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Home My WebLink About1345 8. lnspection. I.ender may mak4 or cauee to be made reaeonable entriea upon end inepectione uf the property. provided that Lender shall give Borrower notice prior to any euch inapection apecifying reasonable cause therefor related to l.ender'a intereat in the Property. 9. Condemnation. The proceede o[ any award or claim fot damages, direct or cuneequential, in connection with any oondemnation or other taking of the property.~or part thereof, or for conveyance in lieu oi condemnation, are hereby aesigned and shall be paid to Lender. In the event o[ a totei taking of the Property, the procceda shall be applied to the aume eecured by thie Mortgage. with the e:cees, if any, paid w Borrower. In the event of a partial taking of the Peoperty, unlese Borrower and I.ender otherwise agree in writing, there shall be applied W the eu~na secured by thia Mortgage auch proportion of the proceeds aa is equal eo that propottion which the amount of the aums secured by thie Mortgage immedialely prior to the date of teking bears to the fair market value of the Property immediately prior Lo the date of taking, with the balanc~ of the pr+oceeds paid to Borwwer. If the Property ia abandoned by Borrower. or if, after notice by I.ender to Borrower that the rnndemnor offere to make an award or settle a claim for damages, Borrower faile to reapond to Lender within 30 days aiter the date such notice is mailed, I.ender is authorized to collect and apply the proceede, at l.endes a option, either to reatoration or repair of the property or to the aume eecured by this Mortgage. Unlese Lender and Borrower otherwiee agree in writing, any such application of proceeds to principal ahall not extend ar postpone the due date of t}~e monthly inetallmente referred W in paragiraphs 1 and 2 hereoi or change the amount ot auch inetallments. 10. Borrower Not I~eleased. Extension of the time for paym~nt or modi6cation of amoctization of the aums eecured by this Mortgage granted by I.ender to any eucceseor i~ intereat of Borrower shall not operate b releaae, in any menner, the liability of the original Borrower and Borrower's auccesaors in intereet. lxnder ahall not be required to oommence proceedinga against auch succeaeor or re[uee to e:tend time for payment or otherwise modify amortization otthe sums secnred by thie Mortgage by rnason of any demand made by the original Botrower S~rr~Ker's sucrr-~:~ in interest. i l. Forbearance by I.ender Not a Waiver. Any forbearance by l.ender it~ e:ercieing any right or remedy hereunder. or otherwise afforded by applicable law, ahall not be a waiver of or preclude the exerciee of any auch right or remedy. The procurement of ineurance or the payment of taxea or other liena or charges by Lemler ehall nut be a waiver of Lender'e right to aocelerate the maturity of the indebtedneas e:ecured by thia Mortgage. 12 Remediee Cumulative. All remediea provided in thia Mortgage are dietinct and cumulative.to any other righ: or remedy under thie Mortgage or afforded by law or equity, and may be e:erciee~i concurrently, independendy or succeeaively_ 13. Succeasore and Ageigne Bound; Joint end Several Liability; Captions. The covenante and agreements hernin rnntained ehall hind, and the righta hereunder ahall inure to, the reapective succeseore and seeigne of [xnder and Borrower, eubject to the proviaione of paragraph 17 hereof. All covenants and agreementa of Borrower shaU be joint and aeveral. The captiona and headinga ot the paragraphe of thiR Mortgage are for covenience only and are not to be uaed to interpret or define the provisione hereof. l a. Notice. Except for any notice required under applicable law to be given in another manner, la) any notice to E3orrower provided for in t hie Mortgage shall be given by mailing euch notice by certified mail addreased to.Borrower at the Property Addreas or at such other addrees ae 13orrower may designate by notice to I.ender as provided herein, and Ib) any notice to Lender ehall be given by certified mail, return receipt requeated, to [.endei a addreas etated herein or to euch other address as Lender may deaignate by notice to Borrower ea provided herein. My notice provided for in thia Mortgage ahall be deemed to have been given to Borrower or Lender when given in the manner designated herein 15. Uniform Mortgage; Governing Law; Severability. This form of mortgagecombines uniform rnvenants for national ueeand non- uniform covenanta with limited variationa by jurisdiction to conatitute a uniform eecurity inatrun~ent oovering real property. Thie Mortgage shali be governed by the law of the jurisdiction in which the PropeRy is located. In the event that any proviRion or clauee of this Mortgage or the Note conflicts with applicable law, such conilict shall not af~ect other provisiona of this Mortgage or the Note which can be given eftecK w~thout the conflicting provision, and to thia end the provisiona of the Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Borrower ahall be furniahed a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. I?