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Home My WebLink About0095 . . _ . 8. ID~~~OA. Lender mqy make or cause to be made rss~onaDls eatsib ~ aad iaapections of the proP~4Y. P~vidsd ttu~i I.~drr~ ~ ~ive Borrower notiae prior b any such inapection specifyin8 reawnabls csuae theref~ relaeed to I.eadeT'~ interest in the Proper~y. 9. Condemoadon.'!Le pmoeed~ of aqy aaard os claim for damaYes. direct or oonaequeatial~ in connectioA wiW any oondemnation or . oWer talrin~ of the proPertY. or ~ thereof, or for oonveyaaoe in Gsn of ooade~nneaon. are hereby assi8ned and shall be paid to Lender. In the event oi a total taking of the ProDe=kY. the prooeed~ ~haU bs app}ied to the sum~ secured by this Mortgage, with tbe ssoea, if any, paid to Borrowes. Ia the eveat of a partial talang of tl~e ProP~tY. uales~ Borre~ver ead Lendee othenvi~s agree in writir~. thers shaU be PPlied b the suau sscured by this Mo:tQae~e ~nch proportion ot the prooeed~ as u eqnal to that proportion which We amount of the suma ~ecvred by this Mortgage im~nediately psior to We date of taking bears to tl~e fair market value of the Property immediaWy ptior to the date oi takin6. wiW the balanat of the Pmoeedi paid to Bormrrer. If the Property ia ahandQnsd by BorrcaYr~ or it. slZsr aatice by Isnder to Bunower that the oondeinnor offers to make an s~vasd or settle a claun for damages, Borro~rer faili b respond Lo Leader w~ithia 30 daya after the date ~uch notioe is mailed. Lender ia authorised to oollect and gPP~Y ~e prooeed~, at Lend~'s option, either to resbration or repais of the property or to We ~um~ secured by this M age. Unlaa Lend~ and Borrower oth~wi~e agree in ~vritiag, any such application of p~ooeeds to principal shall aot e:tend or~po~tpone the due dab of We monthly uutallmenta referred to in para~aplu 1 a~ 2 haeof or change the amount of such iastailmeat~, 10. Borrower Not Released, E:tension of the time for paymsnt ar modificatioa of aawrtisatian of the. sams secured by thia Mortgage Branted by Lender to any sucoessor in intenst of Bon~ower ahall not operate to release~ in sny manaet~ ~,[~e liability of the origiual Borro~yer and Borrowrr's auocessors in intenst, L,ender shall not be required to oommence Prooeedings against snch suooeasor or refuse to estend time fo- p~yrmeat or otherwiae modifyr amortizat~on of the auma secvred by this Mortgage by reasop of any demand made byr the c~riginal go~m~r~ ar~d Borrower's succeseors in iaterest. 11. Forbearaaoe by Leader Not a Waiver. My forbearanoe by Le~der in ezercising any right or nmedy benunder, o~ otherai~e afforded by applicable lew. ~hall not be a~vaiver of or preclude the e:ercise of any such right or remedy.'!be pm~c~~ of ~~e payment of ta:ee or other lie~ns or ct?arges by I.endsr shal! not be a ~raive: of Lender'a right to aooelerate the maturity of the indebtedness eecared Dy this Mortgage. 12 Remedie~ C~mnlatlve. All nmedies provided in thia Morfgage an diatinct and cumuiative to any other right or remedy under this Mortgage or afforded by law or e9~ih?. and may be e~cercisert ooncnre~ently. independendy or succeasively- 13. 3uooeasors and Assitns gonnd; Joit~t and $everal I.iabilitp; CapUons. The oovenanta and agreements huein oontained ahall bind, and the righb hereunder shaU innre to. the napective suocesaon sad eas~w oi Lender and Borrower, subject to the provisiona of Pa*e8raph 17 6ereof. All rnvenaats and agreements of Borrowez shall be joint and several.'!'be captioas and h~diags of the paragraphs of this Mortgege are for covenience only and are not to be used to intespret or debne the pT+ovisioaa hereof. 14. Notice. Except for any notice required under applicable !aw to be givea in snother manaer, (a) any notice to Borrower provided for in M~rte88e shall 6e given by mailing auch notice by certi5ed anaii addressed ta Botro~rer nt the Property Addrees or at such other address as Borrow~ may designate by notice to I.ender as provided herein, and (b) any notice to Lender shall be given by certi5ed mai1, return reo~p~ i'e9ueated, to Lender's addreea stated h~ein or to such other addnss as I,gnder may designate by notioe to Bon»w,et se pmhded herein. ~y notice provided for in this Mortgage shall be deemed to l~ave been given to Borrower or I.ender when given in the manner designated herein. 15. Uniforw ~Iort~age; Governing Law; geverab;~jt}~, This form of mortgage oombines uniform oovenants for aational nse and noa- nniform rnvenants with limited variationa bY inriadiction to oonstitute a nniform securih? inat~ument oovering real P~P~Y- This Mortgage shaU be governed by the law of the juriadiction in which the Property is located. It~ the event that any provieion or clauee of thia Mortgege or the Note conilicta with applicable law, euch oontlict ehal] not af{ect other provisions of this Mortgage or the Note which can be given egect wishout the oonflicting proviaion, and b t~~ ~d ~,}~e proviaiona of the Mortgage and the Note are declared to be eeverable. l6. Borrower'e Copy, Borrower ahall be f~rnisbed 8~nformed copy of the Note and of this Mortgage at the time of e~cecution or a}ter recordation hereof. 17. 