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Home My WebLink About0602 t ~ ~ , ~ •r 8. Inspection. Lender may make os cause b bs made reasonable entries upon and inspections of the property. provided that lert3er shall e ve Borrower notice prior b nay such iaspaction apedb?ing reswnabk enure therefor related b I~endar's interest in the Property. 8. -CondeenIIatioa. The proceeds of nay award or claim for damages, direct of consequential, in ooanectian wild any oondeaaaatiaoan a older rafting of'b<~ nropert`w, or-part thereof. or for conveyance in lien of condemnation, arts hereby assigned and shall be paid b Lendax. In the event of ~ total taking of the Property. tiro proceeds shall be applied b the sums secured by this Mortgage. with the ezoess. if aqv, ; paid b Borrower. Ir: the event of a partial taking of the Property, anises Borrower and Ler:der otl?erwise agree itt writing, there shall be applied b the soma secured by thin Mortgage suudt proportion of the proceeds as is equal b that proportion whidt the amount of the sums 1 suxatred by thin Mortgage immediately patios b the date of taking beers b the fair market value of the Property immediably? prior w eM date of tekirag. with the balance ~ the proceeds paid b Borrowwer. If the Propesgr is abandoned by Borrower, or if; aftw notice by Lender b Borrower that the oondem;toroffers b make an award or sdtle a claim for damages. Borrower fails b respond b Lender within 30 days after the date such notice ie mailed, Lmtder is authorised b collect and ~ aPP1Y the W'~s. at Lender's option. eiber b restoration a repair of the prroperty? ce to. the sums eecnred by this Mortgage. Unless Fender and Borrower otherwise agree in writing. any suds appliaxtion ofprooesds b principal ehaU not extend oar postpone tbsdue date of the monthly irutallments referred b in paragraphs 1 and Z huueof or change the aaatinnt of such installments. i0. Borrower Not Released. Bztensinn of the time for paym~tt or modification of amortisation of the cams secured by thin Mortge~$e granted by Lendw b any successor in interest of Bwq:,wer shall t?3t operate to release, in a.1; rranutr, t§e liability of the original Bortmvet t and Borrower's suoccesora in interest. Fender shall not be required b oommenoe prooeedinga against arch successor or rudnae b extend tiaSae for payment or otherwise modify amortization ofthe sums-aecnicd by this Mortgage l`Y mason of nay demand made by the original Borrower and Borrawe~ a ataocessors in interest. 11. Forbearaaee by Lanrdun~ Not a Waiver. Any fo:bcersraee by Lender in exen-icing any tight oar remedy hers~ander, or otherwise afforded by sppficabk law, shall not be a waiver of or preclude the usseruase of any such right or nmedy.'IUe pracatrtntaent of insuratiee oar the payment of taxes or other liras u>r charges by Lender shall notbe a waiver of Lender's right b aooderafe the maturity of the inukbtednees securu:d by thin Mortgage. 12 Remediesi Cnmalative. All remedies provided in thi8 Mortgage an distinct and cumulative b any older right gar rcertedy nnukr thin Mortgage or afforded by law or egniti?. and may be ezercised aoncnrrentty, independently oranooaasively. - 13. Suocesaors and Assigns Hound; Joint and Several Liability; Captioana.'IUe covenants and agreements herein contained abaft bind, and the rights hereunder shall inure b, the respective saoceeaors and assigns of Lender and Borrower, subject b the provisions of paragraph 1T hereof: All covenants and agreements of Borrower shall be joint and sevearal.'lLe captions and headings oftheparagraphs of - thia Mortgage are for ooveni~ace only and are not b be used b interpret or de5ne the provisions h«reoL • 14. Notice. Except for any notice required under applicable law b be givust in another meaner, (a) any notice b Borrower provided for in thin Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at We Property Addressor at sudr other aduh~ess as " Borrower may designate by notice b Lender as provided herein, and (b) any notice b Lender shall be given by certified.nail. return receipt requested, b Lender s address stated herein or b each other auiuh~ess as Lender may designate by notice b Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed b have been given b Borrower or Lender whtn given is the manner designated herein. 15. Uniform Mortgage; Govesaing Law; Severability.'lbis form of mortgage combines uniform covenants for national use and non- uniform covenants with limited varistione by jurisdiction b uwnatitute a uniform security instnunent covering real property. This Mortgage shall be governed by the law of the jurisdiction im which the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law; such conflict-shall-not affect other provisions of this Mortgage or the Note whiud: can be given effect without the coriflictira ; provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. - 16. Borrower's Copy, Borrower shall be fnra~ished a_ conformed copy of the Note and of this Mortgage at the time of ezecution or after rernrdation hereof. 1'l. