,. r �
<br /> ,.-,, .._„ .
<br /> �:
<br /> . not extend or postpone the due date ot the monthly instalLnents referred to in paragraphs 1 and 2 hereof or
<br /> change the amount ot such instsllments.
<br /> 10. Boaower Not Released. �xtension of the time for pa,yment or modiflcation of smartization of the aums
<br /> i ' secured by this Mortguge granted by I.ender to any successor in interest of Borrower shall not operate to release,
<br /> i in any munner, the liability of the original Borro�ver and Borro�ver's successors in interest. 7.ender shall not be
<br /> j required to commence proceedings against such successor or refuse to extend time for payment or otherwiae modify !
<br /> � amortizntion of the sums secured by tl�is \Iortgage i>y reason ot an�• demand made bp the original Bonower and ;
<br /> Borrower's successors in interest.
<br /> " � ri 11_ Forbe��ce by Lender Not a Wmver. Any forbearance by Lender in exerciaing nny right or remedy
<br /> � ��� hereunder, or othenvise afforded by applicuble law, shall not be a ��•si✓er of ar preclude the exercise of any right
<br /> � � or remedy hereunder. The procurement of insurance or the payment of taxes or oLher liens or charges by Lender '
<br /> , � � ahsll not be a wuiver of Lender's right to accelerate the muturity of the indebtedness secured by thia Mortgage. _
<br /> ' � � 12. Remedies Cumulative. All remedies provided in tLis �fortgage are distinct uud cumulative to any other ; _
<br /> ' � ;�: right or remedy under this _llortgagc or affordcrl b�� la��• or equity, and msy be ezerciaed concurrently, independ-
<br /> entiy or successively.
<br /> 1 � 13. Suceeasors aad Assigns Bound: Joiat �d Several Liability; Cap6ons. The co�•enants and agreements
<br /> ' � herein contnined shall bind , nnd tlie rights hereunder ;hall inure to, thc respectivc successors and assigns of Lender
<br /> � and Borrower, subject to tl�e provisions of parugraph ] i hereoP. �1J covenant� and agrecments of Borrower sha11
<br /> � be joint nnd several . The captions and liendings o[ tl�e paragraphs ot this \Iortgagc are for con�•enience only and ;
<br /> ; are not to be used to interpret or define the provisions hereoi. '•
<br /> 14. Notice. Any noticc to Borro�cer pro�•ided for in tl�i� \lortgage shull be �i�•en by mniling such notice by
<br /> ; certified �nail addressed to Borro«•cr at the Yropertc Addres, sti�ted bclo��•, except for an� notice required under
<br /> paragraph 1S hereof to be gi��en to Borro�cer in the manner �irescribed by :tp��licablc law. any notice provided
<br /> tor in this �Iortgage shall be deemed to hxve i�cen gi�•en to Borrow•er �v4�en given in thc manner designuted l�erein.
<br /> 15. UniEorm Mortgage; Governing Law; Severability. 'fl�is form of �nortgage combines uniform covenants
<br /> for national use and non-uniform covenants with ]imited anriations by jurisdiction to constitutc a uniform aecu-
<br /> rity instrument covering real property. This \fortga�e shall bc �overned by the ]sw of the jurisdiction in which
<br /> the Property is located. In the event thut any provision or clausc of tl�is \�Iortgagc or the Note conflicts with
<br /> npplicsble Iaw, such conflict shall not affect other provisions of this \Iortgage or tl�e Note which can be given
<br /> ,: ; effect without the conflicting provision, und to this end t.he provisions of the 3iortgage and the Note are declared
<br /> to be severable.
<br /> 16. Borrower's Copy. Bono�ver shall be furnishect a conformed copy of this 1-fortgage at the time of execu- •
<br /> tion or after recordation hereof.
<br /> ' 17. Tr�sfer of the Property; Assumption. If all or any part of the Property or an interest therein is eold
<br /> ' � or transferred by Borrower without Lender's prior written consent, excluding (a ) the creation of a lien or encum-
<br /> i
<br /> brance subordinate to this Vlortgage, ( b ) tlie creation of a purchase money security interest for houaehold appli-
<br /> snces, (c) a transfer by devise, descent or by operation of la��• upon the death of a joint tenant or (d) the grant of
<br /> � any leasehold interest of three years or less not containing an option to purchase, Lender inay, at Lender's option,
<br /> ;- { declare all the sums secured by this Vlortgage to Uc immediutely duc and payable. Lender shsll have waived such
<br /> option to necelerate if, prior to the sale or transfer, Lender and tl�e pe�son to �vhom the Property is to be sold or
<br /> transferred resch agreement in �vriting tl�at the credit of such person is satisfactory to Lender and that the interest
<br /> ; payuble on the sums secured by this Viortga�e shall be at sucl� ratc ss Lender shall request. If Lender has waived ¢`
<br /> ! the option to accelerate provi3ed in this parssgrnph 17 and if Borrawer's successor in interest I�as executed a writ- ,:';
<br /> ten assumption agreement accepted in �vriting by I.ender, Lender shall release Borrower trom all obligations under
<br /> .� this Mortgage and the Note. i
<br /> If Lender exercises such option to accelerate, Lender shu11 :unil Borrower notice of acceleration in accordance
<br /> ' ! �vith paragraph 14 hereof. Such notice shall procide a period of not less than 30 days from the date the notice is
<br /> � mailed within wliich Borrower may puy the sums declared due. If I3orrower fails to pay such sums prior to the
<br /> eacpiration of such period, Lender �nay, «•ithout further notice or deinund on Borrower, invoke any remedies per-
<br /> ; ,j mitted by parsgraph 18 hereof.
