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Home My WebLink About0929 . 8. Inepection, l.ender may make or cauxe to be made reaeonable entriee upon and inepections of the propeirty, provided that l.ender ehall Kive Borrowe~ notice prior to any euch inepeNio~ specifying reaaonable cause therefor related to l.ende~ e interrat in the Property. 9. Condemnation. The proceeds of aoy award os claim for damagea, direct or coneequential, in connectiun with any condemnalion or uther taking of the property, or part lhereof, or [or conveyance in lieu of co~demnation, are hereby aeaigned and'ehall be paid to l.eader. In the event of a total taking of the Property, the proceede shall be applied to the euma secured by this Mortgage, with the exceae, if aay, paid to E3orrower. In the eve~t of a partial ttiking of the Property. unleea E3orrower and l.ender otherwiee agree in writing. there ehall be ~~pplied to the sume aecured by thie Mortgage auch proportion of the proccede aa ia equnl to that propurtion which the amount of the aume aecured by thia Mortgage immediately prior to the date ot taking bears to the [air market value of the Property immediately prior to the date of ti~king, with the balanca of the praceeds paid to Horrower. 1 f the P?operty ie aE~andoned by I3orrower, or if, after notice by [.ender to E3orrowe~ that the condemnor oftera to make an award or eettle a clxim for damugea, Horrower taila to reapond to I.ender within 30 daye afler the date euch notice ia mailed, I.ender ie authorized tocollect and :~pply the proceeds, at l.ender'e option, either to reetoration or repair of the property or to the auma eiecured by lhie Mortgage. Unleae l.ender and Borrower otherwise agree in writing, any auch application of proceeda to principal ehall not extend or poetpone the due date of the monthly instaliments referred to in paragrapha 1 and 2 hereof or chaoge the amount of such inatailmenta. l0. E3orrower Not Released. Extenaion of the time tor paymant or mudification of nmortization of the auma r~ecured by thia Mortgage Kranted by l.ender to any successor in intemst of 13urn?wer shall not operate to relei~se, in any manner, the linbility of the original Borrower und Borrower's successore io intereet_ l.ender xhnll not 6e required to rnmmence pr~x~eeciings againat auch succeessor or rnfuae to extend time fur pnymeni or otherwise mudiCy amurtizatiun otthe sums secur~d by this MortKaKe by reti~u~n uf ~ny demt?nd made by theoriginal f3orrower :~nd tiorrower s suttr~.~wr~ in interrst. 11. Forbearance by I.ender Not a Waiver. Any forbearance by l.ender in exemiainK nny right or remedy hereunder, or otherwiee :~fforded by applicable law, ahull not be n waiver of or preclude the exercii;e of nny such right or remedy. The pmcurement o[insur~nre or the E~:?yment of taxes or other liens or charges by I.ender ahall not be a waiver ut l.ender'a right to accelerate the muturity of the indebtedneae ,ecured by this Mortgage. 12 Remediee Cumulative. All remedies provided in thia Mortgage am diatinct and cumulative to any other right or remedy under thia ~tortrage or aftorded by law or equity, and may be exerciae~i concurrently, independently or succeaaively. 13. Succeasors and Aseigne l3ound; Joint and Several Liability; Captione. The covenants and agreements herein contained ahall nind, and the riRhts hereunder shaN inure to, the respective auccessors and assigne oi i.ender nnd iiortower, suoject co ine provisions oi p.+ragraph 17 hereof. All covenants and agreements of I3orrower shall be joint and severaL The captiona and headinga of the pnragrapha of this Mortgage are for covenience only and am not to be ue~ed to interpret or define the provisions hereof. 14. Notice. F:xcept fi~r nny notice required under applicnble Iz+w lo tx Ki~ en in another manner, (a) ~ny notice to F3orrower provided for in this Mortgage shal! be Qiven by mailinK such notice by certified muil nddmased to Rorrower at the {'roperty Addresa or at such other address as tiorrower may desiKnate by notice to I.ender ns provided herein, and Ib1 any notice to [.ender shall be given by certified mail, return receipt requeated, to l.ender's addre~ stated hemin or to such other addresx as I.ender mny designate by notice to Borrower as provided hernin. Any nutice provided for in this Mortgage ahall be deemed to have been given to fiorrower or l.ender when given in the manner aeaignate<i herein. 15. Uniform Mortgege; Governing Law; Severabilily.7'his formoCmortgagecomhines uniform coeenantsfornational useand non- unifurm cr~venants w~th limited variations by jurisdiction to constitute ~ uni[orm security instrume~t a,vering real pruperiy. Thia Mortgaqe ;hall be governrci by the law of the jurisdiction in which the 1'ruperty is locatcd. In the event that ~ny pr~~vi~ion orclause of this Mortgage or the Note contlicts with :~pplicable law, such confliM shall not af[ect other proviaions of thia MortKage ur the Note which can be Kiven effect ~.•ithout the conllictinK pruvision, ar~d to this end the provisions of !he MortKage and the Note arr declared to be severable. 