,
<br /> _ _ . � -, �
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<br /> not extend or ��ostpone the due date oi thc montlily insr,tllments referred to in parngraphs 1 and 2 hereof or
<br /> change the amount of such instsllments.
<br /> % 10. Bonower Not Released. �xtension of the time for pa,yment or modification of amortizution of the sums
<br /> ` secured bythis Mortgage granted l�y I.ender to any �uccessor in inierest ot Borrower shall not operate to release,
<br /> ; in any manner, .the liability oF the original Borrower and Borrowcr's successors in interest. Lender shall not. be
<br /> ' � required to commence proceedings against suclr successor m• refusc to extend time for payment or otherwise modify '
<br /> �, Q7 amoztization of tlie sums secured by this \fortgage by reasou of any demand made by the originul Borrower and �
<br /> -+ r—! Borrower's sucaeasors in interest. t
<br /> '- ' � � 1L Fozbea=miee by Lendez Not a Waiver. Any forbearance by Lender in exercisin� any right or remedy
<br /> ' p hereunder, or othernise afforded by applicable la�v, shu71 not be n �sai�er of or preclude the exercise of any right �
<br /> � Q or remedy hereunder. The procurement of insurancc or the payment of taxes or other liens or charges by Lender Y ' f'
<br /> S Q shsll not be a wniver of Lender's right to accelerate the maturity of the indebtedness aecured by this Mortgsge. �
<br /> �- ; � 12. Aemedies Cumula6ve. All remedies provided in t.his \lortgugc are distinct and cumulative to any other ;
<br /> right or remedy under this �Iortgage or affor<icd I�c . la��• or cryuit.y. and may be exercised concurrently, independ- ; . ' t'
<br /> ' � � ently or successively. _
<br /> 4 n, 13. Sueeessors mad Assigas Bound: Toint �d Several Liability; Captions. The covenants and agreements
<br /> herein contained shall bind, and the rights I�ereunder shall inure to, thc respectivc successors and assigns of Lender � .
<br /> nnd Borrower; subject to the provisions ot paragrapl� 17 hercof. ;1I1 covenunts and agrecments oP Borrower shall
<br /> � be joint and severnl. The captions nnd l�eadings of d�c ?�aragrnph.� of this \Iortgage are for r,onvenience only and t
<br /> } are not to be used to interpret or define tl�e provision. hereof. F-
<br /> i 14. Notice. Any notice to Borrower pro�•ideci for in tl�i� \ lortgage shall be gi�•en by mailing such notice by �'
<br /> ' certified mail uddressed to Borro«•er .it 'thc Yroperty .�ddress �Gued hclo«• , exce��t for any notice required under jr
<br /> -1 paragraph 18 hereof to be given to Borro«•�r in thc �n�nner prescrihed by :tpplicablc lun•. Anc notice provided '
<br /> ' for in tl�is �Iortgagc shall bc deernecl to lin�•c bcen gi�•en to Borro«•er �vhen gi�•en in the manner desi�nated herein. 4
<br /> � 15. Uniform Moztgage; Goveming Law; Severability. 'I'his fonu of �uortgagc rombines uniforin covenants "
<br /> ; for national use and non-uniform covenants witL limited variations by jurisdiction to constitute n uniform secu- �
<br /> � rity instrument covering real property. This \ Iortgage shall bc governed by the la�v of the jurisdiction in which -
<br /> ' the Property is located. In the event that :iny provision oi• clause of this \iortgage or the Note conflicts with �'
<br /> ' upplicabie Iacv, such conflict shall not affect. other provisions of this \Iortgage or the Note which can be given t
<br /> ' ' effect without the confticting provision , and to this end the pro��isions of the �Iortgage and the Note are declared ;', ,
<br /> � to be severable. S '
<br /> � 16. Borzower's Copy. Borro�cer sl�sll be iurnished a confor�ned copy of this illortgage at the time of exeeu- € 4;'
<br /> � tion or $fter recordation l�ereof. � �
<br /> 17. Traasfer of the Property; Assumption. Ii all or any part ot the Property or an interest therein is sold � ��
<br /> � or transferred by Borrower without Lender's prior �vritten consent , excluding (a) the crention of a lien or encum- i - t r^�
<br /> ; brance subordinate to this Mortguge, ( b ) the creation of tt purchase :noney security interest for I�ousehold appli- �°'
<br /> � ances, (c) a transfer by devise, descent or by operation of la«- upmi the death of a joint tenant or (d ) the_ grant of � '���
<br /> ' any leasehold interest of three years or les; not containing an option to purchase, Lender may, at Lender's option, � „, ��,
<br /> declare all the sums secured by this vIortgage to be i�runediutcly due and }�ayable. Lender shall huve �vaived such { : f�,��
<br /> .( option to aecelerate if, prior to tl�e sale or transfer, Lender a��d the person to �vhom the Property is to be sold or , = �w,'"� v,
<br /> � transferred rescl� agreement in �vriting Lhat the credit of sucl� person is satisfactory to Lender and that the interest ; ,' , , ,'��
<br /> payable on the sums secured by this �lortga�e sliall be at sucL rate as Lender shall reryuest. If Lender has waived ± �'�Y;i
