, ..
<br /> _ _ � _ �
<br /> � ,_,,� •
<br /> � .
<br /> not extend or postpone the due date oi the montlily instalhnents referred to iu para�raphs 1 and 2 hereof or
<br /> E change the amount of sucli instnllments.
<br /> 10. Bo;rower Not R@leased. Extension of the time for �iayment or modification oE amortizntion of the sums
<br /> `; secured:by this Mortgage granted by I,ender to any cliccessor in interest of Borrower shall not .operate to release, ; �,
<br /> ' j in any manner, the lisbility of the original `Borrowei• and Borrower's successors in interest. Lender shall not be � �, ' ` ,,,„
<br /> + required-to comnqenceproceedings againat sucl� successor or reiuse to extend time for payment or otherwise modify
<br /> smortisation of the snms securecl by tl�is Jfortgage by reusmi ot any demand made by the original Borrower aad { � ' �
<br /> � Borrower's successors in, interest. �
<br /> `�' �1j 11. Forbe�anee bp Leader Not a Wmver. Any forbearanec by Lender in exeraisin� uny right or remedy {'-, ' ' i
<br /> C� hereunder, or otherwise afforded by applicsble la«•, shsll not be a �vaiver of or preclude the exercise of any right ` � =
<br /> � t—i or remedy hereunder. The procurement of insurance or the payment of taxes or otlier liens or charges by Lender ���' '
<br /> O shall not be a wA.iver of Lender's right to acceler�te the maturity of the indebtedness secured by this Mortgage. i ;,
<br /> ='� � : 12. $emedias Cumulative_ �11 remedies provided in this \Zortsnge are distinct and cumulative to nny other °,�
<br /> , '� right or remedy under this \ Iortgage or affarded hy l:i�a• m• cryuity, and map be exercised concurrently, independ- � �:
<br /> � ently or succeasively. ; `,
<br /> � � 13. Suecessors �d Assigas Bound; loint �d Several Liability; Captions. The covenants and agreements ;� � ,' ;
<br /> ^ harein contuined shall bind, and the rights hercunder shall inure to, thc respectivc successars nnd assigns of I.ender
<br /> ;� snd Borrower, subject to the provisions of para�rnph 17 hereof. All covenants and agreements of Borrower aha11 j�
<br /> ` � be joint and several. The captions and lieadings of tl�e �inragrnphs of this \Lortgage are for convenience only and � '
<br /> are not to be used to interpret or define the rrovisions l�ereof. f ,• } ;
<br /> } 14. Notiee. Any notice tio Borrower pro�•ided for in thi� \Iortgage shall be gi�-en by �nailing sueh notice by [; , , :
<br /> � certified mail addressed to Borrower at tDc Yroperty :lddress �t:�ted bclow• , ekcePt for any noticc required under ' '
<br /> paragraph IS hereof to Ue given to Borro�rer in the inunncr prescribed b�• xpplicablc Ix�v. Any notice provided �`
<br /> � for in this Jlortgage shail be deemed to hsce been �;i�•en to Borro«•er �t•hen gicen in Lhe inanner designnted herein.
<br /> 15. IInifossa Mortgage; Govemiag Law; Sevezability. Thi� fonn of mortgage combines uniform covenants n, � '
<br /> 1, a ;y:
<br /> for national use und non-unifom: covenants �vitli limited �•ariations by jurisdiction to constitute a uniform aecu- ,;;
<br /> rity instrument covering real property. This \Iartguge shnll be governed by thc law of the jurisdiction in which �'� ; ;u,
<br /> ; the Property is located. In the eveni that any provision m• clnuse of this \-Iort.gage or the Note conflicts with �,-
<br /> applieable law, such conflict shall not affect other provisions of t.his \Iortgage or the Note which can be given �, - , ,
<br /> effect without the conAicting provision , and to this end the provisions of the \iortgage and the Note are declared
<br /> ; to be seversble. � '
<br /> i 16. Borrower s Co ' ' � `
<br /> py_ Borrower shall be furnisl�ed a contormed copy of this Dlort�age at the time of execu- ,�
<br /> � tion or after recordation l�ereof. �, rn
<br /> 17. Traasfer of the Property; Assumptioa. If all or any I�art of the Property or an interest therein is aold �
<br /> or trsnsferred by Borrower without Lender's prior �vritten consent , excluding (a) the creation of n lien or encum- '''
<br /> ,� brance subordinate to this \�ortguge, � b) the creation of a purci�ase �noney security interest for household sppli- �: a �'Y�
<br /> ances, (c) a transfer by devise, descent or by operation of lu��• upon the death of a joint tenant or (d) the grsnt of `
<br /> ; any leasehold interest of three years or less not containing an option to purchase, Lender may, ut Lender's option, � ,,, �'
<br /> j deelare all the sums secured by this Mortgage to bc iminediately due and psyable. I.ender shall hnve waived such , �;`
<br /> � option to sccelerate if, prior to the ssle or transfer, Lender atid t6e person to whom the Yroperty is to be sold or � �
<br /> j transferred reach agreement in �vriting that the credit of sucli person is sntisfactory to Lender and that the intereat i: F l � E°
<br /> � ` payable on the sums secured by this �lortgage shall Ue st such rnte as Lender shnll request. IF Lender has wsived � �� �;�
<br /> the option to acce2erate provi3ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- � � ,�
<br /> ten assumption agreement accepted in �vriting by Lender, I.ender shall releuse Borroce-er from all obligstions under � °"
<br /> � this Mortgage and thc Note. ?'
