� �
<br /> t �---'°, '"".� �
<br /> not extend or ��ostpone the due date of t-hc montl� ly instnllments referred to in paragraphs 1 and 2 hereof or
<br /> ; chunge the amount nf such installments.
<br /> 30. Borrower Not Released. �xtension of the time for pa,yment or modiftcation of nmortization of the surns
<br /> i secured by this Mortgnge granted by I.ender to any cuccessor in interest of Borrower shsil not operate to release,
<br /> i in any manner, the Iiability of the original Borrower and Borrowcr's successors in interest. I.ender shall not be .;; , r.
<br /> �' required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify t, �
<br /> smortization of the sums secured by tl�is \iortgage by reason of any demand mude by the original Borrower and �
<br /> ' i Borrower's auccessors in interest. f "
<br /> � + 11. Forbearaaee by Leader Not a Wmver. Any forbearance by Lender in exereising any right or remedy
<br /> t hereunder, or otherwise afforded by applicable lativ, shall not be a wni-rer of or preclude the exercise of any rigtit
<br /> � or remedy hereunder_ The procurement of insurance or the payn�ent of taxes or other liens or charges by Lender 3"
<br /> ' ; shall not be u waiver of Lender's right to accelerate the mAturity of the indebtedness. secured by this Mortgage.
<br /> 12: Remedies Cumulative. All remedies provided in tliis \Zortgage are distinct and cumulative to any other
<br /> ' j right or remedy under this �Iortgage or afforded l�y la«• or equity, and may be exercised concurrently, independ-
<br /> ently or succeasively.
<br /> 13. Successors Qnd Assigns Bouad; Joint and Several Liability; Captioas_ Tiie covenants and agreementa
<br /> herein contained shall bind , nnd the rights hereunder shall inure to, thc respective successors and assigns of Lender
<br /> � and Borrower, subject to the provisions ot paragraph 17 hereof. all covenunts and agreements of Borrower shall
<br /> . � be joint and several. The captions snd headings of tl�c purngrnphs of this \fortgage are for convenience anly and
<br /> are not to be used to interpret or de&ne the provisions I�ereof.
<br /> 14. NoGce. Any notice to Borrower pro�•ided for in this \lortgage �liall be gi�•en by mailing such notice by
<br /> certified mail addressed to Borrower ut thc Property :lddrese wta.teci helo�e , except, for uny noticc reqnired under
<br /> j psragraph IS hereof to be given to Borro«•er in thc mnnner pceccribed bv ap�>licable ]aw. 3ny notice provided
<br /> for in this titortgage shall be deemed to ha�•c been gi�•en to Borro��•er tiehen give�i in the inanner designated herein. r ,
<br /> j 15. Uniform Mortgage; Governing Law; Severability. 'fhis for�n of u3ortgage combines uniform covenants
<br /> for national use nnd non-uniform covenants �vitli limited variutions b}• jurisdiction to constitute a uniform secu- � ' `
<br /> i rity instrument covering real property. This \Iortgage shall bc governed by the Is��� of the jurisdiction in which
<br /> the Property is locuted. In the event that �ny provision or clause of this Vlortgage or the Note conflicts with
<br /> applicable law, such conflict shall not affect other provisions of this \Iortgage or the Note �vhich cAn be given i
<br /> j effect without the conflicting provision, and to this end the provisions of the 1Iortgnge and the Note are declared
<br /> � to be severable. ;_
<br /> 16. Borrowez's Copy. Borro�ver shall be furnished a conformed copy of this D4ortgage at the time of execu- �
<br /> tion or after recordation hereof. -�
<br /> ; i 17. Tzansfer of tbe Property; Assumption. If all or any part of the Property or an interest therein is aold :' `�
<br /> ; or tranaferred by Borrower without Lender's prior written consent, excluding (a ) the creation of a lien or encum- '
<br /> � brance subotdinate to this Mortgage, ( b) the crention of a purchase moncy security interest for household appli- zi `
<br /> i ancea, (c) a transfer by devise, descent or by operation of la��- upon the death of a joint tenant or (d ) the grsnt of "
<br /> _ ; any leasehold interest of three years or less not containing an option to I>urchase, Lender may, at Lender's option, ,•�
<br /> declare all the sums secured by this Mortgage to be immediately due und pnyable. Lender shall have �vaived such �; �
<br /> option to accelerate if, prior to the sale or transfer, Lender snd tl�e person to whom the Property is to be sold or ' ',
<br /> j tranaferred reach agreement in writing tl�at the credit of such person is satisfactory to Lender and that the interest �
<br /> � payable on the sums secured by this Vlortguge sl�all be at such rate as Lender shall request. If Lender has waived , , , ,
<br /> ? the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ-
<br /> 'i ten assumption agreement accepted in �vritin� by Lender, Lender shall release Borrower from all obligations under . ;`
<br /> , this Mortgage and the Note.
