. _ _ _ : r- _ �
<br /> �--.., ,...�
<br /> i' • ' ' .
<br /> ' not e�ttend or postpone the due date of tLc monthiy installments referred to in parngraphs 1 and 2 hereof ar
<br /> ' change the amount of auch installments.
<br /> � 10. Borrower Not Released. Extension of tl�e time for pa,yment or inodification ot ainortization of the eums
<br /> secured by this VIortgage granted by I.ender to any �uccessor in interest of Borrower shall not .operate to releaee,
<br /> ; � in nny mnnner, the liability of the original Borrotver nnd Borro�eer's successors in interest. Lender shall not be
<br /> � � required to commence i�roceedings against sucli succe�sor or refuse to extend time for payment or otherwise modify
<br /> � (� amortization of the sums secured by tliis \tortgage by rettsou of any demand made by the original Borrower and ° _
<br /> � Borrower's auccessors in interest. '
<br /> ;� � 11. Forbecr�ace by Lender Not a Waiver. Any forbearancc Uy Lender in exercising any right or remedy ;
<br /> � Q hereunder, or othenvise afforded by npplicuble ]a�r•, sl�all not be n wai-rer of or preclude the exercise of any right t",
<br /> � or reraedy hereunder. The procurement of insurance or the payment of tares or other liens or eharges by Lender �
<br /> j � ahall not be a waiver of Lender's right to uccelerate tlie maturity of the i�idebtedness secured by this Mortgage. `
<br /> • j p� 12. Remedies Cumulative. .11( remedies provided in t-his \Lortgage are distinet and cumutative to ssny other i.
<br /> � right or remedy under this lIortgage m• afforded hy la��� or equiTy, and may be exercised concurrently, independ- ;
<br /> # ently or successively, ` �
<br /> i 13. Successors mid Assigas Bound; loint �d Several Liability; Captions. The covennnts and agreements F . '�
<br /> �� herein contained shall bind , and the rights hereunder shall inure to, tlic respectivc successors and asaigns of I,ender
<br /> and Borrower, subject to the provisions of paragruph 1 i hcreof. All covensnts und :��reements aC Borrower ahall '
<br /> be joint and several. The captions �nd hesdings of the paragra��he of this \ Iortgn�e are tor convenience only and `
<br /> are not to be vsed to interpret or define the provisiona h�reot
<br /> , 7 14. NoGee. any notice to Borro«•er pro�•ided fo� m tlu.� \ lortga�c .�hal ! he gi��en by m�iling such notice by
<br /> � certified mail addressed to Borro���er at thc Yroperty .lddree: �t:ited bclon•, cxcept ior uny noEice required under
<br /> + parngraph l8 hereof to be given to Borro�cer in the u�unner � irescribcd b�• applicable luw. .1n�• notice ��rovided �'
<br /> i for in this �Iort a e shall be deemed to l�a�•c becn •�ven to Borro�ser ��•hen g a`
<br /> i g g b git'en in tl �e rounner desi nuted herein.
<br /> � 15. Uaiform Mortgage; Goveming Law; Severability. Thic fonii of moMgage combines uniform covennnts
<br /> � for national use and non-uniform covenants witL limited �•ariations b�• jurisdiction to constitute a uniform secu-
<br /> � rity instrument covering real property. This �tortgage shaU bc governed by the ls�v of the jurisdiction in which
<br /> j the Property is locsted. In the event that any provisiai or clAusc of this \Iort�age or the Note conRicts with
<br /> : � upplicable ]aw, such canftict shall not uffert. other provisions oi this Jlortgage or the Note which can be given i
<br /> � effect without the conflicting provision, and to this end the provisions of the �iortgage and the Note are declared C
<br /> � to be severable. ; ,
<br /> 16. Bocrower's Copy. Borrawer shall bc furnished :t conformed copy of this \Iortgage at the time of execu- `
<br /> tion or after recordation hereof. r .
<br /> � 17. Tr�sfer oE the Propezty; Assumption. If all or any ��art of the Property or an interest therein is eold f ,�
<br /> � or transferred by Borrower �vithout Lender� prior written consent , excluding ( u) the creation of a lien or encum- �„
<br /> � brance subordinate to this Mortgage, I b) the creation of a purchuse tnoney security interest for l�ousehold $ppli- � �
<br /> 1 ances, (c) a transfer by devise, descent or by operation of la��� upon the death of a joint tenant or (d) the. grant of �,
<br /> J any leaseho]d interest of three years or less not containing an optiou io purchase, Lender may, at Lender's option, ?. ;
<br /> � declare all the sums secured by this Mortgage to bc immediatel�� due and paysble. I,ender shAll hnve waived such � , .:
<br /> ? option to accelerate if, prior to tl�e sxle or trunsfer, Lender :i�id the person to whom the Property is to be sold or ;
<br /> ; transfened reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest - `
<br /> � `� payable on the sums secured by this �iortgagc shall be at such ratc us I,ender shssll request. If Lender has waived
<br /> - � the opt4on to accelerate provided in this paragrapL 17 and if Borro�eer's �uccessoc in interest has executed a writ- j �
<br /> ten assumption agreement accepted in a•riting by I.ender, Lender shall release Borrower trom all obligations under
<br /> : . � this Mortgage and tl�e Note. �
<br /> ! If Lender exercises such option to accelernte, Lender shnll :nnil Borrower notice oi ucceleration in accordance �
<br /> . . � �vith parsgraph 14 hereof. Sucli notice shssll proaide a period of not less tl�an 30 duys from the date the notice is "
<br /> ' � mailed within which Borrower may pny tl�c sum, declxred duc. Ii Borro«•er fai15 to pay such sums prior to the
<br /> ; expiration ot such period, Lender may. «•ithout further notice or de�uancl on I3'orrower, invoke uny remedies per-
<br /> � mitted by paragraph 18 hereof.