<br /> the option to accelerate provi3ed in this paragrapl� 17 and if Borrower's successm• in interest has executed a writ- � „�?;
<br /> i ten assumption agreement accepted in writing bp I.ender, Lender shall release Borrower from all obligations under � =k�
<br /> I this Mortgage and the Note. ? � a
<br /> � If Lender exercises such option to accelernte, Lender shall �nnil Borrower notice ot acceleration in accordance � z
<br /> with paragraph 14 hereof. Sueh notice sltall pro�•ide a period af not less than 30 days from the dute thc notice is c 'a
<br /> - i mailed within which Borrower may pa}• thc sums declared duc. If Borrowcr fsits to �iay such sums prior to the i '
<br /> � expirstion of such period, Lender may. without furtlier notice or de�uand on B'orro�ver, invoke any remediea per- � '�
<br /> ' y mitted by paragraph 18 hereof. • r ,� ,
<br /> � �
<br /> � ti�ON-UNIFORDf Covsxnxn. Borro�ver and Lendei• t'in•tl�er covenant and a�ree x� follo�vs : � �,�� ,
<br /> � 18. Aecelaration: Remedies. Exce�it :�� pi•o��ided in � �arngr:i� �h 17 hereof, upon Borrower's breach of any � . �`
<br /> � covenant ar sgreement o[ Borro�vcr in tl�is \fortfiafic, including t6c covenants to ��ay wlicn duc any sums secured s ` "
<br /> � by this \Sortgage, Lender prior to :uceleratiou ;I �ull muil notice tu Borro�ver ati pro�-ided in paragrapl � 14 I�ereof _
<br /> ' specifying: ( 1 ) the breach ; ( 21 tl�e nction rcquired to curc .uch hreuch ; 13 ) n date, not less thun ihirty days
<br /> , � from the date the noticc is mailed to Borro���cr, bt� ��•hicl � �ucli breach must bc cured ; and � 4 ) that fuilw•e to curc
<br /> ' � such bresch on or before the date specified in the noticc u�uy result in acccleration of the sumc secured by this ;.
<br /> Mortgage and sale of the Property. If the breach is not cw•ed on or beforc the date specificd in thc notice, Lender
<br /> ' at Lender's option may declare sll of thc sums secured by this �iortgage to be immediately� due and payable "'
<br /> � without further demand and may foreclose this �Iortge;gc by judieinl proceedin�;. Lender shxll bc entitled to collect
<br /> in such proceeding ull expenses of foreclosurc, including, but not liiuited to, costs of documentary evidence,
<br /> 1 ubstracts and title reports.
<br /> j 19: Bonowei s Right to Rainstate. Not«•itlistanding I.ender's sscceleration of the sumc secured by this _
<br /> # Mortgage, Borrower shall have the right to hn�•e any proceedinge iiegun by Lendcr to enforce thia lfortgage dis- �
<br /> � continued at any time prior to entry of a judgment enforcing this \Iortgage if : lu l Borro��-er pays Lender all
<br /> snms which would be then due under this �tortgage, d�e Note nnd notes securing Future :�dvances, if any, had no E
<br /> k acceleration occurred ; (b) Borrower cures all breaches of an}• other coccnantc or agrcements of Borrower con- f
<br /> . ' � tained in this Mortgage ; (c ) Borrower pays all ressonablc e�pense: incurred by I.ender in enforcing the covenants �
<br /> and sgreements of Borrower contained in this \Iort{�u�;e and in enforcins; i.cndcr'.� mrnedie� ns ��rovidecl in par�- �
<br /> ; graph 18 hereof, including, but not limited to, reasonnble nttorney's fee: ; and td ) Borrower tal:es such uction as
<br /> . + Leader may reseonably require ta assure that the lien of this \fortgage, Lender's interest in the Property and
<br /> , � Borrower's obligation to pay the sums secured by this �IortgnGe �hnil continuc unimpuired. UPon such payment ,�, �`
<br /> and cure by Borrower;'this vfortgage and the obliqations .ecured h�rebp shall remain in full force and effect as if `r*--"""`
<br /> 1{ , no acceleration had occurred. '
<br /> � , 20. Assic�tmtsnt of Reats; Appoiatmeat of Rseaiver Lender in Posseseion. As additional security here- � '; ;` ' ?
<br /> i �.. under, Borrowerhereby aesigns to Lender the'rents oGthe Propert�•. pro�•ideci that Borro�ver shall , prior to acceler w,;''.
<br /> ,, a t i o n v n d e r p a r sgrap h 18 hereof or abandonment of tl�e Property, hsvc the riglit to collect and retain such rents #:;:
<br /> B $
<br /> � � as they become due and payable_ ���
<br /> Upon,accelerstion under paragraph 18 liereof or abandonment of the Yroperty, I.ender, in person, by agent �<' " " `�
<br /> ' 2� or by judicially. appointed receiver,shali be entitled to enter upon. take posees�ion of und inanuge the Property -�%�� �;�
<br /> • � and. to• collect the :rente of the Psoperty; including those pa=t due. All renta collected by Lender or the receiver ~.~
<br /> r,j shs1I be applied first to payment of the costs. of msnagement of the Propeny and collection of rent,, including, but
<br /> �%� t aot limited to, recgiver's feea, premiums on mceiver's bonds and reasonable attorney's teee, and then to the swns
<br /> ' ; secured by this Mortgsge. I,ender and the receiver shall be liuble to account only for those rents ach�ally recei�•ed .
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