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<br /> not extend or 'postpone the due date of the manthly inst�ll�Yients referred to in paragraphs 1 and 2 hereof or
<br /> ' change the amount of such installments.
<br /> ' I0. Borrower Not Released. �xtenaion of tlie time fm� payment or modification of amortization of the sums
<br /> � secured by this �2ortgage granted Uy I.ender to uny sl�ccessor in interest ot Borrower shall not operate to release, `
<br /> '? in ssny manner, the liability of the original Borrotivei• und Borro�ver's successors in interest. I.ender shall not be �
<br /> � required to commence proceedings against such successor or refuse to eactend time for payment or otherwise modify ` � � `
<br /> amortization of the sums secured by tl�is �Iortgnge I�y reasou of anp demand macie by the originnl Borrower and
<br /> Bonower's auccessora in interest. � ` ;.
<br /> 11. Forbeana►ee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy , «�
<br /> hereunder, or otherwise afforded by applicable la�v, shall not be n �vaiver of or preclude the exercise of any right ,"
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<br /> Y� � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender
<br /> ; � s6a11 'not be s wniver of Lender's right to nccelerate the �naturity of tiie indebtedness secured by this Mortgage. ` ;
<br /> f G 12. Remedies Cumulative. All remedies provided in this \Sortgage are distinct und cumulative to any other ; s
<br /> ! .�.� right or remedy under this �Iortgage m• afforded hy In«• or equity, and mny� be exercised concurrently, independ- � -
<br /> , i � entiy or successively. „
<br /> 13. Suecessosa �d Assigns Bouad; Joiat �d Several Liability; Captions. The covenants and agreements
<br /> ' ; r herein contained shall bind, and the rights hereunder shsslt inure to, thc respectivc successors and assigns of Lender
<br /> , � � and Borrower, subject to tlie provisions of paragrnph 17 hercoi. :� ❑ covenantc und agrecments of Borrower shall
<br /> ',.,� 1'� be joint and severai. The captions and lieadings ot tlie p�ragrsphs of this \ [ortgage are Cor convenience onty and �
<br /> are not to be used to interpret or define tlie provisions hereof. � ,�
<br /> � 14. Notice. Any notice to Borrower pro�•ided far in this \lo�tgage shall be gicen by mailing such notice by r; =
<br /> � certified mail addressed to Borro�ver at tl�e Yroperty �ddress stxtect bclo�c , except for uny notice required under � ' ' `
<br /> ,£ paragraph 18 hereof to be gi��en to Borro�ser in tlie manner � �rescribed b�� :ipplicuUlc law. Any notice provided
<br /> � for in this �Tortgage shall be deemed to ha�•c been gi��en to Borro��•er «-hen gi�•en in thc munner designated herein. ;
<br /> � 15. Uniform Mortgage; Goveming Law; Severability. This iorm of �uortgage combines uniform covenants �
<br /> for national use and non-uniform covenants �vitl� limited �•aria.tions I�y jurisdiction to constitute u uniform secu- t
<br /> � rity instrument covering real property. This \fortgage shall be �overned by the Ia« of the jurisdiction in which . >
<br /> r the Property is located. In the event that any provision or clnuse of this \Zortgnge or the Note conflicts with '; ,,;
<br /> ! spplicsble Iaw, such conRict shnll not affect otlier provisions of this \Iortgage or the Note which can be given
<br /> } effect without tl�e conflicting provision, and to this end the �n•ovisions o( the �iortgage and the Note are declared
<br /> ' to be severabie. '
<br /> '� 36. Borrower's Copy. Borro�ver sholl be furnished n conformed copy of this �Iortgage at the time of execu- k'
<br /> i tion or after recordation hereof. F
<br /> � 17. Traasfer of the Property; Assumptioa. If nil or any part of the Property or an interest therein is eold " ' ' + ;
<br /> j or tranaferred by Borrower without Lenders prior �vritten consent, excluding (a ) the creation of a lien or encum- �� �
<br /> 'I brance subordinate to this vlortgage, ( b ) the crention m' u purchusc money security interest for houaehold appli- ;�, �
<br /> { ances, (c) a transfer by devise, descent or by operation of la��• upon the death of a joint tenant or (d) the, grant of =r
<br /> ; any lessehold interest of three years or less not containing sn option to purchase, Lender may, at Lender's option, �
<br /> deelsre all the sums secured by this Mortgage to be im�nediately due anci payable. Lender shsll have waived such �; � * ,
<br /> ' � option to uccelerate if, priar to the sale or transfer, Lender sud tl�e person to whom t.he Property is to be sold or � r a .
