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Home My WebLink About0823 ~ , w 8. Iaspectlon. Lender may make or cawe to be made reawnable entries upoa end inepections of the pmpe~y, provided that Lender shall give Borrower notice prior to any such inspection specifying nasonable cause thenfor related to Lender's intereat in the Property. 8. Coadempatloa.'ll?e proceeds of any award or claim !or damaQes, direct or co~sequential. in connection with any oondeaanation or othez taki~ of the property, or part thereof. or for rnaveyance in lieu of oondannatioa. are hereby assigned and ahall be paid b I.ender. In the eveat of a total tal~jng of the Property. the pmceeds ahaU be applied to We swns secured by this Mortgn~e, writh the ancew, if any, psid to Borrower. In the event of a partial taking of the Property. unlees Bormwer and I.eader otherwiee aQree in writing. then shall be applied to the sums securai by thie Mortgage such pmportioa of the proceed~ as u equal to that proportion which the amonnt of the sums eecured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, arith the balanca of the pmceeds paid to Borrower. If the Property is abandoned by Borrower, or if, aRer notice by Lender to Borrower thet the oondemnor offers to make an awud or setde a claim for dameges. Borrower fails to nspoad to Lender within 30 dsys after the date such notice is mailed. Lender ie authorized to coUect and apply the proceeds. at Lendez's option. eith~ to resto~ation or repair of the property or b the sams ~ecured by this Mortgage. Unleee Lerider and Borrowar otheiwise agree in writing, any such application of p:ocada to principal shall not e~ctend or poetpone the due _ date of the monthly inatallments refen+ed to in paragraphs 1 and 2 hereof or change the emouat of such instaltmenfa ' 10. Borrower Not Released. Extension of the time for paym:nt or modification of amortization of the eums eecured by this Mortgage granted by Lender to any succeaeor in interest of Borrower ahall not operate to release, in any manner, the liability of the original Borrower and Borrower's eucceeaore in intereet~ I.ender shall not be required to oommence proceedinga against auch aucceswr or retuse to extend time for payment or otherwise modify amortization of the euma secured by thia Mortgage by reaeon of any demand made by the original Borrowet and Borrower'e sueceeeora in interes~ 11. Forbesrance by Leader Not a Waiver. My forbearance by Lende~ in ~enising any right or remedy hereunder, or ofherwise afforded by applicable laa, shall not be a waiver of or preclude the e:erciae of any such right or remedy. The procurement of ineurance or the ~ payment of taxes or other liens or charges by Lender shall not be a weiver of Lendei s right to accelerate We maturity of the indebtedness aecured by thia Mortgage. 12 Remedies Cumulative. All remediea provided in thia Mottgage are distinct and cumulative to any other right or remedy under this Hiortgage or aftorded by law or eqaity. and may be exerciee~i rnncurrendy, independendy or succeeaively. 13. 3ucceasore and Aaeigne Boand; Joint and 3everal Liability; Captione. The covenanta and agreemente herein oontained shall bind, and ihe righte hereunder ahall inure to, the respective eucceeaors and essigns of I.ender aad Borrower, eubject to the pmviaione of paragraph 17 hereof. All covenante and agreemente of Borrower ahall be joint and eeveral. The captionB and headings of the paragraphe of thia Mortgage are for covenience onty and are not to be nsed to interpret or define the provieione hezti.wf. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this 111ortgage ahall be given by mailing such notice by certified mail addreae~.d ta Borrower at the Property Addreae or at auch oLher addrees es Borrower may deeignate by aotice to I.ender as provided herein, and (b) any notice to I.ender ehall be giv~nn by certi6ed mail, returu receipt requested. to Lender'e addreas etated herein or to such other addrees ea Lender may designate by notice to Borrower as pmvided herein. Any notice provided for in thia Mortgage ehall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Mortgage; Goveraing i.aw; 3everability. Thia form of morigage combinea uniform aovenanta for national use and non- uniform covenanta with limited variatione by juriediction to oonetitute a uniform eecurity inatruruent oovering ceal pmperty. Thie Mortgage ~ shall be govemed by the law of the jurisdiction in which the Property ie located_ In the event that any proviaion or clauee of thie Mortgage or ~ the Note contUcta with appGcable law, such conflict ahall not af'f'ect other proviaions of this Mortgage or the Note which can be given effect K~thout the eonflicting proviaion, and to thia end the provieiona of the Mortgage and the Note are declared to be eeverable. 16. Borrower'e Copy. Borrower ahall be furniahed a rnnformed copy of the Note and of thia Mortgage at the time of euecutiun or after recordation hereof. 