, _ . . _ _ _
<br /> � Y �
<br /> � .
<br /> not extend" or postpone the due date of thc montlily in9tallments referred to in parngraphs 1 and 2 hereof or
<br /> 'change the amount of such installments.
<br /> ' ' 10. - Borrower Not Released. Extenaion of the time for pn,yment or modification of amortization oF the sume
<br /> $ secured by this vlortgage grantecl by Lender to any successor in interest of Borrower shall not o�erate to release,
<br /> : � .
<br /> in ariy manner; the- liability of 'the original Borrower and Bor�ro�ver's successors in interest. Lender shall not be
<br /> ; required to cpmmence proceedings against sucli successor or refuse to extend time for payment or otherwise modify
<br /> amortization of the sums secured by tl�is \iortgage by reason of any demand mude by the origir.al Borrower and
<br /> Bormwer's auccessors in interest. f �
<br /> � � 11C Forbear�sce by Lender Not a Wmver. Any forbearance by Lender in exercising any right or remedy {
<br /> hereunder, or otherwise afforded by applicable law, shall not be a �vuiver of or preclude the exercise of any right
<br /> �� or remedy hereunder. T4e procurement of insursnce or the payment of taxes or other liens or charges by I.ender �
<br /> . i � slaall not be ,a waiver ofZender's right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br /> } Q 12. , Remedies Cumsslafioe. All remedies provided in tliis �4ortgage are distinct and cumulative to any other
<br /> � � right or iemedy under this �4ortgage or afforcicd by laa m• equicy, snd may bc exercised concurrently, independ- � ,-
<br /> ' ; eatly or successively. � • ,
<br /> ,`; � 13. Successors �d Assigns Bound; Joint �d Sevezal Liability; Captions. The covennnts und agreements ,
<br /> � herein contsined shall bind , nnd the rights hereunder shall inure to, the respectivc successora snd assigns of Lender �
<br /> j ^ and Borrower, subject to the provisions of paragrnph 17 hereof. A11 covenants and agreements of Borrower shall � ';
<br /> ;i be joint und severaI. The captions snd headings of the paragra�ih� of this \Iortguge are for convenience only and
<br /> : � are not to be used to interpret or define tl�e provisions l�ereof. �{.
<br /> ; 14. Notice. Any notice to Borroa•er providcd for in this \lor[gage shal ! he gi�•en by inailing such notice by �' '
<br /> certified mail addressed to Borrower nt the Property :lddress etnted bclon�, except for uny notice required under �;`
<br /> i paragraph 18 hereof to be given to Borrow•er in thc inanner prescribed by xpplicable la�v. Any notice provided :a
<br /> < forin this Vlortgage shail be deemed to have been given to Borro«�cr «•l�en given in the manner designated l�erein. � '
<br /> ' � 15. Uniiozm Mortgage; Govemiag Law; Severability. 'I'his form ot mortgage combines uniform covenants 4-'
<br /> for national use and non-uniform covenants �vitl� limiied �•ariations by jurisdiction to constitute a unitorm secu- ;�
<br /> ' rity inatrument covering real property. This \fortgage shall be governed Uy the la�v of the jurisdiction in which �;�
<br /> i the Property is locsted. In the event that any provision or cluuse of this Mortgage or the Note conflicts with
<br /> ' ? applicable law, such conHict shail not affect other provisions of this �Iortga�e or the Note which can be given t,
<br /> " effect without the conflicting provision, and to this end the provisions of the Jlortgage and the Note are deciared �-
<br /> ' to be severable. r
<br /> � 16. Borrower's Copy. Borrower shall be furnished a conformed copy of this \4ortgage at the time of execu- ;'
<br /> ition or after recordation Lereof. �
<br /> � 17. Trasas{er o[ the Propezty; Assumptioa. If all or any part of the Property or an interest therein is sold
<br /> or transferred by Borrower without Lender's prior �vritten consent, excluding (s) the creution of a lien or encum- �
<br /> brance subordinate to this �Iortgage, ( b) the creation of u purchase money security interest for household appli- �;
<br /> , � ances, (c) a transfer by devise, descent or by operation of la«• upon thc death of a joint tenant or (d) the. grant of �,
<br /> any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, '
<br /> , � declare all the sums secured by this Mortgage to bc immediately due and payable. Lender shall have waived such x`
<br /> ogtion to accelerate if, prior to the sale or transfer, Lender aud the person to whom the Property is to be sold or �
<br /> � transfened reach agreement in writing that the credit of sucli person is satisfactor,y to Lender and that the interest y
<br /> payable on the sums secured by this Mortgage shall be at such rate as I.ender shall request. If Lender has waived ?
