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<br /> � not extend or postpone the due date o1 thc monthly installments referred to in garagraphs 1 and 2 hereof or
<br /> ; chaage the amount of such installments.
<br /> ` 10. $onower Not Released. . Extenaion of the time for payment or modiflcation of amortization of the eums
<br /> � . seeured, by this Mortgage granted by Lender to any successor in interest of Borrower shall not .operate to release,
<br /> i in any'manner, the liability ot tl�e original Borrower und Borrosver's successora in interest. Lender shall not be �
<br /> required to commence proceedings against'suc[� successor or refuse to extend time for payment or otherwise modify { ' n:
<br /> amortization of the sums secured by tt�is \fortgage by reason ot any demand made by the original Borrower and �' 4h"
<br /> Borrower's suocessors in interest. , _ ` :, . � �
<br /> 11. Fozbear�ace by Leader'Not -a Waiver. Any forbearance by Lender in exercising any right or remedy y . .�;
<br /> hereunder, or othei�wise afforded by applicable la�v; shall not be a wai-rer of or preclude the exerciae of any right %
<br /> or remedy hereunder. The procurement of insurance or the pnyment of taxes or other liens or charges by I,ender ` -� � �
<br /> t shsll not be a waiver of Zender's right to accelerste the �naturity of the indebtedness secured by this Mortgage. ,' •;
<br /> � .� 12. Remedies Cumulative. All remedies provided in tliis \4ortgage Are distinct an8 cumulative to any other
<br /> p right or'remedy under this _lIortgage or nfforded by lua• or equicy; and may be exercised concurrently, independ- `� �
<br /> � ently or successively. � ^
<br /> " Q� 13. Sueeessors �sd Aasigns Bound; Joiat �d Several Lialsility; Captions. The covennnts and agreements f �
<br /> herein contained shall bind and the ri hts hereunder ahall inure Yo the res ective successors nnd assi "
<br /> i G� , g , P gns of I,ender
<br /> _ � and Borrower, subject to the provisions of paragrnph 77 hereof. All covenants nnct agreements of Borrower shall
<br /> � p be joint and several. The captions and l�eadings of the ��aragraphs of tlTis llortgage are for convenience only and
<br /> ; y � are not to be used to interpret or define tlie provisions hereof.
<br /> ` � � 14. Notiee. Any notice to Borrower pro�-ided fm• in tliis �Iortga�c sha❑ bc given by mailing such notice by �
<br /> ` i certified mail addressed to Borron•er at tl�c Property �ddress stated below•, except. for any notice required under
<br /> psragraph I8 hereof to bc given to Borrower in the inanner pcescribed bp applicable Iaw. Any notice provided
<br /> � � forin this viortgage shall be deemed to havc been given to Borrow�er �vhen given in the manner designated herein.
<br /> ' j � 15. Uaitomn Mortgage; Goveming Law: Severability. Tl�is forni of mortgage combines uniform covenants
<br /> 3 for national use and non-uniform covenants �vitl� limited variations by jurisdiction to constitute a uniform secu- '
<br /> :.'� rity instrument covering real property. This � iortgage shall bc governed by the law of the jurisdiction in which "i
<br /> r� the Property is located. In the event that any provision or clausc of this D�orEgage or the Note eonflicts with
<br /> � applicable law, such conflict shull not affect other provisions of this \Iortgage or the Note which can be given
<br /> � effect without tlie conflicting provision, and to this end the provisions of the �lortgage and the Note are declared
<br /> � to be severable. ,
<br /> i 16. Borrower's Copy. Borrower shall be furnished a contormed copy of this DZort�age at the time of execu- �f
<br /> tion or aftex recordation hereof. �.� _
<br /> � 17. Traasfer of the Propezty; Assumptioa. If all or any part of the Property or an interest therein is aold � s!
<br /> or transferred by Borrower without Lender's prior �vritten consent , excluding (a) the creation of a lien or encum- `, � i `;
<br /> � brance subordinate to this Mortgage, ( b) the crention of a purchase money security interest for household appli- ? z,
<br /> ances, (c) a transter by devise, descent or by operation of ]a�r upon the death af a joint tenant or (d) tl�e. grant of f , �
<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 Mortgage to be immediately due and payable. Lender shall have waived auch 4 y
<br /> option to accelerate if, prior to tl�e sale or transfer, Lender and the person to whom the Property is to be sold or ^ � 4 �
<br /> transferred reacli agreement in writing tl�at the credit of sucl� person is satisfactory to Lender and that the interest ?'
