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8. Inspection. [.ender may make or cause to be made reasonable entries upon and inspections of the property,provided that Lender shalt
give Borrower notice prior to any such inspection specifying reasonable cause therefor related to I.ende~ s interest in the Property.
9. Condemnation.'Rie proceeds of any award or claim for damages, direct or cc?nsequential, in connection with any condemnation or
other taking of the property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
!n the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the e:ceas, if any,
paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be
applied to the sums secured by this Mortgage such proportion of the proceeds ae is equal to that proportion which the amount of the some
secured 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, with the balance of the proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the rnndemnor offers to make an award or settle a
claim for damages, Borrower tails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
apply the proceeds, at Lender's option, either to restoration or repair of the property or to the sums secured by this Mortgage.
Unless !.ender and Borrower otherwise agree in writing, any such application of proceeds to principal shall note:tend or postpone thedue
date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
10. Borrower Not Released. F.xtenaion of the time for payment or modification of amortization of the sums secured by this Mortgage
granted by lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower
and Borrower's auccesaora in interest. !.ender shall not be required to commence proceedings against such successor or refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower
and Borrower s successors in interest.
11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any each right or remedy. The procurement of insurance or the
payment of taxes or other liens or charges by Lender shall not be a waiver of Lendei s right to accelerate the maturity of the indebtedness
secured by thin Mortgage.
12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this
;Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively.
13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein rnntained shall
bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of
this Mortgage are for covenience only and are not to be used to interpret oY define the provisions hereof.
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 Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as
Borrower may designate by notice to Lender tts provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
requested, to Lender's address atafed herein or to such other address as [.ender rosy designate by notice to Borrower as provided herein. Any
notice prodded for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
l5. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non-.
uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage
shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or
the :Mote conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect
without the rnnflietin¢ provision. and to this end the provisions of the MortKaKe and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after
recordation hereof.
17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower
without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance sutx,rdinate to this Mortgage, Ib) the creation of a
purchase money security interest for household appliances, Ic) a transfer by devise, d.scent or by operation of law upon the death of a joint
tenant or (d? the grant of any leasehold interest of three years or leas not containing an option to purchase, !.ender may, at Lender's option,
declare all the sums securest by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior
•ti., _.,t,,.._ •_~..es _ i o.,a,..0...1?t.e,.o.o~.. ~.....1....., ~l.o P.....o.f v is t.. b nn41 n. trancforrptl roach a¢r•wmPnt in writin¢ that the creditotsuch
person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall
request. If !.ender has waived the option to accelerate provided in this pazagraph 17, and if Borrower's successor in interest has executed a
( written .cscumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the
~ \ote_
I If [.ender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
Such notice shall provide a period of not less than aU days from thedate the notice is mailed within which Borrower may paY the sums declared
clue. If Borrower fails to pay such sums prior to the expiration of such period, !,ender may, without further notice or demand on Korrower,
,nvoke any remedies permitted by pazaKraoh 1K hereof.
IS. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Mortgage. including the covenants to pay when due any sums secured by this Mortgage, Lender
prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action
required to cure such breach;l3) a date, not less than 30 days from the date the notice is mailed to Borrower. by which such
breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in
acceleration of the sums secured by this Mortgage. foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
nun-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or
before the date specified in the notice. Lender at Lender's option may declare all of the soma secured by this Mortgage to be
immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be
entitled to rnllect in such proceeding all expenses of foreclosure. including, but not limited tu, reasonable attorney's tees. and
costs of documentary evidence. abstractx and title reports.
19. Borrower's Right to Reinstate. Notwithstanding I.endei sacceleration of thesumasecured by this Mortgage, Borrowershall have
the right to have any proceedings begun by Fender to enforce this MortgaKe discontinued at any time prior to entry of a judgment enforcing
this Mortgage if: la) Borrower pa_r•s Lender all sums which would be then due under this Mortgage, the Note and notes securing Future
Advances, if any, had no acceleration occurred; Ibl Borrower cures all breaches of any other covenants or agreements of Borrower contained in
this Mortgage; (c) Borrower pays all reasonable expenses incurred by (.ender in enforcing the covenants and agreements of Borrower
contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable
~ attorney's fees; and ldl Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest
in the Property and Borrower's obligation to pay the sums secured by this Aortgage shall continue unimpaired. Upon such payment and cure
by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
20. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Korrower hereby assigns to Lender the rents
of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right
to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a
court to enter.upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents
collected by the receiverahall be applied first to payment of the costs of management of the Property and collection of rents, including, but not
limited to, receiver's fees, premiums en receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The
receiver shall be liable to account Doty for those rents actually received.
;'~.~319 ~a~f1998