s �
<br /> � � �
<br /> � �,' �
<br /> s -
<br /> � t not extend or postpone the due date o! tl�c monthly installments referred to in paragraphs 1 and 2 hereof or
<br /> ;j change the amounE of such installments.
<br /> � 10., Borrower No{ Released. �xtension of ttie time for pnyment or inodificstion of smortization of the aums
<br /> A _ secured by this Vlortgage granted by Lender to any successor in interest of Borrower shnll not operate to relesse,
<br /> in any manner, the liability of fhe original Borrower and Borro�ver:� successors in interest. Lender shall not be ti,`. ; ,s
<br /> required to commence proceedings against sucl� successor or refuse to extend time for payment or otherwise modify ` ; ; � ,s:
<br /> � � � � �-
<br /> amortization of the eums secured by this J4ortgage by reason of any demand inade by the original Borrower and " : '
<br /> $orrowen's successora in interest. � , . �
<br /> 11. Fozbear�sae bgLeader Not a Waiver. Any forbearance by Lender in exercising any right or remedq � : `
<br /> g� hereunder, or otherwise afforded �y applicsble law, shall not be a �s�ai-rer of or preclude the exercise of any right ,';
<br /> �, or remedy hereunder. The procurement of insurauce or the payment of taxes or other liens or charges by Lender i - �
<br /> R,! ahall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. `
<br /> �--� 12. Ramedies Cumulative. All remedies provided in tdiis \Iortgage ure distinet and cumulative to uny other i ` , ;
<br /> � right orremedy under this �tortgage or affordeci by ln«• or cquiiy, and may bc exercised concurrentIy, independ- �
<br /> � ently or successively. x �`
<br /> 13. Succeaeors and Aasigns Bound: Joint �d Several Liability; Captions. The co��enants and agreements t
<br /> � herein aontained ahsll bind, und the rights l�ereunder shall imue to, thc respective successors :xnd ussigns of Lender
<br /> and Borrower, subject to the provisions of paragrupli 17 liereof. All covenants and agrecments oi Borrower shalt t ,
<br /> be joint and severai. The captions and lieadings of the �iaragrapli� of tliic \ tortgage are for concenienee only and � ; w,,;
<br /> are not to be uaed to interpret or define the provisions I�ereof. {,
<br /> 14. Notiee. Any notice to Borrower provided for in t6i� \lortgage :hall be �i�•en b�- inailing such notice by
<br /> certified mail ssddressed to Borro«•er ut the Yroperty� Addresa stssted belo«•, exce��t for any noticc required under p;
<br /> paragraph 18 hereof to bc given to Borro«-er in the manner prescribed bp ap�ilicablc law. Any notice provided : ' -`
<br /> for in this ��Iort�age shall be deecned to have been gi�•en to Bon•o��•er �vlien gi�•en in thc manner designated herein. ': '
<br /> 15. Uniform Mortgage; Goveming Law; Sevezability. "Phis foriu of mortgage combines uniform covenants �; d.
<br /> for national use and non-uniform covenants witli limited �•arintions by jurisdiction to constitute a uniform secu-
<br /> rit inatrument coverin resl �ro ert This \fort s e shall bc overned b - the law of the urisdiction in which Y"� s
<br /> Y S 1 P Y• 6 g � y ] �: ��
<br /> the. Property is located. In the event tl�at any provision or clause of tl�is J�Iortguge or the Note conAicts with k•
<br /> applicable law, such conflict shall not affect other provision� of this \Iortgagc or the Note which can be given ;, �
<br /> effect without the confficting provision, and to this end the provisions of the \iortgage and the Note are declared "F
<br /> to be aeverable. = t :�
<br /> 16. Borroweis Copy. Borrowershall be furnished n conformed cop� of this 1lortguge at the time of execu- �'' �"
<br /> tion or sfter recordation hereof. �' ,° p N
<br /> 17. Tr�sEer of the Property; Asgumptioa. If all or any part of the Property or an interest therein is sold F' `s�
<br /> or transfened by Borrower without Lender's prior written conse�t, excluding (a) the creution of a lien or encum- �, � �
<br /> brance subordinate to this vlortgage, ( b ) the creation of u purchuse money security interest for household appli- 'i i f�' ;
<br /> ances, (c) a transfer by devise, descent or by operation of la«• upon the death of a joint tenant or (d ) the_ grant of ��'. ,; � z�,
<br /> any leasehold interest of three years or less not containing an o�ition to purchase, Lender may, at Lender's option, r
<br /> declare all the sums secured by this Mortgage to be im�nediately due and paynble. Lender shall have waived such � ^: , ,;
<br /> , option to accelerate if, prior to the sale or transfer, Lender snd tl�e person to whom the Property is to be sold or < ' �
<br /> t;ansferred reacl� agreement in writing Uiat tLe credit of guch person is satisfactory to Lender and that the intereat � > �$ +y '
<br /> payable on the sums secured by this vlortga�e shall be at sucl� rntc as T.ender shall request. If Lender has waived � '� 1 �''
<br /> ww.
