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<br /> not extend or postpone t.l1e due date bt tlie inontlily instnl6nents refe2•red to in paragrapLs 1 annd 2 hereof or
<br /> change the amount of such installme»ts:
<br /> 10. Borrower Not Released. Lxtension nfitlie time for payment or modification of amortization of the sums
<br /> secured by this Vlortgage granted by i.ender to -any successor in interest of Borroiver shall not .operate to' release, '
<br /> in any manner, the liubility of tLe original Borroweir and I3orrower's suecessors in interest. Lender shall not be
<br /> required to commence piroceedings against such 'successor or refusc to extend time for payment or otherwisc modify
<br /> amortization of the sums secured by t1�is .11ort�ssge 1�y i•easoii of any demand in�de by t}ie original Borrower and
<br /> Borrower's successors in interest. ° r ''
<br /> � �� �� 11. �Forbearance by Lender Not a���Waiver. ��� Any forbeurance by Lender in � exercising any right or remedy � � F .�
<br /> ` � ' hereunder, or otherwise afforded by applicable lac��, shall not be a waiver ' of or preclude the exercise of any right � ,-
<br /> � � or remedy hereunder: The procurement of insurance or tl�e �iayment of taxes or other liens or charges by Lender ��
<br /> � �`" '" shall not he a waiver of i,,ender's rigf�t to accelerate the n�aturity , of the indebtedness secured by this Mortgage.
<br /> ; '; C`� 12. Remedies Cumulative. All remedies ��rovided in tl�is \+Iortgage are distinct and cumulative to any other i `
<br /> z ' . C.+ ` right or remedy under this �Tort,gage oi< ufforded by lu�e or equiiy; and �nuy I�e exercised concurrenbly, independ- t "
<br /> s " C:� ` ent3y'or successively. '
<br /> � 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The coventtnts and agreements :
<br /> T ' � herein contained shall bind, and tlie"rights l�ereunder ehall inure to, thc respectivc successors and assigns of Lender ` "
<br /> ' , x ^ and Borrower, subject'to t}ie provisions of parr�graph 17 hez•eof. All co�-enants and agreenSents of Borrower ahall t '.
<br /> ,, be ;joint and several. Tlie captions and I�eadings of tlie paragr:���h, of this \lortgage are for convenience only and
<br /> } are not t,o be used to interpret or define tl�e provieions Lereof. i
<br /> � ]4. IYotice. Any notice to Borrower i�rnvi�9cd for in tl�is :1lortgxge shall be gi��en by mailing sueh notiee by
<br /> certified inail aadressed to Borrower aC t.1�c Property Address stated below , except for any notice required under '
<br /> �? paragraph 18 l�ereof to be gicen to Borro�ce3• iti tl�e manner prescribed Uy applicable 1�w. Any notice provided "
<br /> , for in this �Sortgage shall be cleemeci to l�avc been given to Borro���er when given in thc manner design� ted herein . ,
<br /> ` 15: Unifozm Mortgage; Goveming Law; Severability. 'I'his form of mortgage combines ' unifozm covenanta "
<br /> ? for national use and non-uniform coven�nts �vitl� limited eariations bY ] urisdiction to constitute a uniform secu-
<br /> rity instrunient covering real property. This \-iortgage shall be governed uy the law of the jurisdiction in which ?`
<br /> ' the Property is located. In the event that any provision or clause of this \4ortgage or the Note conflicts �vith "
<br /> ,: � applicable law, such conflict shall not affecC. otlier provisions of this �Iortgage or the Note which can 6e given
<br /> effect without the conflicting provision , and to this end the provisions of the blurtgage and the Note are declared ^
<br /> to be severable. "
<br /> 16. Bonower's Copy. Borrower shall be furnisl�ed a conformed copy of this D4ortbage at the time of execu- �
<br /> tion or after recordation hereof.
<br /> ; , 17. Transfer of the Property; Assumption. If all or any purt of the Property or an interest therein is eold
<br /> � or transferred by Borrower without Lender's prior written consent, excluding (a) the creatiai of a lien or encum-
<br /> brance subordinate to this \Zortgage, , b) the creation of a purchase money security interest for household appli-
<br /> � ,', ances; (c) a transfer by devise, aescent or by operation ot' la�v upon the deatl� of a joint tenant or (d) the, grant of
<br /> j any leasehold interest of three years or less not containing an option to Purchase, Lender may, at Lender's option,
<br /> declare all the sums secured by tliis '_�Iortgage to Ue iminediatcly due and payable. Lender shali have waived such
<br /> ,' option to accelerate if, r�rior to tl�e sale or transfer, Lender and tl�e person to whom the Property i� to be sold or
<br /> ; transferred reach agreement in �vriting that the credit of sucl� peraon is satisfactory to Lender and that the interest �
<br /> t payable on the sums secured by this Mortgage shall be at eucl� rate as Lender shall request. If Lender has waived
<br /> tve option to accelerate provided in this paragraph 17 and if I3orro�ver's successor iiz interest has executed a writ-
<br /> � ten assumptaon agreement accepted in writing by Lender, Lender shall release Borrower from all obligatione under
<br /> � this Mortgage and the Note.