'l~aneter of We ProPerty; Asaumption, If all or aay part of the Propaty or an interest therein ie sold or transferred by Borrower without Lender's prior written consent, e=cluding (a) !he creation of a lien or encumbrance aubordinate to thie Mortgage, (b) the creation of a purchase money eecurity interest for household applianoes, (c) a transfer by devise, desoent or by operation of law~ upon the death of a joiat teo,ant or (d) the grant of any leasehold interest of three years or less not oontaining an option to purchaee, I,ender may, at Leader's option. ; declere all the sums aecured by thia Mortgage to be immediately dae and payable. Lender ahaU have waived such option to aocelerate if, prior I to the sale or tranefer, L.ender and the pereon b whom the Property ie to be so]d oi transferred rea~h agreeinent in writing that the credit of snch j P~'so ie satisfactorY to Lender and that the iatereet payable on the sums eecnred by this Mortgage ahell be at auch rate as [,ender shall ! request. If Lender has waived the option to aocelerate provided in thie paragraph 17. and if Borrower a successor in intereat has e:ecuted a ; written assumption agreement accepted in writing by Lender, I,ender shall release Borrower from all obligationa under thia Mortgage and the ! Note. ~ If Lender ~ercisea such option to aocelerate, Lender ahall mail Borrower notice of acceletstion in aocordanoe with ara Snch notice shall provide a period of not lese than 30 daya from the date the notice ia a,ailed within which E3orrower ma p ~ph 14 hereoL ~ due. If Borrower faile to pay auch euma prior to theez uation ofauch YPaY~eeumadeclared ~ ~nvoke aay remedies P P~~. Lender may, without further notice or demand on Borroarer, permitted by paragraoh i8 hereof ~ 18. Aoceieratfoa; Remedtea. E=cept as provided in para~rap6 17 6ereof, upoa Borrower'a breach of any oovenant or ~ a8reemeat otBorrower in tbis Mortgage. including the oovenants to pay w6en due any sums secured by this Mortgage, Lender ~ prior to soceleration s6a11 mall notioe to Bormwer as provided in paragsaph 14 hereof spedfyin~; (1) the breach; (Z) the action ~ p re4uli'ed to cure ~uch breach; (3) a date, not leas thau 30 daye from the date t6e notice is mailed to Borrower, by w6ich sach 5 ; breach must be cured; and (4) t6at tailure to cure suc6 breach oa or before the date s ~ acceleration of t6e sums eecured by ~bis yo Pecified in the notice may result in further inform Borrower ot the ~~e, [oreclosure by judicial pr~oc~eed;ng and sale of the Property. The notice e6all ~ right to reinatate aRer acceleration and tbe ri t to aosert in the toreclosure proceeding the ~ non-ezisteace of a default or any other defense of Borrower to aoceleration and foreclosure. If the breach ie not cured on or a before the date specified in t6e notice, I,ender at Lender's option may declare all of the snms Bec~red by thie Mo ~ immediately due and payable wit6out futt6erdemand and may foreclose this Mo ~ p g• n8age to be , entitled to oollect in euch procecding all e: ~BaBe bYludiciai roceedin I,ender ehall be a ~ costs of documenta otforeclosure, including, but not limlted to, reaaonable attorney'e fees, end ~ ~ ry evidence, abstracts and title reporte. 19. Borrower's Rig6t to Reinstate. Notwithatanding Lender's acceleration of the sums aecured by thia Mortgage, Botrower ahall have the right to have any proceedings begun by, Lender to enforce thia Mortgage discontinued at any time prior to en ota 'ud ~ this Mortgage if: (a) Borrower paye I,ender all euma which would be then due under thia Mo ~ ~ ement enforcing - rtgage, the Note and notee eecaring I~~ure , Advences, if any, had no aeceleration occurrec(: (b) gorrow,er cures all breaches of any other covenants or egreementaof Borrowerrnntained in ~ ~ *~'o~*'er PaYe s11 reasonable espeneea incurred by Lender in enforcing the oovenants and agreementa of Borrower ; ortgage and in enforcing I,ender a remediee aa provided in parag~ph 18 hrroof, inclnding. bnt not limited to, reasonable = attorney's fees; and (d j Borrower takea such action a, Lendet may reasonably require to essure thet the lien of this Mortgage, Lender's iaterat ~ in the Propetty and Borrower'a obligetion to pay the aume secured by this Mortgage shall oontinue unim ' by Horrowtr, this Mortgage and the obligations eecured hereby ahall remain in full torce and effect as i~f~ndo accelera on hadeoocurred. i 20• Aisitnment otRents; Appointment otRea~eiver. As additional eecurity hereundtr, Borrower here > of the Proprrty, provided that gorrower ahell, prior to aoceleration under ~~nder the rents i to colled and retain such rente as they become due and ~~aph 18 hereof or abandonment of the Property, hsve the right : payable. s Upon aoceleration under parag~raph 18 hereof or abandonment of the Property, Lender shall be entided to have a receiv~ appointed bya ~ oonrt to entet.upon, take possesaion of and manage the Property and to oollect the renta of the Property, including thoee peat due. All rente • ~ oollected by the reoeiver shall be applied first to payment of the oosts of managementotthe Property and collection of rents, including, bnt not ~ limited to, receiver's fees, premiums on receiver's bonds and reaaonable attomey i feea, and then to the euma secur~ by Mortgage. The ~ reoeiveT shaU be liable to aooount only tor thoee rante actually received. ~ ~ ~ ~ k BOUK ~311 oacf ~ ' . ~