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<br /> not extend or postpone the due dnte of thc montl�ly installments referred to in paragraphs 1 and 2 hereof or
<br /> change the amount of such installments.
<br /> 10. Bonower Not Released. Extension of thc time for payment or modification of amortization of the sums
<br /> ' ; secured by this tilortguge granted Uy Lender to any successor in interest of Borroa•er shall not operate to release,
<br /> � in uny msaner, the liability of t6e briginal Borrower und Borroivcr:s successors in interest. Lender shal( not be :� `
<br /> • required to commence proceedings against sucli successor or refuse to extend time for payment or otherwise modify ;
<br /> r� umortization of the sums secured by tl�is \Iortgage by reason of nny demand made by the original Borrower and `
<br /> (,1j Borrower's auecessors in interest. l
<br /> M 11. Forbearaaee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br /> �j hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right
<br /> �–{ or remedy hereunder. The procurement of insurance or tlie payment oF taxes or other liens or charges by Lender
<br /> � p shall not be a w•aiver of Lender's right to accelerate the �naturity of the indebtedness secured by this Mortgsge. � :
<br /> � 1Z. Remedies Cumulative. All remedies provided in this �4ortga�e are distinct and cumuiative to any other
<br /> � right or remedy under this \Iortgage or afforded hy la��• or equity, and may Uc exercised concurrently, independ-
<br /> � ently or successively.
<br /> O0 13_ Successors �d Assigns Bound: Joiat �d Several Liability; Captions. The covenants and agreements
<br /> 1\ herein contained shall bind , and tlie rights hereunder shall inure to, thc respective successors and assigns of Lender '
<br /> and Borrower, subject to the provision� of ��aragraPl� 17 l�ereof. :111 covenants and agreements of Borrower sha11
<br /> be joint and several. Tiie captions and headings of ttie �iarngraphs of this 3(ortgage nre for convenience only snd
<br /> are not to be used to interpret or define the provisions hereof.
<br /> 14. Notiee. Any notice to Borrower pro��ided for in tliiti \Iortgage _htill be gi��en by mailing s�ch notice by �:
<br /> certified mail addressed to Borrower xt the Property Addres� sta[ec! belo«• , excert for uny noticc required under ._�j,'
<br /> paragrttph 18 hereof to bc given to Borro«•er in thc manner ��rescribed b}• :�pplicable la�v. Any notice provided �'
<br /> for in this Vlortgage shall be deecned to hnvc been given to Borro�ccr «•hen given in the inanner designated herein. ;
<br /> 15. Uaifozm Mortgage; Governixsg Law; Severability. Thie torm of mortguge combines uniform covenanta r' r;'
<br /> for national use and non-uniform covenants with limited �•xriations by jurisdiction to constitute a uniform secu- 4'
<br /> rity instrument covering real property. This \dortgage shnll be govcrned by the law of the jurisdiction in which
<br /> the Property is located. In the event that any provision or clause of this �Iortgage or the Note conflicts with � ' +'
<br /> t:
<br /> applicable ]an•, such conHict shsll not affect. otl�er provisions of tliis \Iortga�e or the Note �vhich cun be given ;
<br /> effect without the conHicting provis:on , and to this end tlie provisions of the tilortgage and the Note are declared � ;�
<br /> to be seversble.
<br /> 16. Boaowei s Copy. Borrower shsll be furnislied a conformed copy of this �Iortgage at the time of execu- y� , < r' �?
<br /> tion or after recordation hereof. ,
<br /> 17. Transfer of the Property; Assumption. Sf all or any part of the Property or an interest therein ia sold �; Yv
<br /> or transferred by Borrower cvithout Lender's prior �vritten consent, excluding ( a) the creation of a lien or eneum-
<br /> brance subordinate to this Mortgage, ( b) the creation of a purchase inoney security interest for household appli- f� " �'�`
<br /> ancea, (c) a transfer by devise, descent or by opertstion of la�c upon the death of u joint tenant or (d ) the. �rant of � 4 ��i"-'"�
<br /> any leasehold interest of three years or less not containing an option to purcl�ase, Lender may, at Lender's option, F ;' , a,*
<br /> declare all the sums secured b this Mort a e to bc im�nediatel due anci '� ',�°'
<br /> Y b g y puyable. Lender shail have waived such , �` r : *� ,.