<br /> � If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance
<br /> ivith parstgraph 14 hereof. Suclx notice shall proridc a period of not less than 30 d� ys from the date the notice is
<br /> � - mailed within which Borrower muy pay the sums declared duc. If Borrower fails to I�ay such sums �rior to the
<br /> " expiration of such period, Lender may , �vithout furtlier notice or decnanci on I3'orrower, invoke any remedies per-
<br /> E mitted by paragraph 18 hereof. � '
<br /> i �
<br /> ; l��ox-UxiFoa.nz C:ovExwx7�s. Borro�ver and Lender fui•thei• coveiiant and ag•ree t�s follo�vs :
<br /> 1 18. Acceleration; Remedies. Exce��t us �>rovidecl in �uu�:lgra�,h 17 lic:reof, uj�on Borrower 's breacii of any
<br /> � covenant or agreement of Borra�eer in this 31ort �:ige, including thc covenants to ��ay is•]�en due any Gmns �ecured
<br /> � by this :�Sortgage, Lender ��rior to acceleration shall muil noticc to Borro��-cr us ��ro��idecl in �>aragraph 14 hereof
<br /> �; specifying : ( 1 ) the Ureach ; (2) tl�e action requireci Lo curr nuch bre�ch ; 13) a dutc , not, iess than thirty days
<br /> from the date tlie notice is muiled to I3orro�ver, by ��-hich such brencl� �iiust bc riu•ed ; ancl ( 4 ) that failui•e fo cure
<br /> � such breach on or before tl�e date specified in the noticc �uay i•esull in � cceleration of tlie sums secured by this
<br /> ' :�fortgage and sale of the Property. If the brer�cli is not cw•ed on or befoi•e t3ic dat.e specified in tl�e notice, Lender
<br /> at Lender's option inay declare all of t,he suuis secured by this \4ortgage to be iimnediatel� due nnd payable
<br /> without further demand and may foreclose tliis 17ortgage by ,judicial proceeding. Lender shsll he entitlect tv collect
<br /> in ` such �roceeding all expenses of foreclosure , inclu�ling, but. not limited to, costs of docwuentary evidence,
<br /> abstracts and title reports.
<br /> 19, Boaower's Right to Rainstate. Not�w�ithstanding I,ender's acceleraitiqn ot the smns secured 1>y this
<br /> Mortgage, Borrower shall have the righ£ to l�a�•c any proceedings begun by I.ender to enforce t6is �4ortgage dis-
<br /> continued at any time prior to entry of a judgment. enfo#�cing this �tortgage if : ( al Borro�ver pa,ys I,ender all
<br /> sums which would be then due under this 34or[gage, the IVote and notes securing Future Ad��auces, if any , had no
<br /> acceleration occurred ; {t� ) $orrower cure� sll t>reaches of am� other cocenants or agreements of Borrower con-
<br /> tained in thix A�ortgsge ; (c) Borrower pays all rea;onat�le expenses incurrcd hp I,ender in unforcing the covenlnts
<br /> e,
<br /> and agreements of Borrower conLained in il�i� lfurxga�e anci in eniorcin� Lender's reiuedies ss provided in para-
<br /> grophl8 hereof, includi�g, but not limited to, reasonxl�le sitornev�: See� ; and (dl I3orrower t.akes such action xs
<br /> Lender msy reasonably require to assure that the lien of this ;llortguge , Lender's interest in the Property and
<br /> Borrower's obligation to pay the sums secured by this �Sortgage �liall continue unimpaired. Upon such Payment �g
<br /> snd cure by, Borrower, this Mortgage and Llie obligataais secured l�erebp al�all remain in full force and effect as if � �d ' „+, ,
<br /> ' no accelerstion had occurred. " ' - `t °^ ��4'
<br /> 3 20. Assigameat of Reats; Appoiatraeat of Heceiver; Lender in Possessioa As additional securif.y here- ?�; ' ��
<br /> ' � undei, Borrower here6y assigns to Lender tiie rents of ttre Properry . pro��ided tliat Borro�ser shall, prior to acceler- '�'� �r .
<br /> ation under paragraph 18 he�reof or sUandonment of tlie Property, have the right to collect and retain such rents �� '��'
<br /> as they become due and.psyable.
<br /> Upota sccelerstion under �aragrawl� 18 hereoE or slisndon�nent ot tlie YiroE>erLy , Len�er, in ��erson, by ageni % �'{� �"
<br /> ;, or by judicieliy Appointed receiyer shall he entit-led to enter upon , taki I�oseesEion of anc9 �nanage the Property '' , + ' '
<br /> : ;. and to collect the renta of the �'roperty, including those.{3ast due. All i•ents coliected by Lender or the receiver " '+ -
<br /> shall be applied first to payment of the costs of cnanagement of tlie Property and collection of rent.s, including, but
<br /> not limited to, receiver's fees, premiums on receiver's bonrl.� snd reasonzible attorne,; 's feee . and then to the suma
<br /> � secuzed hy th.is :�lortgagc. Lender and the recci��cr sl�:�ll lfc ;iaUle :o accoucil unly fur tLoa� reut � ucl.u,illy receitie�i .
<br /> , �� ..,.. .. . . .. _ . . .. . . , _ . _...� . 1 .
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