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Home My WebLink About2090 • _ - - - - ' ~ ' ~ t ~ ~ ~ - ~ 8. Inapoetioa. Lender may mate or cause to bs made reasonable entries upon and inspections oftha propatRy.provided loaf Fender shall ~ Give Borrower notice pricer to soy each inspection specifying reasonable caws therefor related to Lender's interest is the Fropesty. j 9. Condemeaatloa. The proceeds of nay award or claim for damages, direct ex oonsagnential. in connection with nay condemnation or other taping eft the property, ex part thereof. or for ooaveysnos is lien of condemnation, are hereby assigned and shall he paud to Leadee Ia the event of a total toting of the Propertl, the proceeds shall bs applied to the ewms secured by tb3s Mortgage. with the ezexss, itany, ~ paid to Borrower. in the event of a partial taking of the Property, unless Bwrrowar sad Lender otherwise agree in writing, there shall bs } applied to the sums secured by this Maetgags axh proportion of the proceeds as is equal to Wet prolxxtion which the amount of the sums secured by this Mortgage immediately pricer to the date of ta)nng bears b the fair martatvalne of the Property ima~eneate?fr prior to the date of tal3ng, with the balance ed the proceeds paid to Borrower. If the Property is abandoned by Borrower, wi>; aftaTnotice by Leaderto Borrowerthat the exmdemneaofferstomateaa awardeusettlea claim for damages, Barroom fails to respond to Lander within 30 days after the date such notice is mailed, I.~der is anthor~iaed to odlect and apply the proceeds, at Leadee"s option, either b restoration pr repair of the property o: to the saros secured by this Maigage. - ~ Unless Linder and Borrower otherwise agree in writing. any cinch application eatpr!oceeda topriaeape>i shall notestend orpoatgoue the doe j date of the monthly inetallmeats referred to in pareegraphe 1 and $ hereof or change the smonnt of such inatalhnents. # ZQ Borrower Not Released.lsxteruion esf the time for payment or modifiewtioa of amortisation of the si?ms aerated by this Mortgage granted by Leader to aqv aaexasaor in interest of $orrower shall not operate to release. in nay manntx, the liability of rue ceiginal Borrower and Borrower's saooessors in interest. Lender shall not be required to commence PSs against arch- muecisesor or refose to eztemd time for payment or otherwise modify amortisation of the sums sexvred by this Mortgage by reason of any demand made by the original Borrower azd Borrower's nuooeesors in interest. - 11. Forbearance by Lender Not s Waiver. Any forbearance by Laneler in ezerciaing any right or remedy hereunder, err othenrise afforded by applicable law, shall not be a waiver of or prednde the eaarcise e>f any sash sightesr remedy. The proc~resment of inauraaex or the payment of fazes ex other lieea or charges by Lendex shall not be a waiver of i.eader'a right to aeoelexate We matauity of the indebtedness aerated by this Modgage. - - - 12 Remedies Cumulatives. All rmuedies provided in this Mortgage are distinct sad camalative to any other right or remedy Hader this Mortgage or afforded by law or equity. and may be es:earri'seei concurrently, independently eft aneexssivesly. 13. $nooessors and Assigns Bound; Joint surd Several Liability; Captions. The covenants and agreements herein contained shall bind. and the rights hereunder shall.innn W. tbe respective suesoeesors and. assigns of header and Borrower. anbjed to the provisions ed paragraph 17 hesreoL All ooveasnts and agreements of Borrower shell be joint and several. The captions and headings of the paragraphs of this Mortgages are for oovenie~ce only sad are riot to be need to interpret or elefine We provisions hereof. 14. Notie~ Rxexpt for any notice resquired nndex applicable law to be glossa in anoWer manner, (a) any notice to Borrovvex providesd for in this Mortgage =:,allbegive~ by mailing each noticebyeertifiod mailaddressed to Borrowesatthe PropertyAddreas oratsach otheraddrraeaa Borrowex rosy designate by notice to Leander as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt - regnessted. to Lender's address stated herein or to such older address as Lendesr may designate by notice to Borrower as provied herein. Aqy notice provided for in this Mortgage shall be deemed to have been givem to Borrower or Leader when given in the manner designated herein. 15~ Uniform Mortgage; Governing Law; Severabilit~r. This form ofmortgage oombiaes uniform ebveaanta for national use and non- uniform covenants with limited variatiarns by jariaelidion to constitute a unifc?rm aecnrity instrument oove:ing real property. This Mortgage shall be governed by the law of the juriadie*ion in which the Property is located. In the evert that any ~ovision os dense of Wis Mortgage or the Note conflicts with applicable lave, each conflict shall not affect other provisions of this Mortgage or the Note which cart begiven esffoct - _ without We conflicting provision, and to this emd We provisions of the Mortgage and the Note are declared to be severable. t 1& Borrower's Cogy. Borrower shall be fornished a unformed copy of the Note and of this Mortgage at t1?e time of execution or after recordation hereof. - 17. Tiransfer of the Property; AeBUmption. If all or any part of the Property or an interest Werein is sold or transferred by Borrower without Lender's prior written unseat, ezdnding (a) the creation of a lien or encumbrance subordinate to this Ma=tgage, (b) the exeation of a ~ , purrbaAe mweay eescnrity intesrest for honsehokl appliances, (c) a transfer by devise, desowt or by operation of law upon the desaW of a joint \~.