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<br /> not extend or postpone the due date of the rnontltly instnlhnents referred to in parngraphs 1 and 2 hereof or
<br /> change the amount of such instaliments.
<br /> 10. Borrower No! Released. Lxtension of the timc for pavment or modification af a�nortization of the sums
<br /> � secured by this Mortgnge granted by I,ender to uny �uccessor in interest of Borrower shall not operate to relesse,
<br /> ; in aay manner, the ]iabilitg of tLe original Borrowei• and Borrower's successors in interest. I,ender shall not be
<br /> required to commence proceedings against sucli auccessor or refuse to extend time for payment or otherwise modify °
<br /> • � amortitiation of the sums secured by tiliis _llortgage by reason of an}• demnnd �nade by the original Borrower and '
<br /> Borrower's succeasors in interest.
<br /> � I1: Forbeataaee by Leader Not a Waiver. Any forbeurance by Lender in exercising nny right or remedy '`
<br /> hereander, or otherwise afforded by applicable law, shall not be u wai:�er of or preclude the exercise of any right
<br /> or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender `r
<br /> � 8 shall not be a waiver of Lender's right to uccelerate the mnturity of the indebtedness $ecuretl by this Mortgage.
<br /> ;. � 12. Remedies Cumulative. All remedies provided in this \lortgage are distinct and cumulative to any other
<br /> right or remedy under this \Iortgage or ufforded by ln��• or equicy. aind mag be exercised concurrently, independ-
<br /> ' ? ently orsuccessively. ,
<br /> 1 13. Successors �d Aasigas Bouad; Joiat �d Several Liability; Captions. The co�•ennnts and sgreements
<br /> ' ; herein contained shall bind , nnd the rights fierew�der shall inure to, thc respective suecessors and assigns of Lender
<br /> �{ and Borrower, subject to thc provisions of pars�raph I i l�ereol. �11 covenants and agreements of Borroa•er shall
<br /> ' rJ be joint and severat. The csptions and he:idings of tf�c �issragrapl�s of this \ [ortgn�c are for convenience only and
<br /> _ f are not to be used to interpret or de&ne tlic ��rovi�ion� hereof.
<br /> ; 14. Notiee. Any notice to Borrower �irot�ided for in tl�i� \lortgage .hnll be gi�-en bp �n;;iling suc6 notice by
<br /> j certified mail addressed to Borro«�er at thc Yropertt• :lddresa stttted belo��•, cacept for any notice reyuired under
<br /> , s paragraph 18 liereof to Ue given to BorroH'er in tl�e in:tnner pre�cribed bt� :tp��liettble In�c. any notice provided
<br /> for in this \-Iort.gsge shall be deemed to l�a�•c been given to Borro�cer �rlien given in the manner desi�nuted herein.
<br /> � 15. Unifom� Mortgage; Govemiag Law; Severability. This form of mortguge combines uniform covenants ;
<br /> tor national use and non-uniform covenants witl� limiteci �•ariations by jurisdiction to constitute a uniform seeu-
<br /> rity instrument covering real property. This Jiortgagc shall bc governed by the Iaw of the jurisdiction in which '
<br /> ' � the Property is located. In the evenE thut any pro�•ision or clausc of this \fortgage or the Note conflicts with �'
<br /> upplicsble 1aw, such conflict shall not affect other provisions of tliis \Iortgagc or the Note which can be given r
<br /> .� effect without the confticting pro��ision , and to this end thc procisions of the \Iortgage and the Note are declared �
<br /> to be severable.
<br /> : k 16. Boirowei s Copy. Borro�ver shall be furnished a conformed copy of tUis \Iortgage at the time of execu- 2 , -
<br /> tion or after recordstion hereof. i� -+
<br /> ? 17. Traasfer of the Pzo ert Assum tion_ If a❑ or any �art of the Pro ert or an interest therein is sold �
<br /> ; { P Y: P [ P Y �' �,
<br /> � or trnnsferred by Bonower without Lender's prior �vritten consent , excluding (a ) the creation of a lien or encurn- i � `
<br /> brance subordinate to tl�is �Iortgage, � b ) the creation of :x purchase money security interest for household 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
<br /> any ]essehold interest of three years or less not containing un option to purchuse, Lender may, at Lender's option, . �
<br /> declare all the sums secured by this J4ongage co be im�nediately- due and puyable. Lender shall have waived such
<br /> option to accelerate if, prior to tt�e sale or transfer, Lender aud t6e person to whom the Property is to be sold or '
<br /> transferred reach agmement in �vriting tliat the credit of sucl � person is satisfactory to Lender und that the interest �' s ';'
<br /> payable on the sums secured by this D-Iortgage sliall Le at sucl� rate as I.ender shall request. If Lender has waived s
<br /> the option to accelerate provi3ed in this paragra.ph 17 and if Borrower's successor in interest has executed a writ- �
<br /> ten sesumption agreement accepted in writing by Lender; Lender shall release Borro«�er from all obligations under '( .�'
<br /> this Mortgage and the Note.
