_ � ^ � - � .
<br /> not extend or poskpone the due date oi thc n�ontldy iustr�llroent� refcrred to in para�raphs 1 und 2 hereot or
<br /> change tl�e amount of sucU instaUments.
<br /> 10. Borrower Not Released. �xtensioti of the time for ��nymenL or modification of amortization of the sume
<br /> secuted by this vIortgrtge granted by I.ender to any successor in inicrest of Borrower shall not operate to release,
<br /> in any manner, the liability of tlie original Borrowec und Borro�vcr's successors in interest. Lender shall not be
<br /> { requiredto commence ��roceedings against sucli successor or retusc to extend time for payment or othenvise modify
<br /> amortization of the sums secured Uy this \Iortguge by reasou of any demi�nd mude by the original Borrower and �
<br /> ; Bonower's succesaors in interest.
<br /> ;.! 11. Forbearanee by Leadez 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 a waiver of or preclude the exercise of any right
<br /> : t � or remedy hereunder. The procurement of insurance or the payment o[ tnxes or other liens or charges by Lender
<br /> � r-� ehall not be a �vaiver of Lender's right to accelee�.te thc maturity of tlie indebtedness secured by this Mortgage.
<br /> : � r-{ 12. Remedies Cumulative. All remedies provided in tfiis \iortgage are clistinct and cumulative to any other
<br /> � r{ right or remedy under this \ Iortgage or afforde�l h�• laa• or eqnir.y, nnd mny be exercised concurrently, independ-
<br /> ; p entlgor successively.
<br /> � � � 13. Sueeessors �ad Xssigns Bound; Joint �d Several Liability: Captions. The co�•ennnts and agreements
<br /> : J herein contained shttJl bind , und the rights l�ereunder shall inure to. thc respectivc successors and assigns of Lender
<br /> � und Borrower, subject to the procision� of paraFraph 17 l�ereof. �ll cot•enautv and agreements of Borrower shall
<br /> :{ � be joint und several. The captions and hcadings of die para�r3pfin of this \ Iort�uge are for convenience only and
<br /> � I'�, sre not to be used to interpret or define the provisions liereof.
<br /> ;� 14. Notice. Any notice to Borro«•er pro�•ided for in tliis \lortgitgc .liall he given by mailing �uch notice by
<br /> : � certified mail addressed to Borro«•cr at t6e Yropert}� :lddres� suited beloa . cscept for uny noticc required under
<br /> # paragruph 18 l�ereof to be gi�•en to Borro�cer in the innnner lirescribed by np��lieable law. :�ny notice pro�•ided
<br /> � for in this \Iortgage ehs1I be deemed to ha�•c becn giren to Aorro�cer �rhen Ri�•en in the manner designnted herein.
<br /> .� 15. Uaifozm Mortgage; Govaming Law; Severability. This forn� ot uiortgage cotnbines uniforn� covenants ,
<br /> ,y fornational use and non-uniform covenants �vitii limited �•nriations b}• jurisdiction to constitute a uniform secu- �
<br /> � rity instrument covering real property. This �Iortgage shall be governr.d by the law of the jurisdiction in which '
<br /> the Property is located. In the event that nny provision or clausc of tl�ic \Iortgage or the Dtote confticts with r;
<br /> applicable law, such conflict shall not uffect otl�er pro��ision, oi this \Iortgage or t.l�e Note which enn be given R � `
<br /> ;� effect without tl�e conflicti�g provision , und to this end the �n•ovisions of thc �Iortgage and the Note are declared "
<br /> i to be severable. :
<br /> � 16. Bonower's Copy. Borrower shull be furnis6ed a coniormed copy of this ilfortgage at the time of execu- {°
<br /> ' � tion or after recordation hereof. ' ;
<br /> 17. Traasfez of the Property; Assumption. I f all or any part of the Property or an interest therein is sold <
<br /> � or transferred by Borrower �vithout Lender's prior �vritten consent, excluding ( a ) the creation of a lien or encum- ,
<br /> brance subordinate to this \-Iortgagc, ( b ) the creation of a purchuse money security interest for household sppli- �' -
<br /> ances, (c) a transfer by devise, descent or b,y operation of la��- upon the death of a joint tenant or (d ) tlie grant of � r.'
<br /> '� any lessehold interest of three years or less not containing an option to �wrchase, Lender may, at Lender's option,
<br /> ,,f declnre all the sums secured by this Vlortgage to be immediutely due :ind psyable. Lender siiall have wnived such
<br /> � option to accelerate if, prior to the snle or transfer, Lender und thc person to whom the Property is to be sold or _:
<br /> tranaferred reacl� agreement in writing ti�at the credit of �uci� person is satisfactory to Lender and that the interest ��
<br /> paysble on the sums secured by this �Iorigage sl�al ] be ut sucl� ratc as I,ender shall request. If Lender has waived ;;
<br /> '.� the option to accelerate provi3ed in this paragraph 17 and if Borroticer's successor in interest has executed n writ-
<br /> � ten assumption agreement accepted in �vriting by I.ender, Lender shnll release Borrower from sll obligations under
<br /> � thia Mortgage and the Note.