~1 tenant or (d) the grant of any leasehold interest e?f three years ear leas not containing an option to pnrchaee, Lender may, at Lemdesr's option, ~ dec'.are all We soma secures by this Mortgage to be immediately due sad paya6le_ Lex?der ahs_tl have waived each option to aeoeferate if, prior ~ to the sale ee;transfer, Lender and We person to whom the Property is to be sold or transferred reach agreement in writing Wat the creditof such pe: son is satisfactory to Luder and that the interest payable on the earns ee~cured by this Mortgage shall be at such rate as Le?der shall request. If Lender has waived the option to aocelesate provided in this paragraph 17, and if Borrowesr's snoceesor in :ntexeBt hoe eszecuted a written aesumptian agreexneet accepted in writing by Lendesr, Lendesr shall release Borrower from all obligations nnderthia Mortgage and the Note. - - ~ - If Lesndee es:ercises~ach option to aocelesate, Lender shall mail Borrower notice of aooelexstion in 8ocordanee wild paragraph 14 hereof: Suds n.?tice shall pro~,ide a period of not leas than 30 days from the date the notice is mailed within which Borrower may pay the rams declared due_ If Borrower tai+a to pay each sums prior to the expiration of such period, Lender mar, without farther notice or demand on $orrower, 1 invoke any remedies permitted by paragraph 18 hesrenf. - 1 18. Aeoeleration; Remesefiea Ezcept as provided in paragraph 17 hereof, upon Bpi=rower's breac_ h of any covenant or j ag~reemeat of Borrower in this Mortgage; including the oovenante to pay when stns any soma severed by this Mortgage, Lewder prior to aeoeleratioa shall mail notice to Borrower as providexi in paragraph 14 hereof spedfj?ing: (1) the breach; (2) the action required to cure each breach; (3) a date, mot leas than 30 days from the date the notice is mailesd to Borrerwer, by which rnedr - breach must be eared; and (4) that faulare to cure suedr breach on or before the date specified fn the notice may result in acceleration of the some seeairesd by this Mortgage, foreclosure by jpeidsl proceeding sad sale of the 1?ro ; further inform Borrower of the right to reinstate after sexeleratiexi and the right to assert in the foree:losnre pheroceeding the - non-enstenoe: of a default or any other defense of Borrower to aexselesration and foreciersure. If the breach is not cursed on or before the date specified iu the notice, Lender at Lender's option may declare all of We name seexrred by this 11lortgage to be immediately due and payable without further demand and may foreclose this Iortgage by jadicisa proceeding. Lendesr shall be entitled to coAed in such proceeding all e+zpense'a of foreclosure, including, but not limited to, reasonable attorney's fees, and costa of documentary evidence, abeKracts and title reports. 19. Borrower's Right to Reinstate. NotwithataadingLender's acceleration of Weaumssecured by this Mortgage, Btmowex shall have the right to have any proexedings begun by Lends: to exeta~roe thin Mortgage diauntinned at any time prior to entry of a judgment ea?forciag . this Mortgage ifl (a) Borrower pays Lender all same which vyoeld be then due ender thin Mortgages, We Note and notes securing Fntare Advenees, if any. had no aocderation oocnrred; (b) Borrower cures all breaches of any other ewvesnanta or amts of Borrower oantained in this Mortgage; (c) Borrower pays ell reaaoerable expenses incurred by Leader in eaforeang the oovenanta and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof'; indncling. bat not limited to, reasonable attorney's fees; and (d) Borrower taken such action as Lender may reasonably require to aesnrethatthe lien of this Mortgage. Leadesr's ia`.ereet in the Property and Borrower's obligation to pay We anma secured by this Mortgage shall eontinne unimpaired. Upon sash payment and care b3 Borrower, this Mortgage and the obligations sexared hereby shall raimain in fall force and effect w if no acceleration had oocnrred. 24. Assignmesat of Rents; Appointment of Receiver. As additional security hereunder. Borrower hereby assigns to Loader the testa of the Property, provided Wet Borrower shall, prior to acceleration under paragraph 18 hereof en abandonmer?t of the Property, have the right to collect and retain andr rents ss Wey become due and payable. Upon aocekration tinder peszagrsph 18 hereof or abanelonmeat of the Property, Lender shall be entitled to have a reoeivea appointed by a occur to enter.npon, take possession of and manage the Property and to ulkex the rents of the Property, indnding Wore past due. AU rents oolleected by the receiver shall be applied first to payment of the costs of management of the Property and ullediem of teats,inducting, bat nd Limited to. recesve's fees, premiums on receiver's bonds and reasonable attorney's fees, and rhea to the soma secured by thin Mortgagee The receiver shall be liah%: to aooonnt only for those rents seknally received. -