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Home My WebLink About2333 - _ _ . \..J 8. Inapadloa. Lsada may males or came b bs made naaonable artria apoa and inapectioas dthep:operty. providd that Loader shall giro Borrower aotios prior b ar4Y arch inapsctioa apec3~?ing reaeonabis cauas therefor erlated b Lnder'a intsrest in the Prapee~y. 9. Caadeaenettloa. Ths proceeds d any award or ~1aim for damsgsa, direct oe aonssgaeatial. in oonnectioa with any aoadeennatioa at other Laking d the peopeettiy, or pert tlareo~ or far oonvsyana b Hera of oondemnatioo, ors hereby aasignsd and shall b• paid to Leader. In the event d a total taking of the Ptapsrfy, the peoesedt shall be applied b the soma asearad by thin Mortgage, with the socoaee. it any, pall b Boaowsr. In the event d a partial taking of @re Peopsrtr, nnkss Harrower and Lender otherwias agree in writing, thse~e shall bs applied to the. sums ascend by this Mortgage such pe~opation d the proceeds as is ravel b that penportion whkh tM amount d the soma asoneed by this Moefsase immediately prig b the dots dtaking hears to tbs fair marketvplne oohs Property immsdiate~y prior b tMdate d taking. with the balance d the proceeds paid to Borrower. orbs Propeegr is abandoned by Borrower, a ~ after notice by Leader to Borrower that the oondannor oQeri to make an award o: settL a claim for damages. Borrower fails b resppnd b bender within 30 Jaya after the date such notice is mailed. Lender is antlwriasd b collect and apply the precesds, at Iendda option. dther to reataeation ere repair d the peopeeRy ac b the Bums aee~tred by,thb Mortgage. Unless Leader and Bor:+awer otherwias acne is writing, any ouch application dprooseds b peindpel shall not a:tend ere patpona the des date d the monthly installmeah refereed b in paragraphs 1 and s hereof or change the amount d such installments. 10: Borrower Not Released. Sactenaioa d the time for payment or mvdi$cation d amortisation of the sums ascend by thin Mortgage granted by Leader to aqq snooeswr in interest of Borrower shall not operate to release, in any manner. the liability dthe original Borrawar aced Bcerowds encoessoee in interest. Lender shall not be required b commence proceedings against arch suoceeaor or refuse b estend time for payment or othenrise modify amortization of the same secured by this Mortgage by mason of any demand made by the original Borrower and Borrower's sncoeaon in interest, ' 11. Forbearanos b7? Lewder Not a Waiver. Ae>i+ forbearance by Lender b ezereising any right or remedy bee+eandar, err otherwise afforded by applicable law, shall not bs a waive: of or prednde the e:eetiass d any such right or reonedy. The procurement of itunranos ce the payment of lases or other liens or charges by Ln?der shall not be a waiver of Lender's right b eiocelerats We maturity d the indebtedneaa secured by thin Mortgage. 1Z Remedies Cumerlatlve. All remedies provided in thin Mortgage ors distinct ~ cumgLtive to any other right err remedy ender thin Mortgage or afforded by law or equity. and may bs azarciae<1 ooncarrently. indepeadenthl or suooessiveay. 13. Saooessors and Assipu Boned; Joint and f3everal Liability; Captions. The ooveaanta and agreements herein contained shall bind, and the rights hereunder shall inure b, the respective snocessore and assigns of Lendw and Borrower, anbjed to the provisionu d paragraph 1?hereof: All covenants and agreements of Borrower shall be joint and asvaral. The captions sad headings of the paragraphs d this Mortgage are for ooveaienca ody and are sot to be need to interpret or define the provisions hereoL 14. Notloe. B:Dept far aqy notice required under applicable law to be given in another manner, (a) any notice to Borrower provided form this Mortgage shall bs ttivar by mailing snd~ notice by ceartified mail adde+essed to Boreowerat the Property Address Drat ouch other address as Borrower may desisnate by notice. to Leader ar provided herein. and (b) any notice to Lender shall bs givar by oerti5ed mail, return receipt requested, to Lender's address stated herein err b such other address as Leader may designate by notice to Borrower as provided herds. Aqy notice provided for in this Mortgage shall be deemed to have bees givar b Borrower or Larder whar given in the manner desigaaf~ed herein, lb. Uniform Mortgage; Governing Law; SeverabiUty. This form of martgagecwnbiues uniform ooveaants for national errand sore- - uaiform covarsats wrath limited variations by jnrisdidioa to oonstitnte a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jnriadidion in which the Property is located. In the avast that any provision or daces of this Mortgage or the Note oonflicte with applicable law. anch conflict shall not affect other provisions of this Mortgage or the Note which can be givar egect without the conflicting prevision. and to this ard the provisions of the Mortgage and the Note are declared to be severabler. 