<br /> the option to accelerate proviled in this parugrap6 17 and if Barro�ver's successor in interest I�as executed a writ- :
<br /> :`� ten assumption agreement accepted in writing by 7,ender, Lender shull release Borrower from all obligations under �
<br /> , � this Mortgage and the Note_ '
<br /> If Lende� exercises sucl� option to accelerste, Lender shAll auuil Borrower notice of acceleration in accordance �'
<br /> :� witL paragrsph 14 hereof. Such notice shall provide a period of not less tlian 30 days from the datc the notice is ,:
<br /> � mailed within which Borrower muy pa3• the sums dcclared duc. If Borrower faile to pay such sums Prior to the 3
<br /> expiration of such period, Lender inay. without furtl�er notice or demund on Borro�r•er, invoke any remedies per- i
<br /> mitted by paragraph 18 hereof. �
<br /> r ;
<br /> � �'ox-UxiaoRM Covaxwxxs. Borrower �tnd Lender furtl�er covenant and aaree as follo�r•s :
<br />�: >`
<br /> 18. Acceleration; Remedies. Except. as pro�•ided in � niragru�ili 17 hcreof, upon Borrower'� breach of any k
<br /> eovenant or agreement of Borro�ver in tliis �fortgage, inducting tLe covenants to pay when due any sums secured
<br />� � by this 1lortgage, Lender ��rior to acceleration shall ivail notice to Borro�ver as provided in �iaragruph 14 hereof ,
<br />� � specifying: ( 1 ) the breach ; (2) the action rec�uirecl to cwr �ucl� breach ; (3) a date, not less thnn thirty days
<br />� '� from the date thc noticc is mailed to Borrower, by �chich sucli hrcacli must be cm•ed ; and (41 thut tailurc to cure
<br /> such breach on or before tl�e date specified in tl�c notice �uay result in accelerxtion o[ tlic sume secured by this
<br />;� � Mortgage and sale of the Property. If the bresch is not cured on or betore the date specified in the notice, Lender
<br /> at Lender's option may declnre all of the suins secured I>y this vIortgage to be immediatcly due and paysble
<br /> u:, ', without furtherdemand and may foreclose this V[ortgagc by ,judicial proceeding. Lender shall be entitled to collect
<br /> in such proceeding all expenses of foreclosure, including, but not Iimited to, costs of documentary evidence,
<br /> ` abstracts and title reports.
<br />�: ` 19. Borrower's Right to Reiastate. Notwitl�standing I,ender's acceleration of the �ums secured by this ^
<br />';-� Mortgage, Borrower shall have the right to have any Proceedings begun by T.endcr to enforcc this vlortgage dis-
<br /> , � continued atsny time prior to entry of a judgment enforcing this �Iortgage if : ( al Borro�cer pays Lender all
<br /> sums which would be then due under this Jtortgagc, thc I�'ote nncl notes securing Futurc Adcances, if any, had no
<br /> acceleration occurred ; (b) Borrower cures all breaches of nm• other co�-enantc or aigrcements of Borrower con-
<br /> t:
<br /> teined in this Mortgage ; (c) Borrower pays alI reasonablc ex��enses incurred by Lender in enforcing the covenants
<br />< � and s�eemente of Borrower contained in this \-Iort�nfic :md in enforcin� 7,endcr'� remedics ns �irovided in para-
<br /> 1 grsph ' 18 hereof, inclvding, but not limited to, reasonable �ttornep'e fee; ; ;ind (dl Borrower takes such action as
<br /> Lender may reasonably require to asgure that the lien of this \Iortgage, Lender's interest in the Property and
<br />;�� Borrower's obligation to pay the sums secured by this \Iortgage shnll continuc unimpaired. Upon such payment '
<br /> ae� and cure,by Borrower, this Mortgage and the obligations recured 1�ereUy shall remain in full force and effect as if >
<br />;.: no`scceleration hsd occurred. "'"`
<br />`� + 20. 'Aasigs�meat o[ R�ab; Appointinent of Receiver; Lendez in Posseseion. As udditional security here- '
<br />�,> vnder, Borrower hereby sasigns to Lender the rents of the Property, pro��ided thttt Borro�cer shall , prior to ucceler- I
<br /> ' ation under paragraph 18 'hereof or abandonment of the Property, ho�•c thc right to collect nnd retain such rents
<br />,�� aq;tiiey>beoome due;and payable: ; '
<br /> rr, , . : p B�P r pe Y. Person, bp agent
<br /> ky, Upom;sccelexataon under ara h 18' hereof. ar sbandonment of the Yro rt Lender, in
<br />� ^a o=;by �udioislly appoiated i�eceiver shalibe entitled to enter; upon, take possession oF und manage the Yroperty
<br />;�,r� and ta_collect the rents .of,,the Property, including thoae pasb due. All rents collected hy I.ender or the receiver
<br />, ,, shs31 be applieti first ,to payment of the eosts of. management of the Praperty and colleotion of rent_., including, Lut
<br />;.,3 not limited to, receiver's fees, premiums on receiver's bonda and reasonaUle attorney's fees. nnd then to the sums
<br /> + secured by this Mortgage: Lender and the receiver s1ia11 be lidble to account onl}� for those rents nctunlly receiced.
<br />�° :2
<br /> �
<br /> k. . . ...... . ... . . . . �..._ . .. . ,,..__ ....,.., - .. ,,.,..:.._.. , ., . . .,._. . ...::_�.,-. . .. , . . . . , -.. �
<br />
|