<br /> the option to accelerste provided in this paragraph 17 und if Barrower's successor in interest l�as executed a writ- � ` ;�:
<br /> ten assumption agreement accepted in writing by Lender, Lender ,hall release Borrower from all obligations under T ;�;
<br /> this Mortgage and the Note. � �
<br /> If Lender exercises such option to uccelerute, Lender sha11 !usil Borrower notice of acceleration in accordance � x,
<br /> with paragraph 14 hereof. Such notice sh�ll prot•ide a period of not less than 30 days from the date t2�e notice is �
<br /> msiled within which Borrower inay pny the swns declared due. If Borrow-er fails to pay such sums prior to the � �-
<br /> expirstion of such period, Lender may, «•ithout fuMher t�otice or demand on B'orrower, im•oke any remediea per-
<br /> i
<br /> mitted by paragraph 18 hereof. ;
<br /> � }*:
<br /> � . NON-LTNIFORM CovExw:vrs. Bori•o�ser and Lender furtl�er covenunt and agree as follows : `�'
<br /> 18. Accelerafion; Hemedies. Except xs pro�•ided in � �:iragr;q�h ] 7 hcrnof, upon Borrowcr's hreacl� of any
<br /> covenunt or sgreemenf of Borrow�er in this �Iort�n�c, including tLc covenants to �isy ��•lien due any sums secured
<br /> by this Alortgage, Lender prior to ncceleration ahull n�ail notice to Borro�rer ac pro�•ided in ra�•a��ar>>� 14 hereof
<br /> specifying: ( 1 ) the breach ; (2) tl�e nction required to ciur surli breucl� ; 131 a datc, not less tl�an thirty days
<br /> from the date the notice is mailed to 13orro«•cr, b�• ��•hicli wcl � brcacL must I�c ew•ed ; xnd (4 ) that failure to cure '
<br /> such breach on or before t6e date specified in tlie notice �uuy result in acceleration ot tt�c sums secured by this
<br /> Mortgage and sale of the Property. If the breach is not cared on or beforc tl�e date specificd in the notice, Lender
<br /> ' at Lender's option may declare all of the sums secured by this \iortgagc to be immedintcly due nnd payable
<br /> without further demand and may foreclose this \lortgage by judieial proceeding. Lende� s6sll be entitled to collect
<br /> in such proceeding s11 expenses of foreclosure, including, but not ]iiuited to, costs of docu�nentary evidence,
<br /> nbstrsets and title reports.
<br /> 19. Boaowers Right to Reinstate. lrotwithstanding I,ender's ucceleration of the swn� secured by this
<br /> Mortgage, Borrower ahall have the right to hsve any nroceedings be�un by 7,endcr to enfarcc this Mortgage dis-
<br /> oontinued at any time prior to entry of a judgment enfa�cing this \Iortgage if : ( sl Borrow•er pays Lender all ":
<br /> suma which would be then due under this 1Iortguge, thc ATote 1nd notes securing Future Advances, if any, hnd no -'`�
<br /> seceleration occurred ; (b) Borrower cures all breachea of am� other covenantc or sgreements of Borrower con-
<br /> tained in this Mortgage ; (c) Borrower pays all reasonable expenses incurrecl bv r.ender in enfarcing the covenants
<br /> 4 and sgreementa of Borrower contained in thi� Vlort�a�;e and in cnforcin� Lender'.. remedies as provided in para-
<br /> graph 18 hereof, including, but not limited to, reasonsble attomey'� iee; ; 3nd Id ) Borrower takes such action as
<br /> Lender map reasonably require to asanre thst the lien of this \Iortgage, Lender's interest in the Property and
<br /> Borrower"s obligation to pay the sums secnreci hy this \lortgage shail continue imimp�tired. Upan auch puyment ; �,,, , `
<br /> and cure by ,Borrower, this Mortgage snd the obli�atio�w secured hereby shall remain in full fa•ce and effect as if � -tr^^ �^;
<br /> �' no suceleration had occurred. ; , �;
<br /> 20. Aasigam�at ; oi R�afs; Appointment of Receiver; Lender in Possession. As additional security here- � r.:. :"
<br /> r -, under, Borroqrerhere�y aseigns to L'ender the rents of the Property. provided that Borro�ver ahall , Frior to acceler- J �.: :�„
<br /> atiori un�3er psragraph 18 hereof or absndonment of the Property, havc the rigfiE to collect and retain such rents »-•�- `'
<br /> ` se tlSerp beoonne due and 'papable, � � �. � �„ �
<br /> �, `, ` IIpon seceleration under �iaragraph 1S hereot or ahandonment of the Yropertv, Lender, in person, Uy agent 4 ' �w+-'� ; , .�"'
<br /> er by 3udicistiy appqinted receiver•ahall be entitled to enter ugon, take possession. of and manage the Property ;.:;� ;� .
<br /> and:to Collect the reata of , the :Property, inclisding those- psst due. All mnts collected by Lender or the rnceiver
<br />� ahail be applied firet to payment of the:coata af managemenL of tiie Property aud coltection of rents, including, but M
<br />� � ' not 3iwitied to, receiver's feee, premiums on receiver's bonck and reasonable attorney's fees, and then to the sums
<br /> 4'_ bY.
<br /> securcd this MortgBge_ T.ender aad tiie rece'aVer slial� be liuble to account only for those rents ACLIIRIIY receiced _
<br /> a . �
<br /> i.. ._ ��_._ . _ , . �>:,F �
<br />
|