<br /> ��� F
<br /> � NON-ITN7FORM �iOVENAITS. BOI'I'O\V@P A77(I LC'[1C�C1' t�Ul't�1C1' COVC113I1t and agree ns followsc i
<br /> z
<br /> � 18. Aeceleration; Remedies. ExceJ�t u� pi•ocirted in � riragr:i�ili l7 hereof, upon I3orro�ver's breach of any
<br /> ' � covenant oragreement of Borro�a•cr in tl�is \Iort�agc. incliiding tlie covcnants to pa,y «•hen due any sums secured
<br /> � by this Jiortgage, Lender ��rior to necelerution aliall niail nuticc to I3orro��-cr us pro�•ided i�i �ixrsgraph 14 hereof
<br /> .3 specifying: ( 1 ) the breach : (2 ) the action requimd to cure such breach ; 13) .i dute, not Icss thun thirty dnys
<br /> � from the date the notiee is �usiled to 13orro�cer, b}• ���hich �uch hreach must be cumd ; and ( 4 ) th:at failurc to cure
<br /> �` such bresch on or betore Lhe date specified in thc noticc muy result in accelcr;ition of the suuis secured by this
<br /> 1�Iortgnse and sale oi the Property. If tlie breach is not cured on or before the date specified in tlie notice, Lender
<br /> r ? ' at Lender's option may declarc nll of the eums secured by this \Iortgagc to be irnmediately due and payable j
<br /> ; without further demand and may foreclosc this �Iortgage by judicial proceeding. Lender shall be entitled to collect i
<br /> � in such proceeding all expenses of foreclosurc, inclwling, but uot limitcd to, costs of documentary evidence,
<br /> abstraets and title reports.
<br /> : � 19. Borrower's Riql�t to Reinstate. 1\'otn•ithstanding I,ender'. uceelerution of the �um� secured Uy this
<br /> : i VIortgage, Borrower shall have the right to have any proceedinK: i�egun by i.endcr to enforce this �fortgage dis-
<br /> � continued at any time prior to entry of a judgment enfdFcing this �Iortgage if : ( ss ) Borro�ver pays Lender all
<br /> i sums which would be then due under this �Iort�agc, the i�'ote :md notes securing Future Ad�•ance�, if any, had no -
<br /> � acceleration occurred ; (b) Borrower cures all breaches of ane other co��enants or u�rrements of Borrower con-
<br /> � teined in t6is Mortgage ; (c) Sorrower pays nll reu=onablc ea�ience� incurred h}• Lender in unforcing the covenants
<br /> � and agreements of Borrower contsined in this �3ortgnge .ind in enforcin� I.endcr; ren�edies us provided in paru- -
<br /> ^ � graph 18 hereof; including, but not limited to, reasonable attorne}•'� tee� : nnd � dl Borrower takes such action as
<br /> Lender may ressonsbly require to assure that the ]ien of thiF \lort�age. Lender'. interest in the Propertv and
<br /> �� ' Borrower's obligation Eo pay the sums secured by thi� �fortgnqe �hnll continuc unimpaired . Upon yuch payment
<br /> `;.� and cttre by Borrower, this Mortgage and the obli�ations aecured hereby shall re�nain in full force and effect as if -* c�`� `�
<br /> �;� no acceleration had occurred. c
<br /> , ' 20. 14eaignmea! of ,Asats; Aprwintment ot Receiver, I.ender ia Possession. As additional security here- � > r7 �
<br /> '�. under, Borrower hereby sssigns to Lender the rents of the Propertti. pro�•ided that Borron�er shsll , prior to acceler- �,�' '
<br /> �- ation under paragi�sph l8 hereof or sbandonment of Lhe Property, have thc right to collect and retain sueh rents '
<br /> r aB they become due and payable. � � ^}
<br /> ,; Upon' scceleration under paragrap4 18 ' horeo€ or abandonment of the Yropertv, Lender, in per,on, by agent ,rr �` ,
<br /> ar -by judicially appointed receiver ahall be entitled to enter u on, take ' g p
<br /> p posse�s�on of and mana e thc Pro erty ` ,�.�` *;�
<br /> " '# und to coUeet the rents of, the Property, including tl�ose pasL due. A11 r�nts collecteci by Lender or the receiver
<br /> `� ahall be spplied'firat to payment of the costs of management of tl�e Property and collection of rents, including, but
<br /> , � not limited to, receiver's fees, premiuma on rqceiver's bond� and reasonahle a�ttorney's fee�, and then to the �inns
<br /> ,,, secured by this Mort.igage. Lender and the receiver �hall hc linble to e�oount only for thoQ� mnta nctu�lh• recei��ed .
<br /> ; . . . . . . . . . � .
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