_ : �- � .
<br /> � �
<br /> ; not extend or postpone the due date of the monthly inst� llment� referred to in paragrapl�s 1 nnd 2 hereof ar
<br /> change the amount ot suc6 installments.
<br /> " 10. Bonower Not Released. �xtension of the time for papment or modification of amortization of the aums
<br /> secured by this Vlortgage granted py I,ender to any successor in interest of Borrower shall not operate to relesse,
<br /> in any tnanner,:'tlie liability of the originnl Borro�ver nnd Borro�ver's successors in interest. Lender shall not be '
<br /> � required to commence proceedings against sucl� successor or re[use ta extend time for payment or otherwise modify � r'
<br /> � amortization of tlie aums secured Uy tl�is \fortgage by reason of uny demand made by the original Borrower and , 5,� ,
<br /> Borrower's successora in interest. ���
<br /> r"'� 1L Forbear�ce bgLendez Not a Waiver. Any forbearance by Lender in exercising any right or remedy �
<br /> � hereunder, or otherwise afforded by appiicable law , shall not be a �raiver of or preclude the exercise of any right i
<br /> � or remedy hereunder. The procurement of insurance or thc ��ayment of taxes or other liens or charges by Lender �`
<br /> s6s11-notbe "a wstiver oF Lender's right to accelerate the inaturity of tl�e indebtedness secured , by this Mortgage. +
<br /> 12. Remedies Cumulative. All remedies provided in this \fortgage are distinct and cumulative to any other ;, .
<br /> � right or remedy under this \Iortgage or afforded by In«• or equicy, ;znd �nay be exercised concurrently, independ- �
<br /> entiy or successively. �
<br /> � 13. Successors �d Assigns Bouad: Joint �d Several Liability; Captioas. The cavennnts and agreements
<br /> �'
<br /> herein oontained ahall bind , and the rights hereunder nhalt inurc to, thc respectivc successors and assigns of Lender ,
<br /> and Borrower, subject to the provisions of para�raph 17 hereof. .1❑ covenanG� nnd agmements of Borrower shall ` '
<br /> be joint and several. The captions and 6eadings of fiie paragraph� of this \tortgage are for convenienee only and �,: �
<br /> are not to be used to interpret or define t►�e provisions hereof. ��'
<br /> G �
<br /> 14. Notiee. Any notice to Borrower pro�•ided Por in thi. llor[gxge ;hall bc given by cnniling suah notice by � �
<br /> certified mai7 �ddressed to Borrower ut the Propertc :lddress stuterl bclo�r , cxcept for uny no4ice required under �C
<br /> paragraph 18 Uereof to be given to Bm•ro�cei• in tl �e inaruier � �rescribed 6y �tpplic�tble lu�v. any notice provideci F
<br /> for in this �fortgage �hsll be deemecl to ha�•c hcen given to Borro«•er ��•hen given in Uic manner designated herein.
<br /> 15. Uaiform Mortgage; Goveming Law; Severability. 'I'his forn� of mortgage combines uniform covenants s„
<br /> for national use and non-uniform covenants �vitli limiteci varistions by jurisdiction to constitute a uniform secu- ° '
<br /> rity instrutnent covering real property. This \fortga�e shalt be governed by the law of the jurisdiction in which ?'
<br /> the Property is located. In the event that any provision or clause of this \4ortgage or the i�7ote conflicts with { ' :.
<br /> applicablelaw, such conflict shall not affect other provisions of this \Iortgage or the Note which cnn Ue given �, '
<br /> effect without tlie conflicting provision, and to this end the provisions of the �fortguge and the Note are declared � -;;
<br /> to be severable. �
<br /> 16. Borrower's Copy. Borro�ver shall be furnished a conformed copy of this �lortgsge at the time of execu- „
<br /> tion or after recordation hereof. :
<br /> 17. Tzansfer of the Pro ert - Assum tion. If all or an p y "
<br /> p y, p y part of the Pro ert or an interest therein is eold - s ,
<br /> or transferred by Borrower without Lender s prior written consent , excluding (a) the creation of a lien or encum- r '
<br /> brance subordinate to this vlort�age, ( b ) the creation of a purchasc money security interest for houaehold appli- f , "�;
<br /> ances, (c) a transfer by devise, descent or by operation of la�c upon the death of a joint tenant or (d ) the grant of
<br /> any leasehold interest of three years or less not contnining an option to purchase, Lender may, at Lender's option, r , '
<br /> declare sll the sums secured by this Mortgage to Uc immediatcly ciuc and payable. Lender shall have waived such + "
<br /> option to accelerate if, prior to the sale or trnnsfer, Lender and the person to whom the Property is to be sold or � �,
<br /> trsnsfened reach agreement in writing that tl�e credit of such person is satisfactory to Lender and that the intereat r �
<br /> psyable on the sums secured by this \4ortgnge shall be nt such rate as 1.ender sliall request. If Lender has waived
<br /> the option to accelerate provi3ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- �
<br /> ten sasumption agreement accepted in writing by I.ender, I.ender shall release Borrower irom all obligations under g ;:
<br /> thie Mortgage and the Note. 4 x ;
<br /> � :.
