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Home My WebLink About0224 ~ 8. la~pection. [.ender may make or cawe to be made reaaonable eatries upon and inspections of the property, provided ihat l.ender shall give Borrower notice prior to any euch inepectioa specibring reasonable cawe thecefor related to Lender's interest in the Ptoperqr. J. COAI~@IRQa~Ol1. The prooeeds of any award or claim for damage~, direct ot oonsequential, lIl COMeChOA WlU1 aAy OOAt~e[pA9~10[! Or other laidn~ of the pmperty, or part thereof, or for conveyance in lieu of ooademnation. are hereby a~signed and shall be paid to Lender. In the event of a btal taking oi ths Property. the pmceedr shall be applied to the sums sacured by this Mortgage. with the e~coew, if any, paid to Borrower. In the event of s partial taking of the Property. unlew Borrow~ and Lende: otherwise agree in w~iting~ there shall be applied to the sums ~ecured by tkis Mortga~e such proportion of the pmceed~ a~ is equal to that pmportion which the amount of the sums secured by this Mortgage immedia~ely psior te~ the date of talcing bears to the fair market value of the Piroperty unmedia Wy prior to We date of taking. with the belanoa of the proceeds paid to Borrower. If the Property ie abandoncd by Borruwer. or if, aRer notioe by I.ender to Borrower that the oondeinaor offere to make aa award or setde s claim for damages. Borrower faila to respond to I.ender within 30 days after the date auch aotice is mailed, Leader ia authorized to coAect and apply the pmceeds, at I,enda s option, eith~ to restorabion or repaiz of the pmperty or to the sums secured by this Mortgage. Unless Lender and Bortower otherwise agree in wridng. any such application of proceeds to principal shall aot eztend or postpone the due date o! We monthly inatallments refernd t~o ia paragraphs 1 and 2 hereof or chenge ~he amonat af auch installmenta. 10. Borrower Not Released. E:tension of the time for payansnt or modification of smortization of the suma eecured by thia Mortgage t granted by l.ender to any succeseor in interest of Borrower shall aot operate to release, in any manner, the liability of the original Borrower , and Borrower's euccesaore in interea~ I.ender ahall not be required to wmmence proceedinge againet such eueceeeor or refuse to extend time for payment or otherwise modify amortization of the eums aecured by thie Mortgage by reaeon of any demand made by the osigina] Borrower and Borrower's succeeaors in interea~ ~ 11. Forbearance by Lender Not a R?aiver. Any forbearance by ~?der in eacerciaing any righ! or nmedy hereunder. or otherwiee a fforded by applicable law. shall not be e waiver of or preclude the r~erciee of aay euch right or remedy.lUe procurement of ineurance or the - payment of ta~ces ar other liens or chargea by Lender shall not be a waiver of Lendei s right to aocelecate the maturity of the indebtednesa secund by this Mortgage. 12 Remediea Gtimulative. All remediea pmvided ia thia Mortgage are dietinct and cumulative to any other right or remedy under this , Mortgage or afforded by law or equity, and may be e:erciseA aoacurrendy. independendy or auoceaaively. , I3 Succeseors and Assigne Bound; Joint and 3everal Liability; Captione. The covenants and agreemente herein oontained ehall bind, and the rights hereunder shall inure to. the reapective suocessore sad assigns of Lender and Borrower. subject to the provieions of paragcaph 17 hereof. All covenante and agreementa of Borrower shaU be joint and eeveral. The captions and hesdings of the paragraphs of thia Mortgage are for covenience only and are not to be used to interpret or de5ne the provisions hereof. ~ 14. Notice. Except for any notice required under epplicable law to be given in another manner, (a) any notice to $orrower provided for in thia Martgage ehall be given by mailing euch aotice by certified mail addreaeed to Borrower at the Property Addresa or at euch other address aa 13orrower may deeignate by notice to Lender as pmvided herein, and (b) any notice to l.ender ahall be given by certified mail, ntarn reoeipt requested, to L.ender's addreas atated herein or to euch other addrees as I.ender may designate by aotice to Borrower as pmvided herein. Any notice pmvided for in this Mortgage ahall be deemed to have been given to Borrower or Lendet when given in the manner deaignated herein. 15. Unlform Mortgage; Governing Law; Severability. Thia form otmortgage combinea uniform oovenanta for national use and non- uniform covenanta with limited variations by j~uisdiction to oonetitute a uniform security inatrument oovering real property. This Mottgage shall be governed by the law of the juriadiction in which the Propert~ ia located. In the ev.ent that any provision or clause of this Mottgage or the Note rnnflicts with applicable law, such contlict ahall not affect other pmvisions of this Mortgage qr the Note which can be given effect without the oonilicting provieion, and to thia end the provieions of the Mortgage and the Note are declared to be severable. 