<br /> 1 If Lender exercises sucl� option to acceterate, Lender shall �uail Bm•rower notice of acceleration in accordance
<br /> � with paragraph 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 Borrower may pay the sumc declared due. If Borrower fails to puy such sums prior to the � J
<br /> expiration of such period, Lender may, �vithout further notice or de�nand on B'orro«•er, invoke uny remedies per- `
<br /> mitted by parsgraph 18 hereof. 4
<br /> � Nox-UxiFoxni CovExnxrs. Borrower and Lender furtl�er covenant and agree as follows : � -
<br /> � 18. Acceleratioa: Remedies. Except as pro��ided in �r.u�agra��li 17 hcreof, upon Borrower'� hreach of any �
<br /> ' j covenant or agreement of Borro�s�er in tl�is �im•tgnge, including tlic covenan[s to pay �vhen due any sums secured
<br /> ; by this 1lortgage, Lender �irior to ucccleration sliall iunil noticc to Borro�ccr us �iro�•ided in paragrapli 14 hereof
<br /> . � Q specifying: ( 1 ) the breach ; (2) the :iction required to curc .uch breach ; 13 ) a datc, not less tlinn thirty days
<br /> � � from the date the notice is mailed to 13orro�cer, b�� ��-hicl� sucl� hreach iuust be cured ; and ( 4 ) that failm•e to cure
<br /> � � such bresch on or before tl�e date specified in tl�e notice �uuy resutt in acceleration of tlic swvs secured by this
<br /> Q Mortgage and sale of the Property. If the breach is not cured on or beforc thc date specified in thc notice, Lender '
<br /> i� Q at Lender's option iusy declare all of the sums secured by this vlortgagc to I�e immedintely due and puyable
<br /> ' . ; Q without further demand and may foreclose this \[ortgage by judicial proceeding. Lender shall be entitled to collect
<br /> � in such proceeding all expenses of foreclosurc, including, but not ] imited to, costs of docwnentary evidence ,
<br /> � � ubstracts and title reports.
<br /> - � 19. Boaowois Hiqht to Reinstate. \'ot«•ith:�tanding I.ender'. acceleration of the sums secured by this
<br /> � Mortgage, Borrower shall have the right to hsve nny proceedings begun by T.ender to enforcc this �Sortgage dis-
<br /> :{ continuedst any time prior to entry of a judgment enfo7�cing this \-fortgage if _ (n ) Borrower pays Lender ail
<br /> sums which would be then due under this \Iortgage, tlic 1Vote nnd notes securing Futurc Adcnncec, if any, had no
<br /> ' � acceleration occurred ; (b) Borrower cures all breache� of nn�• other cocenants or ugreements of Borrower con-
<br /> tsined in this Mortgage ; (c) Borrower pays nll reasonuble ex�iense� incurrefl h�• Lender in enForcing the covenants
<br /> ,� 'j and agreements of Bonower contained in this \4ortgage nnd iu enforcing LenQer'� re�nedies us provided in para-
<br /> ' graph 18 hereoF, including, but not limited to, reasonable attorne�'s fee� : and � dl Borrower takes such action as �
<br /> = i Lender may reseonably require to ussure that the lien of this \iortgage . T.ender's interest in the Property nnd
<br /> : ;� Borrower's obligation to pay the sums secured by thi� �Iortgagc ehall continue unimpaired . Uron such payment �' '
<br /> -? and cure by Borrower, t6is Mortgage and the obligations secured herebp c}�nll remain in full force and effect as if �� �' '"
<br /> � � no acceleration hsd oocurred. �
<br /> ,+'�� 20. Amigaat�a! oi:$eafs: Appoiatment o! Receiver; Lender in Possessioa As additional security here- � P� :
<br /> ,,� vnder, Borrower•Hereby asaigna to I:ender the'rents of the Property . pro�•ideci that Borrower shall , prior to acceler- .� �` ^
<br /> stion under paragraph 18 hereof or'sbandonment of the Property, hsve the riglit to collect and retuin such rents �^ ' µ '
<br /> ;� se they become due aad payable. ' �
<br /> '} ,, Upoli;aoceleration under paragraplt 18 hereof or abandonment of the Yroperty. Lender, in person, by agent ° �' r+'�
<br /> , ,,:r or by:judioielly appointed receiver�ahall be entitled to enter upon , take Poaeea�ion of and mana�e the Property ^'" g` " 1
<br /> , , ' and to colleot Lhe rents of the -Property, including: those paet due_ Ali rents collected by Lender or the receiver -
<br /> -> v} ahall be applied firstto payment of the costs of management of the Property and collection of rents, including, but
<br /> not limited to, receiver's fees, premiums on receiver's bonds and reasonnble attorney'� fees. and then to the sums
<br /> : � S6CllT2I; �y tI118 MOTCgA$P.. TRi1fIP.T RT(I t�1P T@CP7VPi �hnll he liahle� to nccoimt onl}• for thosc rcnts Zctuall�• reccived . 1 �
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