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Home My WebLink About2044I I.••" . ~ ' \5 {r7 . 1-~'' ~~~i '~ 8. Iwpection. Lender may make or c~uN b be made re~waaEle eatrie~ upon and 'uupectiow of tlie p~ope~rfy, provided Wat Iw~d~ ahall ~iw Horrorver notiw prior to any ~ucA in~Pecti~ouu ~Pecibrins rsswnable caws therefo~ rel~ted to Lsnd~'~ iatee~t ia tM Prop~ety. 9. Condemnatloa.'I~e proosed~ of aay arvard o~ clalm toe dama~e~, direct or rnn~equeutisl. in connection ~vith any oondemnat~on oe other taicias of We propsc4y. ~ paet thse~eof, or far ooawyaace ia lieu oi oondemnstioa. ars hereby ~ned aad ~hall b~ paid to Lnder, In the eveat oi a total takins of the Property, the proceed~ ~hall bs epplied to the ~uau ~ecured by thia Morf~a~e wiys tM eo[oe~, if an~. paid b Borrower. In the svent of a psetial taldn~ of ths Prope~fy. unlew Borrowez aud Leader othezwi~s e~s in wRitin~. tlNr~ shall b~ applied to the wm~ ~scured by tbii Moirfsa~e such proportion of ehe proosed~ as u equal to ehat proportion which We amow~t o~ tM wms ~ecured by this Mor~s~e iiemediatdy prior to the daes of takin~ bean to the fair market value otthe Property immediately p~ior b tb~ day d talrin~~ wIW the balanca of the prooeed~ paid to Borro~ver. Iit6e Property is abandoned by Horro~ver, or it, aRes notice by Leader to Borrower thst the oondemnor offees to make aa aw~rd os ~stW a cl~im for dama~a. Horrower faib to re~pond to Lend~r within 90 days after the date ~uch aotica u mailed. Leade~ ia authorized b oaU~ct ~od apply the p:oosed~. ~t Lsnder'~ optlon. either to re~torotioa or npair of the property or to Ws ~uma ~ecured by thia M~rtsa~. Uda~ IwAd~z and Borrow~er oth~ri~s asres in writin~. any such epplicatioa of prooeed~ to principd ~hsU aot e~[f~ead ae yo~on~ t~ dw dat~ oi the montkly iiutaUmeab r~ferred to in pata~raplu 1 and 2 hersof or chan~e Ws amonnt oi mch inttallmenh. 10. Horrower Not Relea~ed. E:tenaoa ot the time for paymant or modi8cation of amortization of the sama ~ecured by Wia Mo~~ granted by Lender to aay succeswr in intere~t of Borrower shall not operate to nlease. it~ any manner. the liability of the orisind Bort~ow~ and Borrower'~ succeswn in iritere~R I.endsr shall not be required to oommence proceedings against su~b suocesror or refuae b ast~d time for payment or otherwi~e modify amortization of the suma secured by this Mortgage by reason of any dedand atde by the oriQinal Borro~ver arid Borrowds succeseors in interest. I 1. Forl~earanoe by Lender Not a Walver. Any forbearanoe by Lendar in e:ercisin~ any riQht or remedy hereunder. or otaerwi~e atYorded by appUcable law, ehaU aot be a waiver of or praelude the exerci~e of aay ~uch right or nmedy. The pro~vrernent of in~uiwos o~ tbe paymet~t of tsse~ or other lien~ or charga by Lender ~hall not be s waiver of Lender r rigbt to aooelerab the a~atarity of the iadtbtedaen ~ecured by this MortQa~e. 12 Remedle~ Gtimulstive. AU reinediu provided ir~ this Mortgage are diatiact and cumulative to any other right o~ remedy nnder tbi~ Mort_cage or aPforded by law or equity, and may be e~cerciae~i ooncurrendy. independendy or snocaaavely. 13. Suceeawrs and As~i~n~ 8oand; Joint aad Several Liability; Ceptions. Tlre oovenante and agreements herein oontained shall bind. and the rights hereundar shell inure to. tha reapective ~uc~eeaon and essi~ns of Lender and Borrower, snbject to tLe pTOVirion~ ot paragraph 17 hereof. All covenants and agceements of Borrower shall be joint and sev~el. The captions and headings of the p~rs~raplu of this Mort~age are for covenience only apd are not to be wed to interpret or define the provi~ion~ hereof. 14. Notice. Except fos any notioe required under epplicable law to be given in another manner. (a) twy notioe b Borrowa provided forin this Mortgage ahall be given by mailing auch notioe by oecti6ed mail addresaed to Borrower at the Property Address or at such other addreM a~ Borrower mey designate by notice to Le~der es provided herein, and (b) any aotic.e to I.ender ~haU be givm by certified mail~ rs~n reosipt requeated. to Lender's addrees stated herein or to such other address aa Lender may dcsignate by notioe to Borrower as provided herein Any notiae provided for in this Mort~age shall be deemed to have been given to Borrower or Lender wrhen Qivea in the manner desi~nated herein. 15. Unifotm Mortga~e; Governin~ I.aw; Severabillty. Thia form of mortgege oombines uniform oovenant~ for national ~ue and non- uniform covenants with limited variation~ by jurisdiction to oonstitute a uniform security inatrument oovering nal property. This Mort~a~e shall be governed by the law of the juriadiction in which the Propedy is located. In the event that any provirioa or clause of thi~ jl~ort~a~s o~r the Note contlicts with applicable law. auch rnnilict shall not aftect other provieione of thi~ Mortgage or tha Note which can bs ~ivea eHed without the ~onflicting pmvieion. and to thu end the pmvisions of the Mortgage and the Note are declered b be seversWe. 16. Borrower'~ Copy. Borro~ shall be fumished a confonned oopy of the Note and of thia Mortgage at the time of esecntioa or aMr recordation hereof. 