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. . . . . . . . . . .. . . . I, ; . . . . � y-,9� . . � . .
<br /> not extend' or.post.pone the due date of the monthly instatiments referred to in parugraphs 1 � and 2 hereof or
<br /> chsnge the amount of sucli instsllments:
<br /> 10. Borrowez Not Raleased. �xtension of the time for payment or modification of amortization of the sums
<br /> secu;ed by this tl�Iortgage granted by Lender to any successor in interesE of Borrower shu11 not .operate to release,
<br /> in anp manner, the liability of` the originai Borrower nnd Borrower's successors in interest. Lender shall not be
<br /> required to commence proceedings sgainst such successor or refuse to extend time for payment or otherwise modify
<br /> amortization of the sums 'secured by this _lIortgage by reason of nny demand made by the original Bonower and �
<br /> Borrower's succeasors in interest.
<br /> ' 12.<Fozbecr�ce by Lendez Not a Waiver. Any forbearanee by Lender in exerciaing any right or remedy
<br /> hereunder, or othenvise afforded by applicable ia«•, shall not be n waiver of or preclude the exercise of any rigfit
<br /> � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender
<br /> � ahall noti 6e a waiver of Lender's right to accelerate the mnturity of the indebtedness secured by this Mortgage.
<br /> *"'� 12. Remedies Cumulative. All remedies provided in tliis \-lortgage ssre distinct and cumuiative to any other
<br /> *'1 right br remedy under this \Iortgage or afforded h}• Iu«� or equity, and map bc exercised concurrently, independ-
<br /> O ently or successively:
<br /> � 13. Suecessora �d Assigns Bouad: Joiat �d Several Liability; Captions. The covenants and sgreements
<br /> herein contained shall bind , and the rights liereunder shal! inurc to, the respectivc successors and assigns of Lender
<br /> ' and Borrower, subject to the provisions of paragmph 17 hereof. All covenants und agreements of Borrower ahall
<br /> � be joint end several. The csptions nnd headings of ft�e paragraphs of tl�is \Iortguge are for convenience only and
<br /> are not to be used to interpret or define tl�e provisions hereof. , ;:
<br /> 14. Notica. Any notice to Borro�ver pro�•ided for in thi� �Iortgnge shall be gicen by mniling such notice by �; '-
<br /> certified mail addressed to $orro�ver at tl�e Property �ddress stated belo�e, except tor uny notice required under �
<br /> paragraph 18 hereof to be given to Borro�cer in the inanner prescribed hy ap�ilicable law. Any notice provided
<br /> for in this Vlortgage shall be deemed to lis�•c been gi��en to Borro«•er a�Lcn given in tlie �nanner designuted herein.
<br /> 15. Uniform Mortgage; Govemiaq Law; Severability. This form of mortgage combines unifonn covenants
<br /> for national use ttnd non-uniform covenants witli limited �•ariations by jurisdiction to constitute a uniform secu-
<br /> rity instrument covering real property. This \Iortgage shall bc governed by the la«� of the jurisdiction in which
<br /> the Property is locnted. In the event that any provision or clnuse of this Vlortgage or the Note conflicts �vith 'r
<br /> applicable law, such conflict shall not affect. otl�er provisions of this �lortgage or the Note which can be given
<br /> effect without the conAicting provision, and to this end the provisio�s of the viortgage and the Note nre declared
<br /> to be severable.
<br /> 16. Boaower's Copy. Borrower shall be furnished a contormed copy of this \-Iortgage at the time of execu- "
<br /> tion or after recordation l�ereof. �
<br /> 17. Tr�sfer of tke Property; Assumption. If all or any part of the Property or en interest therein is sold �'
<br /> or transferred by Borrower �vithout 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 purchase money security interest for household appli- � � �
<br /> snces, (c) a transfer by devise, descent or by operation of la«� upon the death of u joint tenant or (d) the grant of �`
<br /> any leasehold interest of three years or less not containing au option to purchase, Lender may, at Lender's option, h '
<br /> declare all the sums secured by this Mortgage to be immediately due and psyable. Lender shsll have waived such �c�' ' 4
<br /> option to uccelerate if, prior to the sale or transfer, Lender snd tl�e person to whom the Property is to be sold or �; i' "'
<br /> traasfened reach agreement in �vriting that tlie credit of sucli person is satisfnetory to Lender and that the interest *
<br /> payable on the sums secured by this �iortga�e shall be at sucl� rute se Lender shall 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 sssumption sgreement accepted in �vriting by I.ender, Lender shall release Borrower trom sll obligations under
<br /> thia Mortgage and the Note. ;
<br /> If I.ender exercises such option to accelerute, Lender shall _nail Borrower notice of acceleration in accordance �: .
