v� . . _
<br /> � � , �
<br />�.� �� �
<br /> t �tr: _ ,� �
<br /> P"� �
<br /> " �
<br /> not extend or ��oskpone the due date oi 2lie montl�l,y inst:illnients referred fo in parngra�phs 1 and 2 hereof or
<br /> change the amount of such instaliments.
<br /> ' 10. Bonower Not Released. �ztension of the ti�ne for pa,yment or modificaf,ion of amortization of the sums
<br /> secured by this .VIortgage granted bv I.ender to any �uccessoi• in interest of Borrower shall not operate to release,
<br /> in any manner, ti�e liability of tlie original i3orro�ver ;znd 13orro�ver:s successors in interest. Lender shail not be
<br /> required to cominence l�ioceedings agairist. such successor or refuse to extend time for payment or otherwise modify
<br /> amortization of the sums secured by tl�is \lortgage 1�y reaso�i bf �� ny demand �nade by the original Borrower and
<br /> � Borrower'Ssuccessors in interest.
<br /> • '. 11. Forbeazance by Lender Noi a Waiver. Any forbearance uy Lender in exercising any right or remedy
<br /> , hereunder, or otherwise afforded by applicable la��� , sliall not be a �i�aiver of or preclude the exercise of any right
<br /> or remedy hereunder. The I�rocureinent of insuranee or tlie payment of taxes or other liens or charges by Lender
<br /> shall not be n wa,ivei� of Lender's right to acoelerate the maturity of the indebtedness secured by this 'Mortgage.
<br /> ' 12. Rernedies Cumulative. All 1•emedies provided in tliis \4ozt.gage are distinct and cumulative to any other
<br /> zighE or remedy under t6is �Iortgage oi• afforded liy la��� ox• equic,y ; and may lm exercised concurrently, independ-
<br /> ently or successivelv:
<br /> � 13. Successors aad Assigas Bouud; 7oint and Several Liability; Captions. The covenants and agreements
<br /> (� herein contained shall Uind , and the rights hereunder shalt inure to, thd respective successors anci assigns of Lender
<br /> �,�; and Borrower, subject to the provisions of paragrapli 77 hereof: :1ll covenants ind agreexnents of Borrox�er shall
<br /> �,»+ be joint and sever�l. The captions and headings ot tlie paragrzphs of this �fort�a�e are for convenience only and
<br /> C� are not to be usect to interpret or define tl�e proz�isions l�ereof.
<br /> ;+ � 14. Notice. Any noticeto Borrower providec9 for in this \Iortgetge sl�all bc given by mailing sueh notice by
<br /> certified mail addressed to Borro�ver �t tlie Property Addi•ese stated below , except for any notice required under
<br /> p� paragraph 18 hereof to be givcn t,o F3orrower ici the iunruier �irescribecl by ap�ilicablc law: Any notice provided
<br /> I�, for in this �lortgage shall be deeined to l�ave been gi��en to Borro�+�er «�hen given in ihe inanner ciesignated herein.
<br /> 15. Uniform Mortgage: Governing Law; Severability. '.I'his Por�n of mortgage combines uniform covenants
<br /> for national use and non-uniform covenants witli limited varistions by jurisdiction to constitute a uniform secu-
<br /> rity instruiuent covering real property. This \tortgage shall be governeci by tl�e la�+- of the jurisdiction in which
<br /> the Property is located. In the event that any provision or clause of this \�Iortgage or the Note conflicts with
<br /> applicable law, such conflict shall not affect other provisions of this .11ortgage or the Note which can Ue given `
<br /> effect withouti tl�e conflicting provision , and to tiiis end t.he �'�rovisions of the \Iortgage and the Note are declared '.
<br /> �
<br /> to be severable. ;
<br /> 16. Boaowei s Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- ,
<br /> tion or after recordation hereof. �
<br /> < 17. Transfer of tlae Property: Assumption. If all or any part of tlie Property or an interest therein is sold
<br /> `; or transferred by I3orrower �vithout Lender's prior written consent , excluding (a ) the creation of a lien or encum-
<br /> brance suUordinate to tliis Mortgage, ( b) t}ie creation of s purch�se inoney security interest for household appli-
<br /> ances, (c) a transfer by devise, descent or by operation of ]a��� upon t.he death of a joint tenant or (d) th@ grant of
<br /> 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 this iVlortgage to be immediately due :�nd pay� ble, Lender shall have waived such '
<br /> !( option to accelerate if , prior to the sale or t.ransfer, Lender and the person to wliom the Propeity is to be sold or
<br /> ; transferred reach agreement in �vriting tl�at the credit of sucl� person is satisfactoty to Lender and that tLe interest
<br /> payable on the sums sec;ured by this llortgage shall be at. sucL rate as Lender shall request. If Lender has waived '
<br /> the option to accelerate provided in this pnrsgraph 17 and ii Borrower's successor in interest has executed a writ- �
<br /> ten assumption agreement accepted in writing Uy Lender, Lender shall release Borrower irom all obligations under
<br /> i this Mortgage and the Note.