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold u?r transferred by Borrower without Lender a prior written consent. excluding (a) the creation of a lien or encatnbrance subordinate to this Mortgage, (b) the creation of a purrhaee money security interest for huwsehoki appliances, (c) a transfer by devise; descent or by operation of law upon the death of a joint tenant or (dj the trarat of any leasehold inteareat of three years or less not containing an option to purchase, Lender may, at Lenders option, declare all the sums secured by this Mortgage to be immediately due and payable. Lendershall have waived such option to suxxlerate if,,prior j to the sale or transfer, Ltuad~ and the person to whom the Property ie b be sold or transferred reach agruxment in writing thatthe credit of such person is satisfactory b Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Leader shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Bon owers snuxmeor in interest has untecnted a written assumption agreement accepted in writing by Leader, I.roder shall releiree Borrower from all obligations under this 14lortgage and the Note. If Lender exercises sn~:h option to accelerate, Lender shall mail Borrower notice of aocelu:ation in accordance with paragrapu 14 hereof: Such notice shall provide a period of not leas than 30 days from the date the notice is mmailed within whid? Borrower may pay thesuma declared due. If Borrower fails b pay such sums prior to the expiration of s;~~ Ireriod, Len3et may, without further notice or demand on Borrower, uavoke any remedies permitted by paragraph-18 hereof. - - - - 18. Acceleration; Remedies. Except sa provided in paragraph I7 hereof, upon Borrower's breach of any covenant or _ agreement of Borrower in this Mortgage, including the covenants to pay when due any soma eaecarred by this Mortgage. Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the adios required to cure such breach; (3) a date, not leas than 30 days firom the date the notice is mailed to Borrower, by which each breach must be eared; and (4) that failure to care such breach on or before the date specified in the notice may result in acceleration of the name secured by this Mortgage, foreclosure by judicial proceeding and epic of the Property. The notice shall further inform Borrower of the right to reinstate after aooeleratioa and the right to assert in the foreclosure proceeding the non-ezistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cared on uxr before the date specified in the notice, Lender at Lender's option may declare all of the wma secured by this Mortgage to be immediately due and payable without furtherdemand and may foreclosfethis Mortgage by jndiciaE proceeding. Luarder shall be entitled to collect in such proceeding all ezpensusi of foreclosure, including, but not limited to, reasonable_ attorney's fees, and costs of documentary evidence, abstracts end-title reports. - - - 19. Borrower's Right to Reinsta:e. NMwithstaading Lenders acceleration of t:reaums secured by this Mortgage, Borroawer ahallhave - the right to have any proceedings begun by Lender b enforce this Mortgage diaeontinued at anytime prior b entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender ell sums which would be then due under this Mortgage, the Note and notes aecnring Future Advances, if any, had no aeoeleratioa occurred; (b) Borrower cures all breaches of any other covenants urr agareen>eats of Bo*rowuv uwntained in t this Mortgage: (c) Borrower pays all reasotrabk ezpeases inciuted by Lender in enforcing tbe covenants and agreemrote ~f Borrows contained in ;his Mortgage and in enforcing Leadux's remedies as pro«ded in paragraph 18 hereof; including. but not limited to, reasonable attorney's fees; and (d) lorrower takes arch notion as Lender may reasonably require to assure that the lien of this Mortgage, Len'u.ez'a interest in the Property and Burrowers obligation b pay the sums secured by this Mortgage shall oantimue unimpaired. Upon such payment and care by Borrower. this 1lfortgage and-the obligations secnrucl hereby shall remain in fall force and udfed as if no acceleration had occurred. 1 20. Assignment of Rents; Appointment of Receiver. Aa additional security hereundkr, btorrowa hereby assigns to Lesadar the rents f t of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 h~fm abandonment urf the Property, have tbe right to coiled and retain such rents as they become due end payable. Upon acceleration under paragraph 18 hereof m abandonment of the Property. Lender shall be entitled b have a receiver appointed by a court b enteraapoa, take posaession.of and nrar?age the Property and b tolled the rents of the Property, including those past dun All rents collected by tbe receiver shall be applied first to payanent of the costa of manageynerttof the Property and collection of teats, including. bat red limited b, reuxivera fees, premiums on receiver's bonds and reasoaabk attorney's tees, end then b the sums secured by this Mortgage. The - ruxeiver shall be liable to account only far those rents actually ruxdved. - r,R ~ 8324 501. t . - - ~