<br /> If Lender exercises sucl� option to accelerate, Lender shall �nuil Borrower notice of acceleratioa in accordance ,f;'-
<br /> �vith paragraph 14 hereof. Such notice sl�sll provide u ��erioci of not less than 30 dsys from thc date the notice is
<br /> mailed within which Borrower may pay the sums declared due. If Borroa•er fails to l�ay such sums prior to the
<br /> expiration of such period, Lender may, �cithout further noticc or de�nand on Borrower, invoke any remedies per-
<br /> mitted by paragraph 18 hereof.
<br /> �iox-LlvcFoxM CovExwxTs. Borro�ver and Lendm• furtt�er cove�i:int and agree as follo�vs :
<br /> 18. Acceteration; Remedies. ExcePt a�s pro�•ided in puragr:i� ih ] 7 hereof, upon Borrower's breach of an}•
<br /> covenantibr agreemenEof Borro�ver in this Jlort�n�c, including thc covenants to ��ay �vhen duc �ny sums secured
<br /> by this �fortgage, Lender prior to ncccleration shall ivaiil notice to Borro�vcr as l �ro�-ided in parn�ra��l� 14 l�ereof
<br /> Apeeifying: ( 1 ) the breach ; (2) ihe nction required to cure sucli bresch ; 131 a date, not less tlian thirt,y days
<br /> ftom the date the notiee is mailed to I3orro��•er. L�• �chicl� �uch bre:tic6 must !�e cured ; and ( 41 that failure to cure
<br /> such bresch on or before tlie date specifiecl in tlie notice muy re�ult in uccelerrition of the �um� secured by this
<br /> . '_�lortgage and sale of the Property. If the brcach is not cured on or befm•c thc dnte specified in tLe notice, Lender
<br /> at Lender's option may declare all oF the sutns secured by tl� i� vSortgase to be iinmediacely due and payable
<br /> without further demand and may foreclose this \3urtgngc by judicial proceeding. Lender shall bc entitled to collect
<br /> in such proceeding ail expenses ot foreclosure, including, but not li�uited to, coste of documentnry evidence,
<br /> abatraets and title reports.
<br /> 19. Borrower s Right to Reiastate. Not�ti�ithatanding i.ender's a;cceleration of the aums secured by this
<br /> Mortgsge, Borrower shaA have the right to have sny proceedings hegun by Lender to enforcc this vlortgage dis-
<br /> continued at sny time prior to entry of a judgment enforFcing thia \fortgage if : Ial Borrower paya Lender all
<br /> aums whieh would be then due under t.his \Iortgage, thc Note nnd notes securing Future Advances, if anv, hsd na
<br /> acceleration occurred ; ( b) $orrower cures ull breachc� of any other co�•ensMs or sgrcements of Borrower con-
<br /> tained:in this Mortgage ; (c) Bonower pays ntl reasonable es�ienc� incurreci hy i,endcr in cnforcinF the covenants :
<br /> and agreements of Borrower contsined in thic \Iort�age and in enforcin� I.ender'� remedies as provided in para-
<br /> graph 18 hereof, including, but not limited to, reasonable attorney'� feea ; and id ) Borrower takes such Action as
<br /> Lender may reasonably require to nssure that the lien of this \Iortgagc, Lender's interest in the Property and t
<br /> Borrower'a obligation to pay the sums secured by , this \Iortguge al�:�❑ continue unimpaired. Upor. such payment �.
<br /> and cure byBorrower, t,6is Mortgagc and the obligations secured hereb�• �l�sll remain in full force and effect as if •- :
<br /> no acceleration had occurred. ��` °
<br /> Z0. Asugnm�n! of Reafs: Appoiatmaat oi` RBeeiver, Lender in Possesaion. r1� additional security here- � t+7�'
<br /> under, Borrower hereby sesigns to I.ender the rents of fhe Property: provided that Borcow•er shall, prior to acceler- �� ". �
<br /> atibn undei`paeagrsph 18 heeeof br abandonnient of the Property, havc the right to collect and retain auch rents �.r'�'
<br /> sa` they beeome due and payable. i "
<br /> TTpon'aeceleia't3on under paragrsph 18 hereof or afi�ndonment. of the Yroperty, Lender, in person, by agent " c ��,
<br /> . �.. �
<br /> . or by �udicislly, appointed receiver,shall bc entitled to enter upon, take �osse.-�.aion of and inanage the Property -,J- ._�. .r
<br /> � and to t;ollect,the rents of the Property, in.cludin Yhoge
<br /> g . pa►st due. All rents collected bv Lender or the receiver
<br /> ' ahall bd applied first to payment of the costa of managementof the Property snd collection of mnt_�, including, but.
<br /> ' � not limited Eo, receiver's fees, premiums on rnceiver's Uond� and masonsble attorney's fees. and then to the sums
<br /> secured by this Mortgage:Lender and the receiver shall bc lioble to account only for those rents achially receiced . �
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