<br /> If Lender exercises sucli option to accelerate, Lender shall :nail Borrower notice of acceleration in accordance ' `-
<br /> � �vithparagrapb 14 hereof. Sucli notice shnll provide a period of not le�;s tlian 30 day-s from thc date the notice ia �' ,
<br /> mailed within which Borrower inay pay the sums declared duc. If Borro�ver fails to ��ay such sums prior to the ; ` .
<br /> expiration of such period, Lender may, �cithout furtl�er notice or deinand on B'orro�rer, invoke any remedies per- �'A
<br /> mitted by paragraph 18 hereof. �
<br /> Nox-UvtaoxM CovExwsz-s. Borro�ver and Lender furtlier co�renant and agree as follows : �
<br /> 18. Acealeratioa; Rea�edies. Escept as pro�•ide�l in (r.t1'IIgi:1�tI7 17 hereof, upon Borrower's bmach of nny
<br /> covenant or agreement of Borrower in thie tloi•t�a�;e, including thc covenants to ��ny a�i�en duc any sums secureci
<br /> by this ;1lortgage, Lender prior to ncceleration shull mait notice to Borro��•er as �n•ovided in paragrnpl� 14 hereof
<br /> specifying: ( 1 ) the breuch ; (2 ) tl�e action required to cmr such breacl� ; (3 ) a date, not less than thirty days
<br /> i from Lhe date thc notice is mailed to I3orro«-er. by ��-hicli surli brencl � must be cored ; xnd ( 4 ) that failure to cure
<br /> such breach on or before the date specified in the noticc may result in accelerstion of tLc smns ,ecnred by this
<br /> ;�Iortgage and sale ot the Property. If the Ureucl� is not cumd on or beforc thc ilate specified in the notice, Lender
<br /> ' at Lender's option may declare sll ot thc suros secured by thi� \lortgagc to he immediately due and payable
<br /> without further demand and may foreclose tliis �1ort�age by judicial proceeding. I,ender shall be entitled to collect
<br /> in such proceeding nll expenses of foreclosure, including, but not limited to, costs of docu�nentary evidence,
<br /> abstracts and title reports.
<br /> 19. Bozrow�r's Right to Rainstate. .`'otwiUi�tanding Lender's ucceleration of the sumc secured by this
<br /> Mortgage, Bozrower ahall have the right to have any proceedings begun by Lendcr to enforcc this viortgage dis-
<br /> contiaued at any time prior to entry of a judgment enfoTcing this �lortgage if : la ) Borrower pays Lender all
<br /> sums which would be then due under this \iortgage, thc �Tote nnct notes securing Futurc Advances , if any, had no
<br /> aeceleration occurred ; (b) Bortawer cures a71 breaehes of am• other covenantv or sgreentents of Borrower con-
<br /> tsinerl in this Mortgege ; (c) Bortower pays nll reasonable espenses incurred hy i,ender in enforcing the covennnGs
<br /> and sgreements of Borsower contsined in this Jiortga�e and in enforcin� I,ender:� remedies ac provided in psra- ;
<br /> graph 18 hereof, including, but not limited to, reasonable uttorney'� fees ; and fdl 13orrower tnkec �uch setion as
<br /> Lender map reseoasbly require to assure thst the lien of this \fortgnge; Lender's intcrest in the ProPerty and
<br /> Borrower's obligation to pay the sums secured by tl�is �Zortguge shu2l continue unimpaired. Upon such payment _ �,- ;
<br /> sud eure by Bortowetr this Mortgsge snd the obligations �ec.ured herebt� �hall re�nain in full force and effect as if " =��
<br /> :t}.
<br /> no'aaceleration had occurred:
<br /> 20. Assigamaat of Ha�ta; }ippoiatmeaf of Reeeiver; Lender ia Possessioa. :1s xdditionul security here- ( � 'g; �,,`
<br /> pnder, Bor`rower h�ereby assigns, to Lender the rents of ttie Property, provided that Borrower shsll , prior to acceler- _.1 � '
<br /> stion undgr_paragrsph 18 &ereof or abandonment of the Property, have the right to collect and retain such rents �" �' y�
<br /> asthay become due ;and psyabl�. � �
<br /> k : +.
<br /> Upon'=seceleration under ars ra h 18 hereof or-abandonment of the Yro erty Lender, in .R;' `��,
<br /> P B, P *�
<br /> p . , person , by agent u„ ,.,� ,
<br /> " or ;by �udieially. ap�ointed receiver. sksllbeentitled to . enter. upon, take posse��ion of und manage the Property -- - - Y.:-^' . .
<br /> and to coliect the rente of the Property, including thosc ..past due. :1t2 rents collected Ly Lender or ihe receiver
<br /> �' ahall be' applied first Lo payment of the coate of management of the Property and collection of rents, including, but
<br /> not timited 'to, receiver's fees, premiums on rcceiver's Uonds and reasonable attorney's fcea. snd then to the swns
<br /> secured by this Mortgage_ 7.ender snd' the receiver siiall' be linble to account only for t}�ose rents ar.tunllp rer,eived. �
<br /> r
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