16. Borrower'a Copy. E3orrower shail be furnished a cunformed cupy of the Note and of thiP MortKage at the time of execution or after recordation hereoL 17. Transter of the Properiy; Aaeumption. I[ all or any part of the F'roperty or an interest therein is sold or transferred by Borrower withuut I.ender's prior written consent, excluding Ia1 the creation nf a lien or encumbr?nce subordinate w this Mortgage, lb) the creation of a {~urchase money security intereat for household appliances, lcl a transfer by devise, dascent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intemat of three years or less n~?t containing an option to purchase, I.ender may, at Ixnder's option, declzre all the sums secured by this MortgaKe to be immediately due s~nd payable. l.ender shall have waived such option to accelerate if, prior a~ the sale or transfer, I.ender and the person to whom the Property ia to be sold or transferred reach aRreement in writing that the credit of auch n~~rson is satisfactory ta l.ender and that the intereat payable on the sums secured by this MortKage shall be at such rate as I.ender ehall r~~yuest. If Ixnder has waive~l the uption tu accelerate providcYf in this puraKraph 17, and if Borrowei s successor in interest hau executed a i w•ritten xssumption aRreement acceptEtil in w•ritinK by I.ender, l.endershall rele.~se Borrower frrzm all obliKationa underthis Mortgage and the _ \ nte. ~ If l.en~er exe?c~ses such opt~un tu ucceler.ite, f.ender shaii maii fiorrower noiimof acceleratiun in accordancr wiih par.igraph id hereoi. ~ tiuch notice ahall provide a periud uf not less th:~n 3(ldays from thed:itethe nc~tice ix rr.ailtd within which Borrc,wermay pav thesums declared ~ due. If Burrower fails to pa~ such sums priur tu the expirati~m of such periud, Iw•nder may, without further notim or demand on Eforrower. ~nvoke:?ny remedi~~s permitted by par:~Kraoh Ist hereof. ,I ~ IS. Acceleration; Remedies. F.acept ae provided in paragraph 17 hereof. upon Borrower's breach of any rnvenant or ~ uRreement of Borrower in thia Mortgage. including the covenant~ to pay when due any sumsaecured by this Mortgaqe. Lender i prior to acceleration shall mail notice to Rorrower us provided in paragraph 14 hereotepecifying:l l) the breach;(2) the action i reyuired to cure duch breach; (31 a date. not lesa than 30 days from the date the notice ie mailed to Borrower. by which such '::zacls r.i:s~t be r-arsd: and =4S .::at fai:ure :o r;srr xurls ~Sr~ssh un n: befnre the date spec':fed in ihe notice may res!~!! en - acceleration of the sums secured by this Mortgage, forecloxure by judicial proceeding and sale of the Property. The noticeshaU ; further inform E3orrower of the riqht to reinstate after acceleration and the right to assert in the foreclosure proceeding the nun-e:ietence of e default or any other defense of Borrower to acceleration and foreclosure. It the breach is not cured on or ~ tx fore the date epecified in the notice. I.ender at Lender'a option may declare all of the suma secured by thi~? Mortgsge to be ~ immediately due and payable without furlher demxnd and may foreclose this Mortgage by judicial proceeding. l.endershall be ~ .~ntitled to collect in such proceeding all expensex of foreclosure. including. but not limited to. reasonable attorney's fees, and ~ cusle of documentary evidence. abstractv and title reporta. 19. Borrower's Right to Reinatate.l\otwithstandinR I.ender's acceleration of the sums secured by this Mortgage, I3orrower e~hall have ~ the riqht to have any proceeding6 begun by 1.ender to enforce thi~ 11ort~aKe discontinued at any time priar to entr! of a jud~.m?ent enforcinq j thia MortgaKe i[: (a) Iiorrower pays I.ender all sums which would be then due under this Mortqage, the Note and notes aecuring Future ~ ~ Advancea,ifany,hudnoacceleratiunoccurred;~blRorrowercuresallbreachesofanyothercovenantsoragreementaofE3orrowercontainedin s` i this Mortgage; (c) Borrower pays all reasonable expenses incurred by [.ender in enforcing the covenants and agreements of Borrower ~ ~ cvntained in this Mort~aRe and in enforcing l.ender's remedies as provided in paragraph 18 hereof, including, but not limited to, reaaonable attomey's fees; and (dl Borrower takea such acti~~n as I.ender may reasonably require to assure that the lien of this 1~IortqaRe, Lender's interest in the Property and E3ormwer's ubliqatiun to pay the sums riecured by this Mortgaqe shall continue unimpaired. Upon such payment and curn ~ by E3orrower, this Mort~age and the obliKations secured hereby shall remain in full force and etfect as if no acceleration had occurred. I 20. Asaignment of Renta; Appointment of Receiver. 4s additional eecurity hereunder, l3orroxer hereby aasigns to I.enderthe rente ~ of the Property, provided that Borrower ahall, prior to acceleration under paraqraph lA hereof or abandonment of the Property, have theright to collect and retain auch rents as they becomP dLe an~ payable. ~ Upon acceleration under paragraph lA hereof or abandonment of the Property, Lender ahall be entitled to have a receiver appointed by a i rnurt W enter-upon, take poasesaion of and manaqe the Property and to collect the rents of the Property, including those past due. All renta ~ co!lected by the receiver ahal) be applied firat to payment of the costs of manaqement of the Pmperty and rnllection of rents, including, but not ~ I~mited to, receiver's fees, premiums on receiver'a bonds and reasonable attorney'e feee, and then to the aums secured by thie Mortqage. The ; receiver ahall be liable tn acoount only for thoae rents actually received. ~ ~ ~ ~ 830X •.)5~ Pw~f J~O ~ ~ ~ . . - - ~