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<br /> not extend or postpone the due date of thc montJily inst� lhnents referred to in paragraphs 1 nnd 2 hereof or
<br /> ; change ' the amount of sucfi installments.
<br /> k 30: Bonower Not Released. �xtension of the time for payment or modification of amortization of the sums
<br /> c ,' secured by this Vlortgage granted by I.ender to any successor in interest of Borrower shall not opernte to release, ;`
<br /> °� in anymanner„the liability of the original Borro�ver und Borro�ver'� successors in interest. Lender shall not be "
<br /> � required to commence proceedings ngainst sucii successor or refuse to extend time for payment or otherniae modify i
<br /> amortizstion of:t6e sums secured by tl�is 1lortgage by reason of nny demond made by the original Borrower and
<br /> Bonower's successors in interest_ �` �
<br /> � 11. Forbearaace by Lender Not a Waiver. Any forbeurancc by Lender in exercising any right or remedy i
<br /> G\3 hereunder, ar otherwise afforded by applicable la�v , sliall not be a �vai-rer of or preclude the exercise of any right
<br /> C or remedy hereunder. The procurement of insurance or tl�e �iayinent of taxes or other liens or chsrges by Lender
<br /> ° ' Ci' . s6s11 not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by thie 1blortgage. ` �
<br /> ' �� C% 12. Eemedies Cumulative. All remedies provided in this \Tortgage are distinct at�d cumulative to any other z �
<br /> C� right: or remedy under this �3ortga�e or affonled hy ts�c or equity. and may be exercised concurrently, independ-
<br /> _, � .:• ently or successively.
<br /> 13. Suceessora �d Assigns Bound; Toint and Several Liability: Captions. The coven�nts and agreements '
<br /> ', # � herein contained shall bind, and the ri�hfs hereunder shnit inure to, thc respectivc successors and assigns of Lender ' '
<br /> , ,2 Op und Borrower, subject to the procisions of puragrsph 17 I�ereof. �111 covenantc and agreements of Bonower shall i
<br /> � be joint and severaL The captions and hefldings of tl�e paragra��hs ot this \ Iortgnge are for com•enience only and ��•
<br /> ; nre not to be used to interpret or define the provision� iiereof. �. .
<br /> 14. Notice. Any notice to Borrower procided for in tl�i� \lortgage shall Le gi�•en by mailing sueh notiee by �
<br /> � certified mail addressed to Borro�eer xt tl�e Propertp �ddrec� �tated belo«• , except for .uiy notice required under ;
<br /> ± paragraph 18 hereof to be given to Borrocscr in the � nanner prescribed by applicablc law. Any notice provided �_` � •
<br /> t for in this �Iortgage shull be deemed to hn�•c bcen gi�•en to Borro�cer «•hen gi�•en in thc manner designated herein. -
<br /> 3 15. Uniform Mortgage: Goveming Law: Severability. "I'liis forn� of �uortgage comUines uniform covenants 4'
<br /> s fornational use and non-uniform covenants �vith limitcd �•ariations b}• jurisdiction to constitute u uniform secu- �
<br /> rit instru�nent coverin real ro ert This \fort a e shall be overned b the law of the urisdiction in which ` ' ;
<br /> . ; Y g n P Y• g � b Y ] ,�
<br /> ! t6e Property is located. In the event thai any ��ro�•ision or clause of this \4ortgage or the Note conflicts with � }%
<br /> 1 applicable law, such conflict shull not affect other provisions of this \lortgage or the Note which cnn Ue given r
<br /> : j effect without the conflicting provision, and to tl�i� end the provisions of the \iortgage and the Note nre declared ; �
<br /> to be severable. � `
<br /> j 16. Bo=rower's Copy. Borron•er shall be furnished n conforn�ed copy of this �Lortgage at the time of execu- � ;
<br /> � tion or after recordation hereof. � � i
<br /> ; 17. Traasfez of the PropertY: Assumptioa. If nll or any tiart of the Property or an interest therein is sold q�
<br /> # or transferred by Borrower without Lender'n prior written consent, excluding (a) the creation of a lien or encum- �. � l� '
<br /> brance snbordinate to this blortgage, ( b ) tl�e creation of a purchaae money security interest for houaehold appli- � ' ;
<br /> 3 ances, (e) n transfer by devise, descent or by operation of lz��- u�>on the death of a joint tenant or (d) the. grant of ! r.�';
<br /> ; any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, �
<br /> : declare sll the sums secured by this vlor[gsge co be immediutely duc 3nd payable. Lender shall have ws►ived such y x
<br /> , � option to accelerate if, prior to the sale or transfer, Lender atid thc person io �vhom the Property is to be sold or � , r
<br /> � tranaferred reach agreement in �vriting that the credit of such person is satisfsctory to Lender and that the interest i
<br /> payable on the sums secured by this Mortgage shall be at sucli ratc as I.ender shall request. If Lender has waived � �
<br /> ; -� the option to accelerate provi3ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- q `t '
<br /> ''3 ten assumption agreement accepted in writin� by Lender, Lender shall release Borrower from all obligations under r , � s
<br /> , � this Mortgage and the Note. `�
<br /> If Lender exercises sucli option to accelerate , Lender shall !nail Borrower notice of acceleration in sccordance � �`,�.
