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Home My WebLink About1067. . i . ~;. . 8. la~pection. l.ender may make or cawe to be made reaeonable entriee upoo and inspections of the property, provided that l.ender ehall Kive Borrower ~otice prior to any such inspectio~ epe~-ifying maeonable cauee therefw related to l.endei s inte~eet in the Prope~ty. 9. Coademaation.'l1~e procecde o[any award or claim for damugea, direct o~ coneequential, in coonection with any oondemnation or ~~the~ taking of the properiy, or part thereof, os for conveyance in lieu of condemnation, are hereby assigned a~d ahall be paid to l.e~der. In Ihe event of a total taking of the Property. lhe proceede ahall be applied ta the eume aecured by thie Mortgage, wilh the exceea, if any, paid to Borrower. In the event oi a partial taking o[ the F'mperly, unleas Borrower and l.ender otherwiae agree in writing. there ehall be .ipplied to the eume secured by this Mortgage auch proportion of the proceeds ea ia equal to that proportion which the amount ot the eums secured by this Mortgage immediately prior to the date ot taking beara b the fair markel value of the Property immediately prior to 1he date of taking, with the balanca of the proceeds paid to E3orrower. ~ If the Property ia abandoned by F3oROwer, or if, after nutice by I.ende~ W Borrower that the condemnor offers to make an award or eetde a ~~laim for damages, E3orrower faila to reapond to l.ender within :i0 daya after the date such notice ie mailed, l.ender is authorized tocollcrt and apply the pro~^eeds, at I.ender s option, eithe~ to reatoration or ~epair of the property or to the eume secured by this Mortgage. Unlesa l.ender and Borrower otherwiee a~ree in writing, any auch application of pmceeds to principal ahall not extend or poetpone the due ciHte of the monthly inatallmente referred to in paragrapha 1 and 2 hereot or change the amount of such inetaUme~te. 10. Borrower Not I~elraeed. F:xtenaiun ot the time [or puym~nt o~ modificption of amortization of the sums aecured by lhis Mortgage ~~ranted by I.ender to Any succei+sor in intereat of liorrower ~hall not operate to mlease, in nny manner, the liability of the origina) f3orrower and f3orrower'a succesxorx in intereat. I.ender ahnll not be myuired to commence proc.-eedings againat such auccesaor or refuae to extend time fur payment or otherwise modify t~moriizutiun of the xums securcd by this Mortgage by resuwn uf any demand made by the oriKinal I3orrower :~nd liurn~wer's yucces.~wrs in interr.et. ~ 1 l. Forbearance by I.ender Not a Waiver. Any forbearance by I.ender in exerciaing any right or rnmedy hereunder, or otherwiee a fforded by applicable law, ahaU not be a wniver of or preclude the exercise of any such right or remedy. 7'he procurement of inaurance or the F>~-yment ot taxes or other liena or charges by l.ender shall not be a waiver of I.ender's right to accelerate the maturity of the indebtednese ,f~c•ured by this Mortgage. 12. Remediea Cumulative. All rnmeciies pro~ ided in thia Mortgage are diatinct and cumulative to any other nght or remedy under thia htortrage or aftorded by law or equity, and may be exercieuYl concurrently, independently or auccesaively. 13. Successore and Aesigne Bound; Joint and Several Liability; Captions. The covenants and agreements hemin contained ehall t~ind, and the righta hernunder shall inure to, the respective succ~~rs and aseigns uf I.ender and E3ormwer, aubject to the provisions of p:~rugraph 17 hereof. Ali covenunts and agreements of E3orrower ahall be joinl and aeveral. The captiona and hasdings of the paragraphs of this Mortgage are tor covenience only and arn not to be used to interpret or define the proviaions hereof. 14. Notiee. F',xcept for any notice ~eyuired undrr .ipplicable law to t~e Ki~rn in anolhzr munner, l~) nny nolice to fiorrower providedlorin t hiK Mortgage shaU be given by mailinR such notirn by certified mail addresseci to Eiorrower at the !'roperty Address or at such other address ae f3urruwer may designate by notice to I.ender as provided herein, and Ib) any notice to I.ender shall be given by certified mail, retum receipt nK~uested, to l.ender'a address stated herein or to such other address as I.ender may designate by notice to Bormwer ux provided herein_ Any n~~tice provided for in this Mortgnge shull bedeemed to hu~e been given to li~-rrower or Ixnder when given in the manner deaiqnated hemin. 1 S. Uniform Mortqage; Governing I.aw; Severability. Thia form of mortgage cY-mbines uniform covenanta for national uaeand non- wziform covenan~4 wit6 limited vari~tions by jurisdiMion to rnnstitute a uniform securily inatrument cuvering real property. 7'his Mortqage .hall be K~» erned by the l~w o[the jurixdictiun in w~hich the 1'ruperty is i«ated. in tfie event that any pm~ iPion c,r cls~uae of this Mortgage or th~• tiute contlicts with applicable law, such conflict ahall not atfect olher provisions of this MortK~ge or the Note which can be given effect ~cithout the cY-nflicting pmvisiun, and to this end the provisiunR of the MurtKage and the :~ote am declared lo be severable. 16. Rorrower's Copy. tiorrower Rhall be fumished n cv~nfonned copy of the Note and of this Mortgage at the time of execution or after nti•ordation hereof. 17. Transfer of the Property; Aaxumption. If all or any pari of the 1'roperty or an interest thernin ia sold or transferred by E3orrower ~.