or demand on F3orrower, ~ invoke any remedies permitted by paragrauh 18 hereof. i ~ 18. Acceleration; Remediea. Ezcept as provided in paragraph 17 hereof, upon Borrower's breach of any oovenant or ~ agreement of Borrower in this Mortgage, including the oovenanta to pay w6en due any sume eecured by thie Mortgage. Lender ~ prior to acceleration ahall mail notice to Borrower es prnvided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the dete the notice is meiled to Borrower, by which anch breach~must be cured; and (4) that failure to cure such breach on or before the date specified in t6e aotice may result in acceleration of the eums eecured by thie Mortgage, foreclosure by judicial proeeedtng and eale of the Property. T6e notice ehall further inform Borrower of the right to reinetate aRer acceleration and the rig6t to assert in the foreclosure proceeding the non-ezietence of a default or eny other defense of Borrower Lo acceleration and forecloeure. If the breac6 ie not cured on or before the date specified in t6e notice, Lender at Lender's optioa may declare all of the suma secured by this Mortgage to be immediately due and payable wit6out further demand and may foreclose this Mortga~e by judicial proceediag. Lender shall be ~ entitled to collect in such proceeding ell ezpenaea otforeclosure. including, but not Umited to, reasonable attorney's feea, and coets of documentary evidence, abatracte and title reports. ~ 19. Borrower'e Right to Reinatate. Notwi Wetanding Lendei s aoceleration of the eume secured by thia Mortgage, Borrower ahall have ~ the right to have any proceedinge begun by Lender to enforoe thia Mortgage discontinued at any time prior to entry of a judgment enforcing thie Mortgage if: (a) Borrower pays I.ender all auma which would be then due under thia Mortgage, the Note and notee eecuring I~ture Advancea, if any, had no acceleretion occurred; (b) Borrower cures all breachea of any other oovenante or agreementa of Borrower contsined in y t6is Mortgage; (c) Borrower pays all reasoaable eupenees incurred by I.ender in enforcing tbe oovenante and agreemente of Borrower aontained in this Mortgage and in enforcing Lender'a remediea es provided in paregraph 18 hereof, including, but not limited to. reaeonable ~ attorney e feea; and (d) Borrower takea auch action as Lender may reaeonably require to seaure that the lien of thia Mortgr.ge, Lender s interest ~ in the Property and Borrower'a obligation to pay the anms eecured by thie Mortgage ahall coatinue unimpaired. Upon such payment and c~re ~ by Borrower. thie Mortgage and the obligationa eecured hereby shall remain in full force and effect as if no aoceleration had occurred. ; ~ 20. Aesi~omeat ot Rents; Appointment ot Receiver. AB additional eecurity hereunder, Borrower hereby asaigne to I.ender the nn?te ~ of the Property, prnvided that Borrower shall, prior to acceleration nnder paragraph 18 hereof or abandonment of the Property, have the right ~ to coUed and retain snch rents ae they become due and paya~le. ~ Upon acceleration under paragraph 18 hereof or abandonme~t of the Proprrty, Lender ahall be entided to have a receiver appointed by a ~ oourt to enter~upon, take poeseaeion of and manage the Property and to rnllect the rents ot the Property, including thoee past duo. All rents ~ ooUected by the receiver ehall be applied 5rst to payment of the aoets of management of the Property and oollection of renta, including, bnt not ~ limited to, reoeiver'a fees, preminm~ on n~oeiver'e bonds and reaaonable attomey's fees, and then to the sums secvred by this Mortgage. The receiver shell be liable to a~ooount only for those rente actually received. ~ i ~ ~ , ~ 8001f eJV ~ p/~ ~