<br /> If Lender exercises sucl� option to accelerate, Lender shull :unil Borrower notice oi acceleration in accordance �
<br /> with paragraph 14 hereof. Sueh notice shall procide a periocl of not less tLan 30 duys from the dnte, tl�e notiee is ,
<br /> 1� mailed within which Borrower may pav the swns declured dur. If Borro��•er fsils to pay such sums prior to the �`
<br /> expiration of such period, Lender map, �citfiout. furtl�er notice ur de�nund on Borrower, invoke any remedies per-
<br /> mitted by paragraph 18 hereof.
<br /> I�rON-UNIFOR31i COVF.NAI�TS. BOCI'ONOP NII(� LC11C�C1' till'YI1CT COVCII:lllt. 8T1(� 3j�1'CC as follo��•s :
<br /> 18. Aceeleration; Remedies. Except us pro�•ided in � �arag�:��ili ] 7 licreof, upon Borro�ter's hrench of any
<br /> � covenant or agreement of Borro«•er in tiiis \tortfiii �c, including tlic covenant; to pny ��•l�en due nny sums secured
<br /> � by this \fortgage, Lendcr prior to acceleration �6x11 u �ail nutice co Borro�rcr a� pro�•i�icd in �uintgraph 14 hereot
<br /> specitying: ( 7 ) the brescl� ; f2) the action required to cure .uch hre�ch ; 13 ) u date, not Iess than thirty days
<br /> from the date the notice is mailed to Borro�vcr, by �rhicl� �uch brcnch must be cural ; snd ( 4 ) that failure to cure
<br /> # such breach on or before tl�e date specified in the nutiic � nay result in accclera;tion of the sum� secured by this
<br /> � �fortgage and sale of the Yroperty. If tlie brcacl� is not cured on or before the date specified in thc no4ice, Lender
<br /> - at Lender's option maY declare nit of the sunis secured by tl� i. \Iortgage to be i�nu�ectiately due and payable
<br /> � without further demand and may foreclose thi� \lortgage by ju�licial proceeding. Lender ahall be entitlect to collect
<br /> in such proceeding u❑ expenses of foreclosure, including, but not limitc�9 to, costc of docuu�cntary evidence,
<br /> � abstracts and title reports. :
<br /> 19. Boaowar's Eight to Reinstate. Votw•ithstnnding I.ender: uccelerution ot the sumc secured by this
<br /> ,� Mortgage, Borrower shall have the right co have any proceedin�;� hegun bp T.endcr to enforce this Viortgsge dis-
<br /> continued at any time prior to entry of a jud�ment enfoxcing this �'Iortgage if : lii � Borrower pays I.ender all
<br /> 4 sums which would be then due under this �Iortgage , thc 1`Tote nnd notes securing Future Ad�•unces, if any, had no
<br /> [ acceleration occuaed ; ( b ) Borrower cures u❑ breache. of any other co�•en:tnts or agmemenG� of Borrower con-
<br /> k, tsined in this Mortgage ; (c) Borrower pays all reusonablc expenses incurred h}� 7.ender in enforcing the covenants
<br /> :� and agreements of Borrower contssined in thie �Iortgn�c und iu eniurcinK Li�nder'� remedie, us provide�l in para-
<br /> .� , �eph 18 hereof, including, but not limited to, reusonnble sttorney's fee� : anii �d ) Borrower takes such ttction as
<br /> Lender'may reaeonsbly require to nssure that the lien of this \Iortgage. Lender's interes-t in thc Property and E
<br /> Bonower's obligation to pay the sums secured by this \fortgage :ha❑ continue imimpaired. UPon such payment
<br /> and cure by Borrower, thie Mortgage and the obligations :+ecured hereb}• �hall remuin in full force and effect as if «, �:;. , "
<br /> no acceleration had occurred. � '
<br /> 20. Asaigamsnt of Reats; Appointment of Rseeiver; I.eadez ia Posseasion. as additional security here- � �
<br /> under, Borrower hereby assigns to LendeYthe rents o[ tlie Property-. pro�•ided t6atBorro�cer shall , prior to acceler- �; '
<br /> stion under paragraph- 18 hereof or abandonmenti of thc Property, huvc thc right to collect and rntain such rents � ;� ; ,Y
<br /> , astheq become due sad payable. `
<br /> Uponaoceleration nnder paragraph 18 hereof or abandonment of thc Yroperty, I.ender, in person, by agent } w .' ' ,�t " ' `
<br /> �.
<br /> y or by judicially uppointed receiver shall fie entitled to enter uNon, take poseasion of and manage the Property `x , ; , �r
<br /> + and to collect the rente of the Property, including those past due. All renta collected hy Lender or the receiver - -
<br /> � >shall be spplied firstto payment of the costa of management of the Property and collection of rents, including, but
<br /> }' not limited to, receiver's fees, premiums on receiver's bond� and reasonablc attorney 's fees. and then to the sums
<br /> :i secured by this Mortgage. Lenderand the receiver sl�all bc liabic to account only for those rent� actually recei��ed .
<br /> .' �
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