<br /> :� �vith paragraph 14 hereof. Such notice st�all pro�•ide a period of not les� than 30 days from the date the notice is { � _
<br /> ' � mailed within which Borro«er inay pay tl�e sum� declared duc. If Borro�cer fails to pay sucli sums prior to the � ''
<br /> � expiration of such period, Lender may. ��•ithout furtl�er notice or de�vand on B'orro«•er, invoke uny remedies per- 4 '�
<br /> mitted by paragraph 18 hereof. �
<br /> � NON-UYIFOAM COVENA�TS. BOI'1'OR'Cl' RIICI I�ender furtLer co��enant and agree as follows : �
<br /> ; I8. Aeeeleratioa; Remedies. �xcept us pro�•ided in � �ura�ra��h 17 hereof, npon Borrower's breach of any ;
<br /> � covennnt or agreement of Borro«•er in tl�is �Iort�agc . including tLe co��enants to pay �vhen due �ny �ums secured j -
<br /> � by this �iortgage, Lencier prior to aceelerstion .Lall �u:iil notice t� Borro�cer ii� ��ro�•i�ied in paragrapli 14 liereof ;
<br /> � specifying: ( 1 ) the breach ; f21 the netion required to curc �uch breacl� ; 131 a date, not les� tlian thirty duys ;
<br /> + from the date the notice is �nailed to 13orro�ccr, b�• �cliich �uch brcuch iuust Uc cin•ed ; and l41 that failurc to cure �
<br /> s such breach on or before the date specified in tl�e noticc muy result in acceleration of tlie sums secured by this
<br /> :. SMortgage and sale of the Property. If the breach is not cured on or before the date specificd in the notice, Lender
<br /> + at I.ender's option may declare all of the sums securcd by this �Iortgssgc to he iminedintely due and psyuble
<br /> ? without further demund and may foreclose tLis 1lortgngc Uy judicial lvoceeding. Lender shall bc entitled to collect
<br /> , :� in such proceeding all expenses of foreclosure , including, but not limited to, costs of documentary evidence,
<br /> �� abstracts and title reports.
<br /> 19. Borrowoi s Right to Reinstate. \`otwithstunding I.ender's acceleration of thc sums secured by this
<br /> � Mortgage, Borrower shall have thc right to ha�•e any- proceedin�.:s begun by T,ender to enforcc this J4ortgage dis-
<br /> 'i continued at any time prior to entry of a judgment enfaicing N�is \Iortgaqe if : ( u ) Borro«•er pays Lender all
<br /> . i su[ns which would be then due under this \fortgage, tlic Note nnd notes securing Futurc Adrance:, if any, had no
<br /> ;:'� acceleration occurred ; (b) Borrower cur� all hrenchee of any other co�•ennnts or agmement�s of Borrower con-
<br /> � teined in this Mortgage ; {c) Bonower pays all reasonablc es��ensc� incurred by I.ender in cnforcing the covenants
<br /> snd agreementa ofBorrower contsined in this �Iort�a�e and in enforcin� Lendcr', remedies as provided in para-
<br /> ! graph 18 hereof, including, but not limited to, reasonsble attorney'� tee� : nnd � d ) Borrower tnkes such action as
<br /> Lender msy reasonably require to assnre that the lien of this \iortgage, I.ender� irtterest in the Property and
<br /> % ' Bonower's obligation to pay the sums secured by thi= \7ortgnge shnll continuc unimpaired. LTpmi such payment ,
<br /> � " aad cure by Borrower, this Mortgage and the obligations secured I�ereby shall remain in fult force snd eftect as if ��, *= "
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<br /> '` no scceleration had occurred. .
<br /> ; ` 20. llasigamsat of Seata: Appointment oi Receivern I.ender in Posseasioa. As iidditional security hern- � , ;. � •
<br /> a� � under; Borrower herebq'aseigns to Lender �he rents of the Propert.y. pro�•ideci that Borro�ver shall, prior to acceler ;: ',
<br /> `L"`' , � , ation undei pai'sgraph 18 hernof or abandonment. of tlic Property, hnvc the right to collect and retain such rents �?'� : , _
<br /> k . ` as they-beoVme due and paysbie. ` ,
<br /> ' r -� Upon acceleration under paragraplr 18 hereof or al�andonment of the YroperEy. Lender, in person, by agent � �+� � yy.` }
<br /> .� �_ '. or by judicially ,appointed receiver shall be -entitled to enter upon, take possession of und �nanage the Property �, � ��*w
<br /> and to collect the' renta of the Property, including those past due. .1❑ renLx collecteci by Lender or ti�e receiver
<br /> d shall be applied first to psyment of the coste oi �uanagement ot the Property an�l colleetion of rents, induding, but
<br /> `' - -'a , not limited to, receiver's tees, premiums on mceiver's bonds and reasonable at[orney's fees. and then to the �ums
<br /> i secured by this Mortgage. Lender and the receiver shalt he liable to account only for thoQe rents actually recciced .
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