-ithout I.endrr s prior w~ritten consent, excluding la- the creation of a lien or encumbrance sutx~rdinate to this MortgaKe, (b) the creation of a F~urch~se money serurity intereat for household appliancrs, lc- a transfer by devise, deacent or by operation of law upon the death of a joint ten~nt ur (d1 the grant of any leasehold inlerrst ot three years or less not containing nn optiun to purchase, l.ender may, at Ixnder s option, decl~re all the sums securea by this Mortgage to be immediately due and paypble. l.ender ehall have waived such option to accelerale if, prior t~~ the autle or transfer, I.ender and the person to whom the F'roperty ia to besold or transferred reach agreement in writing that thecredit of such p~•rson is satisfactory tu I.ender nnd that the interest payable un the suma secured by this MortKagc shall be at such rate as I.ender shall r:K~uest_ If I.ender hxx ~+aiced the option to accelerate pruvided in this paraKraph 17, and if Korruw•ers xuccexsor in interest has executed a w-ritten :~xsumption aKreemt•nt acceptrd in writinK by I.rnder, I.ender shall rcleat-e Borrow~er frorn ~II obliKatiuna under this Mortgage and ihe \~~te. If I.rnder exercises such optian to accelernte, l.ender shall mail Rorn-v-•er notice of acceleration in accordance w~th paraKraph 14 hereof ~uch notice shall provide a period nf not Ic~.R than :KI days frum the dale the n~~tice ie tr.ailecl within which liorrower may pav the aums declared due. (f Korr~~wer fails to pay auch sums prinr tu the expirat~un uf such peri~xl. I.ender ma~•, withuut further natice or demand on E3orrower, im•oke any remeclirs permittecl by paraKrauh lx henrrL . ~ 18. Acceleration; Remediea. F.:cept as p~ovided in paragraph 17 hereof. upon Borrower'e breach of any oovenant or a~reement of f3orrower in thia Nortqage. including the covenants to pey when due any eame becured by this Mortqage. Lender prior to acceleration shal I mail notice to Eiorrower aR provided in paragraph 14 hereof epecifying: ( l) the breach; (2) the action required to cure euch breach; (3) a date, not leas than 3U dayy trom the date the notice is mailed to Borrower, by which euch breach muat be cured; and (4) that tailure to cure such breach on or betore the date epecified in the notice may result in i+cceleration otthe sume aecured by this Mortqage. foreclosure by judicial proceeding and sale otthe Property.The notice ahall further inform Borrower of the right to reinstate aRer acceleration and the right to a98ert in the toreclosure proceeding the non-e:istence ot a detault ~r any othpr defense of E3orrower to acceleretion and forecloeure. 1 f the breach is not cured on or before thr date sperified in the notice. I.rnder at Lender's option may declare all of lhe aume secured by this Mortgege to be immediately due and payable without furtherdemand and may forecloae this Mortgage by judicial proceeding. Lenderahall be t•ntitled to collect in such proceeding all expenseA of foreclosure. including, but not limited to. rearfonable attorney'e tees. and . c•usts of documentary evidence. abstracta and title reporis. 19. E3orrower's Right to Reinetate. Notv-ithstandinK I.ender'a acceleratiun of the sums aecured by this Mortgage, E3orrowerahall have the right to have any proceedingx begun by I.ender to enforce thia MortqaQe diecontinued at any time prior to entry of a judgment enforcing thia Mortgage if: (a- Eiormwer paye I.ender nll sums which v~ould be then due under this Atortgage, the Note and notes securinq Future Advancee, if any, had no acceleration occurred; (b) E3orrower curex all breachea of any other covenante or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expensea incurred by I.ender in enforcinq the rnvenanfs and aRreements of Borrower cuntained in this Mortgaqe and in enforcing t.ender'a remedies an provided in paraKraph 18 hereof, including, but not limited to, reasonable :~ttorney's feea; and (d) Rorrower takea such action as I.ender may reaaonably require toasaure that the lien of this Mortgage, l.ender'a internat in the Property and Horrower's obligation to pay the aums secured by thia Mortgage ahall continue unimpaired. Upon euch payment and cure by Borrower, this Mortgage and the obligatinns secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Aseignment of Renta; Appointment of Receiver. As additiona) ~+~ty hereunder, ~3orrower hereby asaigns to Lender tFe rente uf the Property, provided that Borrower ahall, prior to acceleration under paraqraph 18 hereof or abandonment of the Property, have the right to collect and retain auch rent~, as lhey become due snd payable. Upon acceleration under paragraph 18 hereo[or abandonment of the Properly, I.ender shall be entilled to have a receiver appointed by a court to enter-upon, take posaeasion of and manage the Property and to collect the rents of the Property, including those paet due. All rente collected by the receiver ahall be applied firat to payment of the cnata of manaqementof the Properiy and collection of renta. including, but not limited to, receiver e feee, premiums on receiver'a }wnds and reasonable attorney'e fees, and then to the aums secured by this Mortgage. The receiver ehall be liable to acoount only for those renta aclually received. BOnK34~ ea~E1~s4 ~ ~. .~,::: ~n .~ - ~~a~.~~~~~. ~~~_ - _ s - _ w~= ---~~-=