<br /> � ` � �TON-UNIFOR�M COVENASCTS. BOPl'OR'@7' All(� L0IlC1@I' PUI't11B1' COVC11RIlt and ugree as follows : . � �.
<br /> i18. Acceleration; Remedies. Escept ac p��ovided in �ru•a�raph 17 I�creof, upon Borrower's breuch of any
<br /> : � covenant or agreement of Borrow•er in tl�i� tI01't �.[Rf,l`. IOCIUCIIiI� LIIC covenants to ��ay �sLen duc nny sums secured
<br /> by this �lortgage, Lender ��rior to accelerntion shull w:iil noticc to Borro���cr ns providecl in pura�rapl� 14 hereof
<br /> 1 specifying: ( 1 ) the brench ; (2 ) the nction required to cin•c such brcucl� ; 13 ) a datc, not less thnn thirtp ctays
<br /> from the date thc notice is mailed to 13orro«�cr, b�• ��-I � ich �ucl� brcach �uust be curcd ; and 141 that failurc to cure
<br /> t such breach on or before tl�e date specified in the notice uia�y result in ucceleration of tlic suu�s secured by this
<br /> Mortgage and sale of the Property. If the breach is not cured on or beforc thc datc specified in thc notice, Lender
<br /> at Lender's option inay declare a1l of the smus secured by this �lortgagc to be i�ninediately due and payable
<br /> without further demand and may foreclose tl�is �Zortguge by judicial proceeding. Lender shall be entitied to collect
<br /> f in such proceeding al! expenses of Coreclosurc, including, but not limited to. eosts of documentary evidence,
<br /> � abstracts and title reports.
<br /> ; 18. Boaoavors Right to Raiastate. \'otµ•ithstandin�* I.ender's acceleration of the swvs secured Uy this
<br /> ;; Mortgage, Borrower shall have the right to ha�•e any proceedin�. begun Uy r.endcr to enforce thi� �iortgsge dis-
<br /> ; continued at any time prior to entry of a judgment enfoTcing tliis JIortgage if : (al Borrow•er paya I.ender all
<br /> suma which would be then due under this \Iortgngc, thc \Tote nnd notee seciiring F uturr Ad�•ances, if any, had no
<br /> acceleration occurred ; (b) Borrower cures ult breuches of uny otl�er co��enctnts or ugmements of Borrower con-
<br /> ' tained in this Mortgage ; (c) Borrower pays ali reaconsbi� ex��ense� in�urred t�v Lcnder in cnforcing the co��enunts
<br /> ; � and agreements of Borrower contained in this \-iortgage and in enfmring i,cnder's remedies as provided in para-
<br /> ; graph 18 hereof, incIuding, but not limited to, reasonable attornep's fee= ; :ind id ) Borrower takes auch action ss
<br /> • j Lender may reseonably require to assure that the lien of this \Iort�age. T.ender'e interest in the Property and '
<br /> ; i Borrower's obligation to pay the sums secured by this �lortgage �hall continue unimpaired . Upon such payment ="" ' � i
<br /> ;.� and cureby Borrower; this Mortgage and the obligations secured hereb}• shnll remain in full forcc and effect as if `" "' �, :i
<br /> 4Y no acceleration had occuaed. , -, e
<br /> -� 20. Assi9am�nt o! R�ats; Appoiatmeat , of Receiver, I.ender ia Poeseseion. As addit.ional security here- � e% '
<br /> :,� under, Bortower heeeby assigne to Lender tl�e rents of the Property. provided that Borro�ver sliall, prior to acceler- �
<br /> � -. a t ion u n der paragrap h 1 8 hereo f or a ban donment o f t he Property, hxvc the right to collect and retain such rents ,,;
<br /> :{ as they become due and payable. k ' � � '
<br /> � � Bpon acceleration under paragraph IS hereof or a5andonment of thc Yroperty, Lender, in person. Uv agent "'ftn
<br /> � f > or by jndicially appointed receiver shall be entitled to enter upon , take �osse�sion oC and mann�e the Property • "'" �"°``•"'V " '
<br /> �- i and to collect-the rents of, the Property, including• thosc . past due. All mnts coilected; by Lender or the recciver
<br /> � i ahall be spplied first to payment of the coate of management of tUe Property and collection of rents, inciuding, hut.
<br /> ` not limited to, receiver's fees, premiums orr receiver's bonds and reasonuble xttorney's fee�. nnd then to thc sum�
<br /> ` secured bq this Mortgage. Lender and the mceiver aha21 bc linble to nccount onl}- for thocc rcnty actually recciti�cd. I
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