<br /> ` If Lender exercises sueh option to sccelerr�te, Lender shull :nail Borrower notice of acceleration in uccordance
<br /> � with p�ragraph 14 hereof. Such notice sliall provide a period of not less tt�an 30 days from the date the notice is
<br /> inniled within whicl� Borrower may pay tl�e sums declared due. If liorro�ver fails io pay such sums prior to the
<br /> expiration of such period, Lender may , �vithout, further notice or demand on i3�orrower, im�oke any remedies per- s
<br /> + mitted by paragraph 18 hereof.
<br /> 1�Tox-Uxiaoxnz CovExw:. Ts. Bo �•row�ei• and Lendei• furtl�ei• coveiiant and ag•ree as follo�vs :
<br /> 18. Acceleration; Remedies. Except as pro�' ided in � �nruara�ih 17 hereof, upon Borrowei's breach ' of any
<br /> covenant or agreement of Borro«�er in this ,tm�tgaige, including tl�c covenants to pssy ���l�en tlue any swns secured
<br /> by this 1'Iortgage, Lender prior to accclerat,im� sl�all innil notice to I3orro�ver as providcei in paragrapl� 14 hereof
<br /> ' specifying : ( 1 ) the breacl� ; (2 ) tl�e action rcquired to cure sucli breacl� ; ( 3 ) a date , not less than thirty days
<br /> r from the datc the notice is uiailed to I3orro�vcr, by ��'hich sucli brencli must Lc cw•ed ; and ( 41 thnt failure to cure
<br /> such breach on or beiore tlie daie specified in the notice �nay result in accelei•ation of t.he suu�s secured by this
<br /> biortgage and sale of the Property. If the brcach is not cured on or before tl�e date specified in thc notice , Lender
<br /> at Lender's option may declare all of the suins secured by tl�is ��ortgage to be immediately due and payable
<br /> without further dein$nd and may foreclose tl�is 1Qortg3ge by judicial proceeding. Lender shall be entitled to collect
<br /> in such proceeding all expenses of foreclosurc, including; but not limited tu, costs of clocwnentary evidence,
<br /> ubstracts and titie reparts.
<br /> 19. Bonower's Right to Reinstate. \otwitlistaudiug Lender's .icceleration oP the su�nc secured by this
<br /> Mortgage, Borrower shall have the right to ha�•e any �>roceedinge begun by I.endcr to enforce this A4ortgage dis-
<br /> continued at any time prior to entry of a judgment enfoTcing this �4ortgage if : ( a ) Borrowec pays Lender sll
<br /> sums which would be then due under this 1lortg��e, the Note and notes securing Future Advances, ii any , had no
<br /> accelerstion occurred ; (b ) Borrower cures ulI breaches of any other co�-enant � m• agreements of Borrower con-
<br /> tained in this :Vlori.gage ; (c ) $orruwer pays uli reasouabl�� rapens�; iucw•red b}• Lcnde. ia cnforcing thc covenar_ts
<br /> and agreements oF Borrower contained in this �Iortgage and in enforcin� 7:cnder'� remedies as provided in para- '
<br /> graph 18 hereof, including, but not limited to, rensonable attorney s fee_ ; and (dl BorroK�er takes such action as
<br /> Lender may reasonably require to assure tl�at the lien of tl�is \Iortgssge„ Lendei's inierest in the Propert,y ancl
<br /> Borrower's obligation to ��ay the sums secured b,y this :�4ortguge shall continue unimpaired. Upon such puy ment 4
<br /> and cure Uy Borrower, this R4ortgage and the nbligations secured hereby shall remain ,in full force and effect as if _�$� , 4,s.,, '
<br /> no aceeleration had occurred. " �
<br /> 20. Asaignnaent of Re�ts: Appoiatment of Receiver; Lender in Possession. As additional security here- �� }�t �, �'
<br /> � under, Borrower hereby sssigns to Lender ti�e rents of tl�e Propert}• , provided that Borro«•er shall ; prior to acceler- �'`�,
<br /> atian under paragrap2� 18 hereof or abandonment of the Property , havc the rigl�t to collect and reGain bucli rents � ��,`
<br /> - ns they become due and psyable. '�"" ,
<br />� Upon aCceleration under paragbapl� 18 hereof or ataandonment of the Yropertv, Lenaer, in per�m�, bv ngent
<br /> ` or by judioially appointed receiver shall be entitled co enter upon , take po��ession of aud uianagc tLe Prqparty �
<br /> and t� collect the sents of the Property, inciuding throse past due: All rents colteeted by Lender or the receiver ,
<br /> shall be applied first to payment of the'eosts oS management of the Property ancl collection of rent�, includin�, but �
<br /> nub linaiLeci Lu, receivei'e feea, ��reruiuure on icceiz-cr's bondc sild reasona'alc att.orncy's fcrs . and thFn to thr sum�
<br /> secured by this Mortgage. Le�ider and the receiver sliall be lial�le ta account only for those rents �sctually receiveA.
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