17.15ransfer of t6e Property; Arsumpdoa. If all or any part of the Property or an intenat thenin is sold or tran~fereed by Borrower without Lender's prior writtea oonsent, e~ccluding (a) the creation of a lien or encumbrancx aubordinale to thi~ Mortgage. (b) the creation ot • pnrchaae moaey security interest for houeehold appliencee, (c) a tranefer by deviee. desoent or by oparation of law npon We deaW of a joint tenant or (d) the grant of aay leseehold interest of three years or lee~ aot oontaining an option b pnrchase. Iender may, at Lender'~ option, declare aU fhe swns eecureu by t}w Mortgage to be immediately due and payable. I.ender shall have waived such option to aooelerate if. prior to the sale or tran~fer. I.enda and the perwn to whom the Property is w be sold or transferred reach agreemeat in writing that t!u credit of sw~ person is satisfactory to Lender and that the interest payeble on the suros secured by this Mortgage ~hall be at ~nch rate ar Lender shall requeat. If Lender has waived the option to accelerate provided in this paragraph I7, and if Borrower'a sucreesor in intered ha~ aecnted a written easumption agreement aocepted in writing by Lender, Lender ahaU release Borrower ftom all obligations under thi~ Mat~a~e andthe Note. If Lender e:ercises such option to accelerate, Lender ahall mail Borrower notice of acoeleration in aooordanoe with paragraph 14 hezeoi Such notice shall provide a period of not leas than 30 deys firom the date the notice ie mailed within which Borrower may pay the~nnu declered due. If Borrower faila to pay such suma prior to the e:piration o[auch period, Lender may, without furthrr notice or demand oa Bosmwres. wvol~e any remediee permitted by pazegra~h 18 hereof. 18. Aoceleration; Remedies. E:cept as provided in paragrap6 I7 hereot. upon Borrower'~ breach ot anp oovenant or a~reemeat of Borrower in this Nortga~e, including the oovenanta to pay when due any ~um~ secured by thia B[ort~~e. Leader prior to acceleration shall mail notice to Borrower as pwvided in para~raph 14 hereof specifyin~: (1) the breac6; (2) the adion reqnired to cnre such breac6; (3) a date, not lese than 30 days ltiom the date the notice b msiled W Borrower. bp w-hicb aicb breach mnat be cured; and (4) that failure to cure snch breach on or betore the date ~pecifled in t6e not3ce myr reanlt in acceleration of the.ums secured by this Mortgage, torecloeure by )udicial proceedin~ wd sale of the Property.Thenotioe ~hall furiher inform Bocrower ot the ri~ht to reinstate atter aoceleration and the ri~ht to essert in the foreclosure prooeedios tbe non-e=i~tence ot a default or any ot6er de[enae ot Bonower to aoceleration and toreclonere. If the breach b not cured on or before the date rpecified ia the notice, Lender at I.ender'e option may declwre all o[the sume ~ecured by t6is Mort~a~e to be immediately due and payable without further demand and may foreclose thie Mortga~e by judicial proceedin~. I.ender ~hall be eatitled to oollect in auc6 proceEding all ezpenees of forecloaure, including. but nat limlted w, reasonsble attorney'a fee~, aad oosta otdocumentary evidence. abstracts and title reporte. l9. Borrower'~ Ri~ht b Aein~tate. Notwithatanding Lender's acceleratioa of the snms secnred by this Mort~age, Aorwwu ~haU have the right to have any proceedings begun by Lender to enforce this Morfgage disoontinued at any time prior b rntry of a judsmeat eaforcins thi~ Mortgage if: (a) Borrower pays Lender all sums which would 6e then due under this Mortgage, We Note and notes secarin~ Phtare Advances, if any, hed no aoceleration occurred; (b) Borrower cvres all breachea of any othet rnvenenta or agreemeata of Borrowa ooatained in this Mortgage; (c) Borrower pays all naeonable expenees incurred by Leader in enforcing the oovenanb and agreemeat~ of Borenwer oontained in thi~ Mortgage and in enforcing Lender's remedies as pmvided in paragraph 18 hereof. including. bnt aot limited to. reuooabi~ attorney's fees; and (d) Bormwer takes such action as Lender way reasonebly require to aesure that the Gen of lhi~ Mortga~e. La-der'~ intered in t6e Proyaty and Bareower'~ obligetion to pay the eums secured by thia Mortgage ehall continue unimpaired. Upon mcb payment and c~e by Borrowrr, thie Mortgage and the obligations secured hereby shaU reraain in full foroe and effect ar if no aooeleration had oecarred. 20. As~ignment o! Rents; Appointment ot Receiver. As additional security hereuader. Borrower hereby assigns to Leadertbe renta of the Property. provided that Borrower ehall, prior to aoceleration under paragraph 18 hereof or abaadonment of the Propetty. have tbe ri~ht to coUeet and retain such renta as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, I.ender shall be entided to have a reaeiver appointed bp a oourt to enter.upon. take poaseaaion of end manage the Property and to collect the rents of the Property, including those ped dne. All reats ooUected by the teceiver shall be applied fust to peyment of the ooste of management of the Proprrty end oollectioa of rents, incladins. bnt nd limited to, receiver's feea, prcmiums on receiver's bonds and reasonable attorney'a tces, and then to We swns ucvred by thia MartsaQe.lLe recriver ehall be liable to aooount only for those rents actually received. ~ B~t~ PJ~~•, j ~ ~--- ~- __...~ . ~~ - - - ~ .~.~~. , _ . :~ -~~ .~--