_ Tranafer of the Property; Aasumption. If all or any part of the Property or an intereat therein is aold or tranaferred by ~irrower without I.ender'a prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to thia Mortgage, (b) the creation of a purchase money security interest for houaehold appliancea, lc? a tranater by deviae, deacent or by operation of law upon the death uf a joint tenant or (d) the qrant uf any leasehold interest of three years or leas not containing an option to purchase, Lender may, at Lender'a option, declare all the suma eecured by this Mortgage to be immediately due and payable_ Lender ehall have waived auch option to accelerate if, prior to the sale or tranafer, Lender and the person to whom the Property ia to be sold or tranaferred reach agreement in writing that the credit of auch ; peraon is satiBfactory to Lender and that the interest payable on the aums aecured by this Mortgaqe ahall be at auch rate as [.ender ahall request. If [.ender ha4 waived the option to accelerate provided in this pazagraph 17, and if E3orrower'a successor in interest has executed a_ w~ritten asaumption agreement accepted in writinR by I.ender, lxndershall release Borrowerfrom allobligationa underthia Mongageand the ~ ti ote. ; If I.ender exercises such option to accelerate, [.ender ahall mail F3~rrower notice of acceleration in accordance with pazagraph 14 hereof. ; Such notice ahall provide a period of not less than 30 days frotn thedate the notice is mailed within which Borrower may pay the aums declared ~ due. If Borrower fails to pay such sums prior to the expiration of such period. Ixnder may, without further notice or demand on Korrower, ' invoke any remediea permitted by paragraoh IK hereof I ~ 18. Acceleration; Remediee. Ezcept se provided in paragraph 17 hereot. upon Borrower'e breach of any oovenant or ~ agreement ot Borrower in thia Mortgage. including the covenantx to pay when due any sumeaecured by this Mortgage, Lender prior to acceleration ahaU mail notice to Borrower se provided in paragraph 14 hereof epecifying: (1) the breach; (2) the action ~ required to cure suc6 breach: (3) e date. not leas than 30 deye from the date the notice ie mailed to Borrower, by which euch breach muet be cured: and (4) that failure to cure such breach on or before the date epecified in the notice may reeult in & acceleration of the suma secnred by thie Mortgage. foreclosure by judicial proceeding end saleof the Property. The notice ahall ~ further intorm Borrower otthe right to reinstate after acceleration and the right to aeaert in the forecloeure proceeding the ~ non-e:istence of a deteult or any other defense of Borrower to acceleration and forecloeure. If the breach ie not cured on or ~ t~fore the date specified in the notice. Lender at Lender's option may declare all of the sums secured by this Mortgage to be ~ immediately due and payable without furtherdemand and may forecloae this Mortgege by judicial proceeding. Lender ehel) be ~ E~ntitled to collect in such proceeding all expenses of toreclosure. including. but not limited to. reasonable attorney's teea. and ~ costs ot documrntary evidence. abstracta and title reporte. ~ 19. Borrower'e Right to Reinstate. Notvr~thatand~nR I.ender'a acceleration of the auma secured by this Mortgage, Borrowerahal! have ~ the riKht to have an roceedin s un b I.ender to entorce this btortKage diacontinued at an time rior to ent of a'ud g ~ y p g beR y y p ry ~ gment enforcin this Morigage if: (al Borrower pays I.ender all aums which would be then due under this Mortgage, the Note and notes securinR Future Advancee, if any, had no acceleration occurred; Ib) Borrower cures all breachea of any othercovenante or agreements of Borrower contained in ~ thia Mortgage; (c) Borrower pays all reasonable expenses incurred by L.ender in enforcing the covenenta and agreements of Borrower contained in this Mortgage and in enforcing [.ender'e remedies as provided in paragraph 18 hereof, inclnding, bnt not limited to, reaaonable ~ attorney a feea: and (dl Borrower takes such action as [.ender may reasonably require to asxure that the lien of this Mortgage, Lender's intereet ; in the Property and Borrower'a obligation to pay the aums secured by this MortgwQe ehall continue unimpaired_ Upon auch payment and enre ~ by Borrorrer, thie Mortgage and the obligations secured hereby ahall remain in full force and effect as if no acceleration had occurred. 20. Aseignment of Renta; Appointment of Neceiver. Ae additional securily.hereunder, Borrower hereby aseigns to Lenderthe renta ~ of the Property, provided that Borrower ahall, prior to acceleration under paraRraph lf1 hereof or abandonment of the Property, have the right ~ to coUect and retain auch renta as they become due and payable. + r Upon acceleration under paragraph 18 hereof or abandonment of the f'roperty, I.ender ahall be entided to have a receiver appointed by a. ~ murt to enterLpon, take posseasion ~f and manage the Property and to collect the renta of the I'rnperty, indudinq those paet due. All renta i ~ rollected by the receiver ahall be applied first to payment of the coatR of manaqement of the Property and collection of renta, including, but not ~ limited to, receiver's fees, premiuma on receiver's bonde and reasonable attorney's fees, and then to the suma secured by thie Mortgage. The ! receiver ahall be liable to account only for thoae mnts actually received. 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