� . �
<br /> .,-...� .
<br /> not extend ar postpone tl�e due datc of [Lc montlily instalhnent� refermd to in parngraphs 1 and 2 hereof or
<br /> change the amount of such installments:
<br /> 10. Bortower Not Released. Extension of tl�e time for pa,yment or modi6cation of amortization of the aums
<br /> secvred by this vYortgage grunted by I.ender to anp successor in interest of Burrower ,l�atl not .operate to release, , ,
<br /> in sny manner, the liabitity of the original �orrower and Borro��-cr '. successors in interest. Lender shall not be
<br /> � required to commence procecdings against sucli auccessor or retuse to extend time for payment or otherwise madify 7
<br /> z amortization of the sums secured Uy this \tortgage by reasou ot anc demnnd made by the original Borrower and I
<br /> ( Borrower's succeasors in interest.
<br /> � +� 11. Farbearm�ce by I.ender Not a Wariver. Any forbearance by Lender in exercising any right or remedy
<br /> " C(7 hereunder, or otherwise affarded by applicable Inw, sha11 not be a �vaiver of or preclude the exercise of any right
<br /> i Cp or remedy hereunder. The procurement of insnrunce or the �iayment of taxes or other licns or charges by Lender
<br /> # ry shall not be u wuiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br /> , i
<br /> > Q 12r 8emedies Cumulative. All remedies provided in this \fortgu�c nre distinct and cumulative to any uther
<br /> ':, � right .or remedy under this \ [ortgage or afforded by la«• c�r equicy , and may bc exercised concurrently, independ-
<br /> entiy or successirely.
<br /> ' 13. Successors and Assigas Bound; Joint �d Severa! Liebility; Captions. The co�•ennnts and agreements
<br /> ; � herein contained ahall bind , and the ri�hts I�ereunder shtsll inurc to, thc respectivc successors and assigns of Lender
<br /> ' Iv nnd Borrower, subject to the procisians of ��ara�rapl� l7 hereof. All coven3nts und agreements of Borrower shall
<br /> ; be joint tcnd sever�l. The cxptions ancl t�eadings oF tfw pnrxgrnphc of ttii� tlortgnge arc for convenience onty and
<br /> ' ! are not to be used to interpret or define thc provisiuns l�ereof.
<br /> - j 14. Notiee. Any notice to Borro«•er procided for in tl�is �lortgage chall he gi�-en by mailing such notiee by
<br /> � certificd mail addressed to Borro«•er ai tl�c Yroperty :lddres �tated belo��• , except ior unti� notice reqaired under
<br /> '. psragraph 18 hereof to bc given to Borron-er in thc munner � �rescribed b�• :tpplicablc liicv. Ant• notice provided
<br /> ; i for in this \-fortgage shall be deemed to li��•c becn given to Bm•ro�cer «•lien qiven in the manner designated herein.
<br /> � I5. Uniform Mortgege; Governing Law; Severability. 'fhis form of inortga�e combines uniform covenants
<br /> ' l for nationul use and non-uniform covenants witl� limited �•ariationc by jurisdiction to constitute a uniform seeu-
<br /> ', rity instrument covering real property. Tliis \iortgagc shall br_ governed by the la�v of the jurisdiction in which
<br /> the Property is located. In the event that any provision or clnuse of tl�is �Iortgage or the Note conflicts witl�
<br /> ' upplicable law, such conflict shall not uffect otl�er provisions of this \Iortgagc m• the \Tote which can be given
<br /> f effect without the confticting provision, :ind to thie end tlie provisions of t.he �Iortgage and the Note are dcclareci ;,
<br /> ; to be severable.
<br /> '. i 16. $airower's Copy. Borrower shni2 be furnis6ed :1 canforined copy of this 1lortgage at the time of execu-
<br /> ' ? tion or after recordation l�ereof.
<br /> 17. Transfer of the Property; Assumption. It ull or any part of the Property or an interest therein is sold
<br /> or transferred by Borrower without Lender's prior written consent , ezcluding (a ) the creation of a lien or encum-
<br /> brance subordinate to this vlortgage, ( b ) the creation of a purchasc moncy security interest for household appli- r ,.