1~. Borrower's Copy. Borrower shall be furnished a conformed Dopy of the Note and of this Mortgage at the time of e:ecntion or after reoorti:atioa heree~t 17. Transfer of the Property; Assumption. Tf all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, ezduding (a) the creation of a lien or eaenmbsanee subordinate to this Mortgage, (b) the creation d a Purchase money security iatereat for household appliances, (c) a transfer by devise. descent or by operation of law upon the death des joint tenant or (d) the grant of any leasehold interest of three years or lam not containing an optiop b purchase. Lender may, at Lardda option, declare all the sums securest by thin Mortgage to be immediately due and payable. Lender shall have waived each option to ewoelergb if, prior to the eels or transfer, Lender end the person to whom the Property is to besold err transferred reach agreement in writing that the creditdanch person is satisfactory to Lender and that We interest payable on the soma secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to aooelerate provided in this paragraph 17, and if Borepwds sncacessor in interest has ezecnted a wnttar assumption agreement accepted in writing by Larder, Lender shall release Borrower from all obligations Hader this Mortgage and the Note. If Lender e:erdaes arch option to aooelerate, Lender shall mail Borrower notice of aooeleration in accordance with Paragraph 14 hereoL Such rwtice shall provide a peg iod of not lees than 30 days from the date the notice is mailed within which Borrower maY pay the soma declared due. If Borrower fails to pay ouch snma prior-to the expiration of sndr period, Leader may, without further notice or demand on Borrower, envo)<e any remedies permitted by paragraph 18 hereof: 18. Aeceieration; Remedies. 18zoept as provided in paragraph 17 hereof, upon Borrower's breach of aqy covenant or agreement of Borrower in this Mortgage, inchrding the covenants to pay when due any aroma secured by this Mortgage, Lender _ prior to aooeleration shall mail notice to Borrower as provided in paragraph 14 hereof spedfying: (i) the breach; (2) the action required to came each breach; (3) a date. not less than SO days from the date the notice is mailed to Borrower, by which awech breach meat be cured; and (4) that failure to care each breach on or before the date apedRed in the notice may result in acoeleratioa of fire cams secured by thin Mortgage, foreclosure by judicial proceeding sad sale of the Property. Tim notice shall further inform Borrower of the right to reinstate aRer acceleration sad the right to assert is the foreclosure proceeding the non-ezisteace of a default or any other defense of Borrower to aooeleration and foreclosure. It the breach is sot cared on or before the date specified in the notice, Leader at Lender's option may declare all of the sums severed by this Mortgage to be immediately due and payable without further demand sad may foreclose thin Mortgage by judicial proceeding. Leader shall be entitled to Dolled in anch proceeding all expenses otforeclosnre, inchhrding, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. Borrower's Right to Reinstate. Notwithstanding Lendds acceleration otthesumssecured bythisMortgage. Borrower shall have the right to have any proceedings began by Lender to enforce thin Mortgage disoontinned at any rime prior to entry of a j~eat enforcing this Mortgage if: (a) Borrower pays Lender sll sums which would be than doe Hader this Mortgage, the Note and notes securing Fhture Advances, if any, had ao aooderation oocnrred; (b) Borrower cures all breaches of any other covenants az d of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Leader in enfordng the covenants and agreements of Borrower oonra~ned m thrs Mortgage and in enforcing Leadda remedies as provided in paragraph 18 hereof; indnding, but not limited b, reasonable attorney's fees: and (d) Borrower takes such action as Lender may reasonably require b arson thatthe lien of thin Maztgage,Leader's interest in flu Property and Borrowda obligation to pay the ammo secured by thin Mortgage shall coatinne unimpaired. Upon arch payment and can by Borrower. this Mortgage and the obligations aecared hereby shall amain in fall force and effect ss if rw aooele:ation had oecarred. 20. Assigsmeat of Rests; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Leader the rents of the Property, provided that Borrower shall, prior to acceleration Hader paragraph 18hezeof or abandonment of the Property, have the sight to tolled and retain sndr rests as they become due and payable. Upon soaekration wader paragraph 18 hereof or abaadonmart of We Property. bender shall be artitkd to have a reodver appointed by a court to arternpon, take poaseaaion of and manage the Properly and b Dolled the rents of the Propes<y, indnding those peat due. All rents eolleded by the receiver shall be applied first b payment of the costa ofmanagemartof the Property and ooilectioa of rests, indading, but red limited to, receivds fees, premiums oa reoeivda bonds and reasonable attorney's fees, sad than to the snma secured by this Mortgage. The reodver shall be liable to acoonnt only for those rents euxnaljy received. fi~aX~~~ PAGE~~~JJ