<br /> payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived =��
<br /> the option to accelerate provided in this paragrap6 17 and if Borrower's successor in interest has executed a writ- <.�
<br /> ten sssumption agreement accepted in �vriting by I.ender, Lender shull release Borrower from sll obligations under �U
<br /> this Mortgage snd the Note. r
<br /> If Lender exercises such option to accelerate, Lender shall �nail Borrower notice of acceleration in accordance �y'
<br /> �vitl� parsgraph 14 hereof. Such notice shall pro�•ide a period of not less than 30 days from the date the notice is ,�:
<br /> mailed within which Borroµ•er may pay the sums declared due. If Borrower fsils to pay such sums prior to the v '
<br /> expiration of svch period, Lender mny, without furtlier noticc or demand on B'orrower, invoke any remedies per- �; s +`
<br /> mitted by paragraph 18 hereof.
<br /> �
<br /> � �� � NON-UNIFOR�M COVENA2STS. FSOl'1'OWCI' NIICl L0T1C1Cl' P711'tI1Cl' COVC'11HIlt and agree as � foIlo�vs : '� -
<br /> 18. Aeeeleration; Remedies. �xeept us provicte�l in piu•agr:qih 17 hereof, upon Borrower's breuch of any
<br /> covensnt orsgreement of Borro�ver in U�is �iortgagc, including thc covenants to pay when due any sums secured �,
<br /> by this Alortgage, Lender prior to accclerution shall �n�iil noticc to Borro�l•er ac ��ro�-ided in paragraph 14 liereof .
<br /> specifying: ( 1 ) the breacii ; f2 ) the nction required to ewr �ucl� breach ; (3 ) fl datc, not Icss than thirty days
<br /> from the date thc notice is �nuiled to 13orro«•er, by ��•I�icli sucli brcacl� uiust Uc cw•ed ; and ( 4 ) thnt failw•c to cure
<br /> such breach on or before tl�e date specified in the noticc ivay result in ucceleration of thc su�ns secured by this
<br /> VIortgage and sale of the Property. If the breacl� is not cvred on or beforc thc date specified in tlie notice, Lender
<br /> at Lender's option may declare all of the sutns secured by thi. Jlortgagc to be imtneciiately due and payable
<br /> without further demand and may foreclose t6is \Iortgnge by judicial proceeding. Lender shaU be entitled to collect
<br /> in such proceeding all expenses of foreclosure, inducling, but no[ limited to, costs of documentary evidence,
<br /> abstracts and title reports.
<br /> • 19. Bonowera Right to Reinstate. \Totwitt�standing I,ender's acceleration of the sume secured by this
<br /> Mortgage, Borrower shall have tl�e right to have any proceedings begun by J,ender to enforce this �iortgage dis-
<br /> , continued at any time prior to entry of a judgment enfoTcing thi� \Iortgage if : { � l Borrower pays Lender all
<br /> ,; i suma which would be then due under this �fortgage, the i`'ote nnd notes securing Future Advances, if any, hsd no
<br /> iscceleration occurred ; (b) Borrower cures all brenches of any other co�•enants or agreements of Borrower con-
<br /> � tained in this Mortgage ; (c) Borrower pays all reasonable e�pense� incurred by I.ender in enforcing the covenants
<br /> and sgreements of Borrower contained in this �lortgn�;e �nd in enforeing T.cndcr� remedics a� provided in para-
<br /> graph 18 hereof, including, but not limited to, rensonable attorne�-'s fee� : and 1'd ) Borrower takes such action as
<br /> ' Lender may reasonsbly require to assure thati the lien of this \Iortgage, Lender's interest in the Property and
<br /> `� Borrower's obligation to pay the sums secured by thi� �4ortgage shnll continuc unimpnired. Upmi such payment '
<br /> �; and cure by Bortower, this Mortgage and the obligations secured 2�ereb� shsll remain in tull force and effect as if „. �... ,. , � -
<br /> hoscceleration hsd occurred. �?+=
<br /> ? 20. Ahmi)ssmeat o[ Rsate; Appoiatmeat ot Receiver; Leadez in Possessioa As additionnt security here- �;'
<br /> '_� uader, Borrower Here6y aseigns to Lender the rents of the Property. r�rovided that. Borrower shall, prior to acceler- � p� f. ;
<br /> ation uader paragragh 18 hereof or abandonment, of the Property, h�xvc thc right to collect snd retain such rents �tx;°x n '
<br /> i� sdthey beCome due'aad payable. ' ��' `
<br /> Upon-acce3eration under paragraph 18 hereof or abandonment of the Yroperty. Lender, in person, bv agent ; s� ;
<br /> �'�- or .by:judicisily .appointed. receiver: shall . be entitled to enter upon, take possea.aion of nnd manage the Property " ' *�
<br /> _ , ,n. � .:.
<br /> a� -•and to collecE f.he- rents of the-Property, -including thoae+ past due. All mnts collected hy Lender or thc receiver ""� `
<br /> '.' shall be a Led, 6ret to
<br /> +� pp ' _ payment of�the costs of munageinent of the Property and collection of rents, including, but
<br /> not limited to, receiyer's fees, premiums on mceiver's UondF nnd reasonable attorney's fees, snd then to the sums
<br /> secured by this Mortgage. Lender and 'the receiver sl�sll be ►iable to account only for thosc rents actually received.
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