<br /> trans[erred reach agreement in writin� that the credit of such person is satisfactory to Lender and that the interest � � �
<br /> paysble on the sums secured by this vIortga�e shall Le at sucli rnte us Lender shall request. If Lender has waived ' ''
<br /> . � the option to accelerate provi3ed in this paragrapli 17 and if Borrower's successor in interest has executed a writ- ' '
<br /> i ten assumption agreement accepted in writing by I.ender, Lender shnil release Borrower from ull obligations under � �
<br /> � this Mortgsge and the Note. � � ';
<br /> � If I,ender exercises sucli option to accelernte, Lender shnll �nnil Borrower notice of acceleration in accordence t �*
<br /> �vith paragraph 14 hereof. Such notice shall provide a period oi not less than 30 days from ihe date the notice is j
<br /> ,� mailed within which Borrower may �ay the sums declared due. Ii Borro�vcr fails to pAy sucl� sums prior to the � ;
<br /> expiration of such period, Lender may, �vithout further notice or demand on Bbrrower, invoke any remedies per- ; ,
<br /> mitted by paragraph 18 hereof.
<br /> c'
<br /> � � � � NON-UNIFOR�M COVENANTS. BOCI'OWE'P A71C1 L031C�C'P tlll'tI1Cl' COVCIlStlt and agree as follows : ;� � � . . �
<br /> 18. Acceleratioa; Remedies. Except a� pro�•ided in pnragrn��h 17 hcreof, upon IIorrower's hreach of any �
<br /> r{ eovenant or agreement of Borro�cer in tl�is \Iort �age, including the co�enants to �ia,y �cl�en due a.n,y sums secured '
<br /> 9 by this Alortgage, Lendcr ��rior to acccleration shull iuuil noticc to Borro��•cr as ��roridcd in pursgrupl� 14 I�ereof
<br /> � specifying: ( 1 ) the breach ; (2) the nction required to cure such breacl� ; i3 ) a date, not less thnn thirty days
<br /> from the date the notice is inailed to I3orro�+•cr, b�• ��-hich sucli brcacl� u�ust be cured ; and 141 that failure to cure
<br /> such breach on or before tl�e date speci5ed in the noticc mxy result in ucceleration oF tl�c sums secured by this
<br /> � biortgage and sale of the Property. If tl�e breacli is not cured on or before the date specified in tlie notice, Lender
<br /> ,j at Lender's option may declare all ot [he sums secured bc tl� is Vlortgage to be immediately due und payaUle
<br /> ; � without further dernand snd mny foreclosc tl�is viortgngc by judicial proceeding. Lender shnll he entiWeci to collect
<br /> + in such proceeding all expenses of foreclosurc, including, hut not liroited to, costs of documentary evidence,
<br /> :j abstracts and title reports.
<br /> � 19. Bonowor's Right to Raiastate. Notwitlistunding I.ender's acceleration of the sumF secured by this
<br /> ,� Mortgsge, Borrower shall have t6e right to have uny proceeciing� begun by Lender to enforcc this viortgage dis-
<br /> � � continued at any time prior to entry of a jud�;ment enfW-cing this \[ortgage if : �nl Borrawer pays I.ender ull
<br /> suma which would be then due under this \Iortgage. the 1Vote nnd notes securing Future Adcances, if any, hsd no
<br /> accelerstion occurred ; ( b) Borrower cures nll breaci�es of any otlier covensnts or a�rcements of Borrawer con-
<br /> � � tained in this Mortgage; (c) Burrower pays all reasonable expense� incurreci by i.ender in enforcing the covenants
<br /> } and agreements of Borrower contsined in this JIortgn�;e and in eniorcing 7.ender'n remedies as provided in parn- i
<br /> `� graph 18 hereof, including, but not limited to, rensonable attorne}�'� feea ; nnd Id l Borrower takes such action as
<br /> Lender may resaonably require to assure that the licn o[ this \fortgage, Lender's interest in thc Property and
<br /> ` Borrower's obligation to pay the sums secured by thik �fortgage �hall continue unirupaired. Upon yuch payinent
<br /> ' and cure by Borrower, this Mortgage and the obligations secured l�ereb� shall remsin in full force and effect as if ; ^ �-'" -
<br /> no acceleration had occurred. :
<br /> ` 20. Aeaigtmnomt ot Esats: Appointmeat of Rsceiver. Leader ia Posseseioa. As additional security hem- F.�,r.` •
<br /> under, Borrower heieby aseigns to I;ender the rents of the Prapert.v. pro�-icled that Borro�ver shall , prior to acceler- � * ' ;
<br /> . ation under psragrspS 18 hereof or:abandonment of the Proper£y, havc the right to collect and retain such rents �` ` 'i
<br /> � se'tfiey become i�ue and paysble. ` xE `-� k`
<br /> Upoa'acceleration under paragraplY 18 'hereof or nbandonment of the Yroperty , Lender, in ��erson , by agent r
<br /> �� or by judicially appointed reeeiver s5s11 " be' entitled . to enter:upan, tistke possession of and inansge thc Property °`� " Q `'` '
<br /> and to collect the rents of the Pro rt inclvdin those � ��~
<br /> ?� ehsll be a hed Srstto a � y� s P$$t dne. All rents collected bti• Lender or thc reccivcr
<br /> pp ' p ymeat of the coafs of roanagement of thc Property and collection of rents, induding, hut
<br /> ,,:i not Iimited to, receiver's feea, premiums on receiver's bont3s und reasonsble uttorney's fees, and then to thc sums
<br /> � aecured by this `Mortgsge. I.ender snd the receivers�all fie linble to accouni only for those rents actually recei�•ed.
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