,
<br /> _ _ � _ � " �
<br /> - - ^''_ ''^`'i ' .
<br /> i
<br /> ' not extend ar postpone the due date oi thc montlily installments referred to in para�raphs 1 and 2 hereof or
<br /> i change the amount of such installments.
<br /> j 10. Boztowar NotReleased. Extension of the time for payn�ent or modificution of amortization of the auma
<br /> � secured by this Vlort�age granted by i.ender to any successor in interest of Borrower shall not .operate to release, ; ,,;,;
<br /> t in any` manner, the liability of tlie original Borrower and Borrower's successors in interest. Lender shall not be � '
<br /> :� required'to commence nroceedings against such successor or refuse to extend time for payment or othercvise modify � �
<br /> amortization of the sums secured by this \Iortgage Dy reason ot any demand made by the original Borrower and � �� `�
<br /> � Borrower's auccessors in interest.
<br /> � il. Fozbear�ce by I.Bnder Not a Waiver. Any forbearance by Lender in exercising tany right or remedy ' `
<br /> � hereunder, or othernise afforded by upplicable ]nw, shull not be a wniver of or preclude the exercise of any right ,:;;
<br /> � or remedy hereunder. The procurement of insurance or the payment ot taxes or other liens or charges by Lender
<br /> *""� ehall' not be n wui4er of Lender's right to accelerate the maturity of the indebtedness secured Uy this Mortgage.
<br /> O 12. Rea�edies Cumulat3ve. All remedies provided in tliis \4ortgage arc distinct and cumulative to any other
<br /> � � rightor remedy under this \tortgage m• affordcd hy la��• or equity, and may bc exercised concurrently, independ- ''
<br /> ti � ently or auccessively. �;
<br /> { � 13. Successors aad Assigas Bouad; Toint �d Severel Liability; Ceptions. The covennnts snd agreements
<br /> ^ herein contained shall bind , snd the rights tiereunder shnll inure to, thc respectivc successors and assigns of Lender
<br /> `� and Borrower, subject to the provisions of paragraph ] 7 hereof. r1ll covenants and agreements of Bonower shall ' �`
<br /> be joint and several. The captions snd J�eadings of the �>aragra��l�s of this tlortguge ure for convenience onty snd <, ` ` ''
<br /> are not to be uaed to interpret or define tiie �rovisions liereof.
<br /> # 14. Notice. Any notice to Borrower pro��idecl for in thin �lortgage s}�all be given by mailing such notice by
<br /> �} certified mail addressed to Borrower nt the Property �lddress statect I�elo«� , except fm• any notice required under
<br /> paragraph 18 hereof to be given to Borro�rer in tl�c mnnner �ireccribed by ;ipp�icablc lan•. Anp notice providetl
<br /> � for in this Vlortgage shall be deemed to havc been gi�•en to Borro�cer ��•Len given in the manner desig�ated herein.
<br /> 15. Uaifotm Mortgage; Governiusg Law; Severability. 'Chis for�u of mortgage combines uniform covenants
<br /> ' tor nationul use nnd non-uniform covenants witli limited variations by jurisdiction to constitute a uniform secu-
<br /> rity instrument covering real property. This \Iortgage shnll be go��erned by the ]a�v of thc jurisdiction in which � '
<br /> the Property is located. In the event that any ptovision or clause of this \4ortgage or the Note conflicts with
<br /> upplicable lsw, such conflict shnll not affect. otlier provisions of this Jfortgngc or the Note �vhich can be given {:
<br /> effect without t6e conflicting provision, and to this end the provisions of the �fortgage and the Note are declared ?-„
<br /> to be severable.
<br /> 16. Borroweis Copy. Borrowershall be furnished a conformed copy of this vlortgage at the time of execu- >
<br /> tion or after recordation hereof. }' ` t „ >;
<br /> 17. Transfez of the Propedy; Assumption. If all or any pnrt of the Property or an interest therein ia eoid �U���
<br /> or tranaferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum-
<br /> brance subordinate to this Mortgage, � b) the creation of a purchuse money security interest for household appli- T
<br /> ances, (c) a transfer by devise, descent or by operation of la«• upon thc death of a joint tenant or (d) the_ grant of ' �
<br /> any leasehold interest of three years or ]ess not containing an option to purchuse, Lender mny, sst Lender's option, ,
<br /> declare all the sums secured by this Mortgage to be immeciiately due and payuble. Lender shall huve waived such
<br /> option to accelerate if, prior to the sale or transfer, Lender and the person to �vhom the Property is to be sold or ,:
<br /> transferred reach agreement in writin� that the credit of such person is satisfactory to Lender and that the interest ,5 �> ,
<br /> paysble on the suins secured by this :blortgagc shall bc at such rute as Lender shall request. If Lender has wnived �
<br /> the option to accelerate provided in this paragrupli 17 and if Borrosver's successor in interest has executed a writ- n�%�° .'