<br /> If Lender exercises such option to accelernte, Lender shali �nuil Borrower notice of acceleration in accordance � ' '
<br /> j with paragraph 14 hercof. Sucl� notice s1ia11 pro�•idc a period of not less than 30 days from tl�c date the notice is
<br /> � mailed within which Borrower may pay the sums declured duc. If Borrower tails to pap such swns prior to the � �N
<br /> expiration of such period , Lender may, ���ithout furtliec notice or demand on 8'orro�ver, invoke any remedies peo-
<br /> mitted by paragraph 18 hereof. ;
<br /> NON-UYIFORM COVENANTS. BOl'I'O���er and Lender further covenant and agree as follo�cs : ��
<br /> � 18. Aceeleratioa; Remedies. Except us pro�•ided in Eiarngr:qih 17 hereof, upon Borrow•er's brcach of any
<br /> covenant or agreement of Borro.�•cr in tl�is �Iort�x�c, inclucling tlic covenants to �iuy �rhen due any sums secured
<br /> � by this �iortgage, Lendcr prior to iicccleration �hull m:iil noticc tu Borro��•cr u� providcd in pura�raph 14 hereot
<br /> ,F. specifying : ( 1 ) [he breach ; (2 ) tl�e action required to ctn•c sucl� brench ; 13 ) zi date, not less thun thirty days �
<br /> from the date the notice is mailed to 13orrow•cr, by ���Licl � �uc6 brencl � must bc cured ; and ( 41 that failure to care '
<br /> such breach on or before ihe date spccified in tiie notice �uuy result in acceleration o( tLc �uui� secured by this ;
<br /> Vlortgage snd sale of the Property. If the brcach is not cured on or before the dnte specified in the notice, Lender
<br /> at Lender's option u�ay declare all of Wic suivs secured by thi; \Iortgsgc to bc iinmediatel,y due nnd payable
<br /> without further demand and may foreclose tl�is `iortga�e by� judieial proceeding. Lender shall be entiUed to collect
<br /> in such proceeding all expenses of foreclosurc, including, but not li�nited to, costs of documentsry evidence,
<br /> nbstraets and title reports. .
<br /> 19. Borrowers Right to Rainstate. 1\`ot�cithstnnding I.ender's a�ccelerxtion of the sums secured by this ,
<br /> Mortgage, Borrower shall have the right to have any proceedings begun by I,endcr to enforce this �fartgage dis-
<br /> continued at any time prior to entry of a judgment enfoxcing thi� �tortgngc if : (u ) Borrower pays Lender all ;Y.
<br /> aums which would be then due under this \Iortgsge, tl�c �Tote an<t notes securing Futum Adcances, if any, had no
<br /> accelerstion occurred ; ( b) Borrower curev all breaehe� of anp other co�-cnznts or agrcements of Borrower con- � ' .
<br /> tained in this Mortgage ; (c) Borrower pays ssll reaconsblc ex�mnses incurred hp i.ender in enforcin� the covennntn
<br /> and agreements of Borrower contained in this \IoK�;age and in enforcin�; I,endcr's mrnedie� as provided in para-
<br /> graph 18 hereof, including, but not limited to, reasonable itttorney'e fee, : an�i 1 d 1 Borrower takes such xction as
<br /> Lender may reasonably require to nssure that thc lien of this \tortgage. Lender's interest in the Property and
<br /> Borrower's obligation to pay the sums secured by this �foMgitGe shail contim�c unimpaired . U��on such psyment ..�� -
<br /> and cure by Borrower, this Mortgage and the obligations secured LereUy �hall re�nain in fult force snd effect as St '-' C" '�'
<br /> no accelerationhad'occurced.
<br /> 20_ Assigamoat of Reata; Appoiatment of Receiver, Leader ia Possesaioa As udditional security here- � � ,�
<br /> uader, Borrower heeeby asaigns to Lender the rents of the Property, nrovided that Borrower shsll , prior to acceler- ;. � ,,,^
<br /> ation under paragraph 18 bereof or abandonmeot of the Pronerty, havc thc right to collect and retsin such rents e:
<br /> • ss they become due aud payable. � , '
<br /> Upon acceleration under paragraph 18 hereoi or aban�lonment of the Yroperty, Lender. in person, bp agent s ' � '.f& . ' _ ,
<br /> or, by jndicislly appointed receiver ehsll: be entitled to enter upon , take possession of and msna�e thc Property s � . ^�
<br /> � and to collect the rente of the Propertg, including those past due. _lll rents collected by Lender or tLe receiver
<br /> sheli be spplied first to payment of the coste of inanagement of tl�e Property ssnd collection of rents, includinq, bui.
<br /> not limited to, receiver's fees, premiums on receiver's bondc and reasonnble xttorney's fees, and then to the cmns
<br /> secured by this Mortgage. Lender and the receiver sliail be lial�lc to account onlp for those rnnt.s APYUSIIV re�rive�i , �
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