<br /> with parsgraph 14 hereof. Such notice shnl( provide a period of not less than 30 days from the date the notice is
<br /> mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the ` >
<br /> eacpiration of sueh period, Lender tnay, �vithout fttrtlier notiee or ciemand on t3orrow�er, invoke any remedies per-
<br /> mitted by paragraph 18 hereof.
<br /> Iv'ON-UNIFORM COVENANTS. BOl'1'OWQP RriC� LQI7(I@7' tlll't�1C1' COVC'I1821t flI1(I agree as follo«•s :
<br /> 18. Aeaelezation; Remedies. Eacept as �u•ovided in � r,u•agra��h 17 hereof, upon Borrower's breach of anv
<br /> covenant or agreement of Borro�cer in this �Iort�aqe, incluciing tl�c covenants to pay n•hen duc nny sums secured
<br /> 6y this �lortgage, Lender prior to scceleration slissll uuiil notice to Borro�rer as � n•o�•ideci in peu•n6rapL t4 hereof
<br /> specifying: ( 1 ) the breach ; (2) the nction required to cure sucli brcaclr, (3 ) tti datc, not less tl�nn thirty days
<br /> from the datc Uie notice is �uailed to Borrotccr, by �rhicl� �uch brcach must bc cured ; und (41 thnt failure to cure
<br /> such breach on or before tl�e date sper,iRed in tl�e noticc �uay result in acceleration of the swns secured by this
<br /> Martgage and sale of the Property. If the brench is not cured on or before the date specified in the notice, Lender
<br /> at Lender's option :nay declarc all of the sume secured by thi, �lortgagc to he itmnediatcly due and payable
<br /> without further demand and may foreclose tl�is �lortgnge by ,judicial proceeding. I,ender shall bc entitled to eollect
<br /> in such proceeding all expenses of foreclosure, inclu<ling, but not limited to, costs of docuu�entary evidence,
<br /> abatracts and titie reports.
<br /> 18. Borrowa:'s Right to Reinstate. \'otwitl�standing I.ender'� ncceleration of the sums secured by this
<br /> Mortgage, Borrower ahaU have the right to ha�e any proceedings hegun by I,ender to enforcc this �iortgage dis- f
<br /> continued at any time prior to entry of a judgment enio�cing thie \lortgage if : (a1 Borro�cer paya Lender sll
<br /> aums which would be then due under this 1Lortgagc, thc 1\'ote 1nd notes securing Future Advances, if any, had no
<br /> acceleration occurred ; (b) Borrower cur� a❑ breaches of any other covenants or a�reements of Borrower con-
<br /> tained in this Mortgage ; (c) Boaower pays all reacon:�ble expenses incurred by I,ender in enforaing the covenants
<br /> and agreements of Borrower contained in this vlortgage and iu eniorcin� I,ender:. remeclies as provided in para-
<br /> grsphl8 hereof, including, but not limited to, reasonable attorney's Peee ; and � d ) Borrower takes such action as
<br /> Lender' msy reasonably require to assure that the lien of this �[ortgage, T.ender's interest in the Property and
<br /> Borrower's obligaLion to pay the sums secured b,y this �lortgage �hntt continue unimpaired. Upon such payment "
<br /> and cure 6y Borrower, this Mortgage and the obligations secured l�ereby shnl! remain in full force and effect as if
<br /> no soceleration had occurred.
<br /> � m�
<br /> 20• Jit�i9am�nt of Roats; Appoiahnent of Reeeiver, Lendar in Possession. As additional security here- I � ' ,A �
<br /> under, Borrower hereby assigns to Lender tGe7ents of the Property; ��rovided that Borroh-er shall, prior to ucceler- J ��
<br /> s�ion under parsgrsph 18 hereof or abandonment of the Property, ha��c the right to collect and retain auch rents �,; ;
<br /> ss thby become due and psysble. ` ;
<br /> ' g x � ;
<br /> IIpoa'acceleration under paragrsph 18' hereof or ahandonment of the Yrope�Ky, Lender, in person, by agent , ,. .�1.
<br /> or by �judicially appointed recejver sliatl be entitled to enter upon, take possession of and manage the Property "" ' "� : ""'
<br /> aad to`colIect the `=ents of the Pmperty, including thosc past duc. _111 rents collected bv Lender or the receiver
<br /> shsll be applied first to payment of'the coets of management of the Property and collection of rents, including, but
<br /> not limited to, receiver's fees, premiuma on rcceiver's Uonds ancl reasonnble nttorneys fces, and then to the sums
<br /> secured by thie Mortgage. Lender:and the receiveT sBall be liuble to account onlv for those rFntt notu;�lly recci�•cd. �
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