<br /> ten assumption agreement accepted in writing by I.ender, Lender shall release Borrower from all obligations under � ��'� �w
<br /> Y «
<br /> this Mortgage snd the Note. �,
<br /> If Lender exercises such option to accelerute, Lender shall :nuil Borrower notice of acceleration in accordance �'
<br /> tvitB paragrsph 14 hereof. Such notice shall provide � period of not less tlian 30 dayc from the date the notice is =�
<br /> mailed within which Borrower may pay the sums declared duc. If Borrower fails to a such sums y
<br /> P y prior to the
<br /> expiration of such period, Zender �nay, �eitl�out fuMher notice or deivand on I3'orro�ver, im•oke any remedies per- -�
<br /> mitted by paragraph 18 hereof.
<br /> � t�iON-US7IFOR�M COVENASTS. BOCl'O\V@I' RI1C1 L@IICl@7' t�Ul't}IM' COVCI]l1Rt and agree as follo�vs : � � � �
<br /> 18. Aeceleration; Remedies. Except as pro�•icted in F �aragr:i� ,h 17 liereof, u��on Borrower's bresch of any
<br /> covennnt or sgreement of Borro�cer in this �IortFaFc , inrluciing thc co�•enants to pay wlicn duc any sums secured
<br /> hy this \Iortgage, Lender ��rior to ucccleration shall mnil noticc to Borro���cr us �iro��idcd in pnra�rnph 14 l�ereof
<br /> specitying : ( 1 ) the breach ; (2) the flction required to cure ,uch brench ; 13) a date, not Icss than thirty days
<br /> from the date the notice is mailed to 13orro��-er, by ���Lich �ueh hre;ticl � must be cured : aind 141 that fuilure to cure
<br /> such breach an or before the dute specified in il�e notice may resuli in ssccelerution o( the swns secured bv this
<br /> ;blortgage and sale of the Property. If the brexch is not cured on or befm•c the dntc specificd in tl�e notice, Lender
<br /> • at Lender's option msy declarc nit of the ctuns secured by thi. 3lortguge to bc immedistcly due and payable
<br /> without further demand nnd may foreclose this JIortgage by judicial proceedin�;. 7,ender shall be entitled to collect
<br /> in such proceeding a11 expenses of foreclosurc, inciuding, but not limited to, costs of docu�nentary evidence,
<br /> abstraets and title reports.
<br /> 19. Boaoweis Right to Reinstate. \otwith�tanding I.ender'. uccelera[ion of the sums secured by this
<br /> Mortgage, Borrower shall have the right to ha��e any proceedings hegun by Lender to enforcc thie vlortgage dis-
<br /> continued at any time prior to entry of a judgmeni enfozcing thi. \Iortgage if : ( a � Borrower pays I.ender all
<br /> sums which would be then due under this �tortgn�;c, thc Note and notes securing Future Ad�•ances, if any, had no
<br /> acce}eration occurred ; (b) Barrower cures all hrenches of un�• othei• co�-ennntc or a�;rcements of Sorrower con-
<br /> tained in this Mortgage ; (c) Sorrower pays all reasonablc exE�ensee incurrecl b}• l,ender in enforcing the covenants
<br /> and sgreemeate of Sorrower contained in thi� \Iortga�c and iu enforcin�; t.endcr', remedies f�s provided in para-
<br /> graph 18 hereof, incIuding, but not limited to. rensonable attorney'� fee� ; nnd Id ) Borrower takes such action sss
<br /> Leader msy;reeaonably require to assure thst thc lien of this �lortgage, Lenderc interest in the Property and
<br /> Borrower's obligation to pay the aums secured hy thic \fortg3ge shall contintic unimpttired. L'pon such payment r, `.
<br /> and cura by Borrower, this A'Iortgage and the obligations secured hereb�� �hall remain in full force and effect as if
<br /> no acceleration had occuned. �' ;
<br /> 20. 7Sasignment of Reais; Appoiatment of Receiver; Lender in Possession As additional security here- }; :" '
<br /> under, Borrower hereby ssaigns to LenBer the rents of the Property, provided tliat Borron•er shall , prior to acceler- � "
<br /> atioa'under'psragraph 18 hereof or absndonment of the Property, hsvc tlic rigl�t to colleet and retain such rents � �'<'.
<br /> as they become due and payable. � °�
<br /> Upon aceeleration under psragraph 18 hereof ar abundonment of the Yrapertv. Lender. in ��erson, bp a�ent � t''fi `;� '
<br /> ' or by judicislly appointed receiver ahall be entitled to enter upon, take poc=e<sion of and manage the Property � ;;�*"'
<br /> and to collect the rents of the Pro ert includin thosc ' ` '" ` "
<br /> P y, g past due. A21 rents collected by Lender or the rer.eiver
<br /> ahall be applied first to payment of the costs_of management of thc Property and collection of rents, including, but
<br /> not limited to, receiver's fe�, premiums on mceiver's bonds and reasonnble attorney's feea. and then to the sums
<br /> secured by this Moitgage. Lender and ' the receiver 'sl�all bc liable to nccount onlp for those rents actunlly received .
<br /> , ._ .... � ..,..,_ �
<br /> , ,,.,�, ._ «,.: ... _ _.,_ . . � _-, � i
<br />
|