16_ Borrower'e Copy. Borrower ehall be furniahed a conformed oopy of the Note and of this Mortgage at the time of ~ecution or efter recordation hereof 17. Tcanefer of the Property; Aeeumption. If all or any part of the Property or an interest therein ie eold or traneferred by Borrower without Lender s prior written coneent, excluding (a) the creation of a lien or encumbrance subordinate b this Mortgage, (b) the creation of a purchase money eecurity intereat for household appliancea, (c) a tranefer by devise, deacent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or leae not containing an option to purchase, Lender may, at Lender a option, d eclare all the aums eecured by thie Mortgage to be immediately due and payable. Lender shall heve waived auch option to aocelerate if, prior to the aale or tranefer, Lender and the person to whom the Property ia to be eold or traneferred reach agreement in writing that the credit of such • person ia satisfactory to Lender and that the interest payable on the suma secured by this Mortgage ahall be at such rate as Leader ehall ~ request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Bonowei a succeasor in intereat haa ezecuted a w~ritten assnmption agreement accepted in writing by Lender, I.ender shall release Borrower from sIl obligationa under thie Martgage and the i ~i otf. i If I.ender e~cerciees auch option to accelerate, Lender shali mail Borrower notice of acoeleration in accordance with paragraph 14 hereoL ~ Such notice ahall provide a period of not less than 30 daya from the date the notice is ~nailed within which Borrower may pay the auma declared ~ due. If Borrower fails to pay auch sums prior to the eapiration of auch period, Lender may, without fnrther notice or demand on E3orrower, ~ ~ ~nvoke any remedies permitted by paragraoh 18 hereof. ~ ; 18. Acceleration; Remedies. Ezcept ae provided in paragraph 17 hereof~ upon Borrower's breach of any oovenant or ~ ~ agreement of Borrower in this Mortgage, including t6e oovenants to pay when due any aume secured by thie Mortgage, Lender ~ prior to acceleration shall mail notice to Borrower as rovided ia ara p p graph 14 hereof epecifjring: (1) the breach; (2) the action ; required to cure auch breac6; (3) a date, not lese than 30 days from the date the notice is mailed to Borrower, by whic6 such ~ breach muet be cured; and (4) that failure to cure euc6 breach on or before the date specified in the notice may result in ~ acceleration of the sume secured by thie Mortgage, forecloaure by judicial proceeding ead sale of the Property. The notice shall _ ~ further intorm Borrower otthe right to reinetate after acceleration and the right to eeeert in the foreclosure proceeding the ~ non-e:ietence of a default or any other detense of Borrower to acceleration end foreclosure. If the breach is not cured on or ~ before the date apecified in the notice, Lender at Lender's option may declare all of the sums aecured by thie Mortgage to be € ~ immediately due and payable without furtherdemand end may torecloae thie Mortgage by judicial proceeding. Lender ehall be ~ entitled to collect in such proceeding all ezpeasea of foreclosure, including. but not limited to, reasonable attorney'e feea, and ~ costa of documentary evidence, abetracts and title reports. > 19. Borrower'e Right to Reinetate. Notwithatanding Lender'e acceleration of the euma eecured by thia Mortgage, Borrower shall have ~ the right to have any proceedinge begun by Lender to enforce thia Mortg~ge diecontinued 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 thia Mortgage, the Note and notes eecuring Future ~ Advances, if any, had no acceleration occurred; (b) Borrower curee all breachea of any other covenante or agreemente of Borrowe~r contained in thie Mortgage; (c) Borrower pays all reaeonabte e:pensea incurred by Lender in enforcing the oovenante and agreementa of Boaower ;j contained in this Mortgage and in enforcing Lender'a remediee as provided in paragraph 18 hereof, including, but not limited to, reasonable = attomey e fee8; and (d) Boaower takee auc6 artion aa Lender may reasonably require to asaure that the lien of this Mortgage, Lender'e intereet in the Property and Borrower e obligation to pay the euma secured by thia Mortgage ehall rnntinue unimpaired. Upon such payment and cnre by Borrower, this Mortgage and the obligetiona eecared hereby ehall remain in full fozce and effect se if no acceleration had occnrred. 20. Aseignment of Rente; Appointment ot Receiver. Ae additional security hereunder, Borrower hereby sesigna to I.ender the rente ~ of the Property, pmvided thet Borrower shall. prior to acceleradon under paragraph 18 hereof or abandonment of the Property, have the right a to collect and retain euch renta as they become due and payable. x Upon aooeleration under paragraph 18 hereof or abandonment of the Property, Lender ahall be entitled to have a receiver appointed by a ~ oourt to enter~pon, taice poseeasion of and manage the Property and to collect the rents of the Property, including thoee paet due. All renta - oollected by the receiver ahall be applied first to payment of the cosla of management of the Property and oollection of rente, including, bnt not ~ limited to, receiver e feea, premiuma on receiver's bonde and reasonable attomey'a feee, and then to the sume eecured by thie Mortgage. The receiver ahall be liable to aooount only for thoee renta actually received. ~ z S :j ~ ~ ' n ; 80 kK ~~U °AG~ „ v ~ i , ~ °