<br /> option to accelerate if, prior to tl�e sale or transfer, Lender and the person to whom the Property is to be sold or z �
<br /> transferred reacl� agreement in writing tliat the credit of such person is satisfactory to Lender and that the interest �, ; t : "�
<br /> psyable on the sums secured by this Mortgage shall be at sucl� ratc as I.ender shall request. If Lender has waived � - `?s
<br /> the option to accelerate provi3ed in this paragrsph 17 and if Borrower's successor in interest has executed ss writ- 4 �,Y;
<br /> ten assumption agreement accepted i`n writing by 7.ender, Lender shall release Borrower from all obligations under ' "
<br /> this Mortgage and the Note. r�� ; p
<br /> If Lender exercises such option to accelerate, Lender shnll �usil Borrower notice of accelerstion in sccordance � ' �;
<br /> �vitl� paragraph 14 hereof. Sucli notice shall provide a period of not less tl�an 30 d�tys from the date the notice is ; ` f ;
<br /> mailed within which Borrower �nay pay the sums declnred due. If Borrower fsils to �ay such sums prior to the � '
<br /> expiration of such period, Lender �nay, �vithout further notice or demand on B'orro«�er, invoke any remedies per- } a
<br /> mitted by paragroph 18 I�ereof. �
<br /> e
<br /> iVox-UxrFORrc CovExwxrs. Borrower and Lender Yurtl�er coceuant and a�ree fls follows :
<br /> 38: Acceleration: Remedies. �xcept as pro�•ide<t in �iaragrapli 17 licreof, u��on Borrower's breach of nny
<br /> covenant or agreement of Borro«•er in thi� �iort�agc, indudin� tlic co�•enants to pny �vhen due any sums secured
<br /> by this 14ortgage, Lender prior to accclerstion al�all m:tiil noticc to I3orro�vcr as ��rovidcd i�i parsgrupl� 14 hereof
<br /> specifying: ( 1 ) the breach ; ( 2) the ac[ion required to cure sucl� brcucl� ; 13 ) u datc, not Icss than thirty days ',
<br /> from the date the notice is mailed to F3orroo•cr, by �vhich .iicl � bres�cli mus[ be cured ; and ( 91 that failurc to cure * �
<br /> such breach on or before tl�e date specified in the noticc may result in acceleration of tl�e sums secured by this -
<br /> Mortgage and sale of the Property. If the bread� is not cureci on or beforc tl�c date specified in tl�e notice, Lender
<br /> at Lender's option may declare all of the sums secured by tliis �Iortgage to be immediritely due and psyable
<br /> without further demand and may foreclose this �Iortgnge by judicial proceeding. Lender shall be entitled to collect
<br /> in such proceeding all expenses of foreclosure, including, hut not li� nited to, wsts of documentary evidence, T
<br /> abstracts and title reports. �`-:
<br /> 19. Borrower's Rigbt to Reinstete. Notwithstunding Lender's accelerntion of the sumc secured by this
<br /> Mortgage, Borrower shall have the right to have nny proceedings hegun by Lender to enforcc this Viortgage dis-
<br /> continued at any time prior to entry of a judgment enfoTcing tliis \fortgage if : Ia ) Borrower pays Lender all
<br /> sumswhich would be then due under this \Iortgnge, the 1�'ote nnd notes securing Futurc Ad�•ances, if any, had no
<br /> acceleration occurred ; (b) Borrower cures all breaches of nn�• other covennnts or a�rnements of Borrower con-
<br /> tained in this Mortgage ; (c) Borrower pays all reasonable espensec incurred by T.ender in enforcing the covenants
<br /> and agreements of Borrower contained in this \Iortga�;c and in enfmrinK i.ender'. remedies �is provided in para-
<br /> graph 18 hereof, including, but not Iimited to, reasonable attorne�•'s iees : and (�U Borrower tnkes such action as . ` ��
<br /> Lender msy resaonably mquire to assure that the lien of this �Iortgage, Lender's interest in the Property and �;
<br /> Borrower'e obligation to pay the sums secured by thie \Tortgagc shall continuc unimpuired. Upon �uch pupment ,
<br /> and cure. by Borrower, this Mortgage and the oblit;ationc secured herebc shall remain in full force und effect as if �'�"�
<br /> no acceleration had occurred, ` -�tc--.. ';'
<br /> 20. Aasigamont- o[ Ronta Appointmeat o! Roeeivez; Lendez in Possession. �1s additionnl security here- �'
<br /> uhder, Borrower hereby sseigns to Lepder the rents of thc Propert}•. provided that Borro�cer shall, prior to acceler- I �'A m`
<br /> gtion under paragraph 18 hereof or abandonment of thc Property, have the right to collect nnd retain auch rents —�
<br /> as t�ey become due and payable. ; 4`y.
<br /> i7pon aaceleration ,under paragraph' 18 hereof or abandonmeM ot the Yroperty, Lender, in person, bp agent ��;,„',
<br /> ` or b 'udiciall s .� . ;
<br /> y � y ppointed reeeiver shall be` entiEled to'entervpon, take I�easion' o[ and manage the Property •
<br /> � and: to-cqllect t&e rents of the;Property, includinR those past due. All rents collected by 7.ender or the receiver ^`� • ��
<br /> ahall be npplied firsti topayment of the coste of managementof thc Property and collection of rents, including, but '
<br /> no£ limited to, receiver's fees, premiums on mceiver's bondQ nnd reasonable attorney's Cees, and then to the sums
<br /> secured by thie Mortgage. Lender and the receiver shall be liable to account only for those rents actuully received.
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