17. Traaefer of the Property; Aseumption. If all or any part of the Property or an intereat therein ia eold or tranaferred by Borrower without Lender's prior written conaent, excluding (a) the creation of a lien or encumbrance subordinate to thia Mortgage, (b) the creation of a purchaae money security interest for houeehold appiiances, (c) a tranater by deviee, deacent or by operation of law upon the death of a joint :~nant or (d) the grant ~ any leaeehold interest of three yeara or leae not oontaining an option to purchaee, Lender may, at I.ender a option, declare all the suma eecnred by this Mortgage to be immediately due and payable. I.ender ahall have waived such option to accelerate if. prior to the eale or transCer, I.ender and the peraon to whom the Property ia to be aold or traneferred reach agreement in writing that the credit of auch peraon ia eatisfactory to Lender and that the intereet payable on the suma eecured by this Mortgage shall be at auch rate ae Lender ahall , request. If I.ender haa waived the option to accelerate provided in this paragraph 17, and if Borrowefa successor in intereet has e:ecuted a w-ritten ass!imp~on agreement aocepted in writing by Lender, Lender shall releaseBorrower from all obligationa under thia M~rtgage and the ~ Note. " If Lender exerciaes such option to accelerate, I.ender ahall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice ahal) provide a period of not less than 30 daya from the date the noEice ia rr.ailed within which Borrower may pay the auma declared ~ due. If Borrower fails to pay auch auma prior to the expiration of such period, Lender may, without further notice or demand on ~3orrower, mvoke any remedies permitted by paragraoh 18 hereof. , 18. Acceleration; Remediea Ezcept as provided in paragreph 17 6ereof, upon Borrower's breach ot any oovenant or i agreement of Borrower in thie Mortgage, including the oovenante to pay when due any sums secured by this Mortgage, Lender ! prior to aoceleration shall mail notice to Borrower se provided in paragrap614 hereof specifyiag: (1) the breach; (2) the action ; required to cure Buch breach; (3) a date. not lesa than 30 daye [rom the date the notice ie mailed to Borrower, by which euch ~ breach must be cured; and (4) that failure to cure suc6 breach on or before the date specified in the notice may reault in ~ acceleration of the sume eecured by t6is Mortgage. forecloaure by judicial proceeding and sale of the Property. The notice ehall further inform Borrower of tbe right to reinstate aRer acs~eleration and the right to aesert in the forecl~ure prceeeding the ~ non•eziatence of a default or any other defense of Borrower to acceleration and forecloeure. If the breach ie not cured on or g before the date epecified in the notice. Lender at I.ender'e option may declare all of the eume eecured by thie Mortgage to be ~ immediately due and payable without further demand and may forecloee t6is Mortgage by judicial proceeding. Lender ahall be ~ entitled to collect in auch procceding all e:penaea of forecloaure, including. but not limited to, reasonable attorney's feee, and ~ coats of documentary evidence, abstracte and title reporte. ~ 19. Borrower'e Right to Reinetate. Notwithatanding I.ender a acceleration ofthesumaeecured by thie Mortgage, Borrowershall have ; the right to have any proceedinga begun by Lender to enforce thia Mortgage discontinued at any time prior to entry of a judgment enforcing ~ thie Mortgage if: (a) Borrower paye Lender all aums which would be then due under this Mortgage, the Note and notea securing Future Advancea. if any, had no acceleration occurred; (b) Borrower curea aU breachea of any othercovenante or agreements of Boaower contained in ~ this Mortgage; (c) Borrower paye all reasonable expenaea incurred by Lender in enforcing the covenante and agreemente of Borrower rnntained in this Mortgage and in enforcing Lender e remediea aa provided in paregraph 18 hereof, including, but not limited to, reasonable attorney e fees; and (d) Borrower takea auch action se Lender may reaeonably require to aseure that the lirn of thie Mortgage, Lender's interest in the Property and Borrowe~e obligation to pay the auma secured by this Mortgage shall continue unimpaired. Upon euch payment and care _ by Borrower, thie Mortgage and the obligations secured hereby ehall remain in full force and effect se if no acceteration had occurred. 20. Aasignment otRente; Appointment of Receiver. As additional security hernunder, Borrower hereby aesigna to Lender therents : of the Property, provided that Borrower ahall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to colled. and retain auch rents ae they become due and payable. ~ Upon aooeleration under paragraph 18 hereof.or abandonment of the Property, Lender ahall be entitle~ to have a rec~eiver appointed by a rnurt to enterupon, take poaeeseion of and manage the Property and to collect the rente of the Property, including thoee past due. All renta ~ oollected by the r_~ceiver shall be applied firet to payment of the oosts of managementof the Property and collection of rente, including, but not ` limited to, receiver e fees, premiume on receiver e bonda and reaaonable attorney a feea, and then to the eums eecurEd by tbis Mortgage. The ~ receiver shall be liab}e to aooount only for those rente aMually received. ~ ~ ~ = so~~3t17 Sz3 . ~ . ~ ~ ~ : : ~ . ~ ~ ~a~c <-K.. - . ~.s~-.~ ~