<br /> ances, (c) a transfer by devise, ctescent or by aPeration of la�c upon the denth of a joint tenant or (d ) the grant of
<br /> any lessehold interest of three yenrs or less not cuntaining an option to purv;hase, Lender mny, at Lender's option,
<br /> � declsre all the sums secured by this Mortgage to bc iminediutel}• duc anci pssyable. Lender shall have �vaived sueh
<br /> j option to accelerate if, prior to thc sale or trnnster, Lender iiud tl�c percan to �vhom the Property is to be sold or
<br /> � trsnstened reach agreement in writing that the credit of sucL person is satisfactorv to Lender and that the intereat '
<br /> ; } paysble on the sums secured by this �fort�age shnll be at such ratc as I.ender shall requeet. If Lender has waived
<br /> ti the option to accelerate provided in this paragrapl� li and if ]3orrower's successor in interest has executed a writ-
<br /> � ten sssumption sgreement accepted in writing by I.ender, I.ender shall release Borro�ver from all obligations under
<br /> � this Mortgage and the Note.
<br /> 3 If Lender exercises such option to accelerute, Lender shnll eusil Boi•rower notice ot acceleration in accordance
<br /> � with paragraph 14 hereof. Such notice shall pro�•idc a period of not less than 30 days from the date the notice is
<br /> { mailed withim which Borrower may pay tlie sums declared due. If Borro�vcr fuils to pay such sums prior to the
<br /> � ex�iration of such period, Lender may, without funher noticc or �leinand on Borrower, invoke any remedies per-
<br /> � mitted by paragraph 18 hereof.
<br /> ` NON-UD7IFORM COVENANTS. BOl'1'O\�'er and Lender furt.her covenant. and agree as follo�vs :
<br /> ; 18. Aceeleration; Remedies. Escept as I�ro�•ided in � �urngra��h 17 hereof, upon Borrower'. breuch of any
<br /> ,;� covenant or agreement of Borro«•er in thi� \Iortfiii�c, including tl�c covenants to pa,y «�l�en duc any sums secured
<br /> . � by this \Iortgage, Lender I�rior to accclerntion �liull �u:iii notice to I3orro�ver a� provided iii paragrapli 14 hereof
<br /> `� specifying : ( 1 ) the breach ; f.2 ) the lction requirert to cure �ucli brearh ; � 3 ) .� datc, not less tl�an thirty days
<br /> `,! from the date the notice is mailed to I3orro«'er. L�• «'hirl� :ucli hre:uh must be cw•ecl ; and (4 ) that failure to eure
<br /> , f such breach on or before tlic date specified in tLe noticc �nuy result in acceleration of tlie sums secured Uy this
<br /> `; biortgage und sale of the Property. If the breach is not cured on or before thc date specified in the notice, Lender
<br /> , � at Lender's option may declure all of the sums secured by this \fortguge to }�e immediatcly due and payaUle
<br /> , � without further demand and may foreclose this \lortgage by judiciul procceding. Lender shall hc entitled to collect
<br /> � in such proceeding all expenses of foreclosurc, including, birt not limited to, costs ot documentary evidence,
<br /> � ubstracta and title reports. •
<br /> `� 19. Boaoweis Right to Reinstate. Not�a�ithstanding I.ender's ncceleration of the sums secured by this
<br /> n � Mortgage, Borrower shall have the right to ha�•e any proceedinge hegun by 7_endcr to enforce this �iortgage dis-
<br /> continued at any time prior to entry o[ n judgment enfoxcing this 1lortgage if : la ) Borro�cer pays Lender all
<br /> sums which would be then due under this \Iortgage, thc \'ote an<I notes securing Future Advances, it any, had no
<br /> ' ! acce3eration occurred ; (b) Borrower curec nll breacLc� of �in}• ather eoccnant� or agrcements of Borrower con-
<br /> `�{ tained in thie Mortgage ; (c ) Borrower pays ali reasonablc e�penses incurred bp 1.ender in enforcing the covenants
<br /> and agreements of Borrotcer contained in this \lortga�;c and in enforcin� I.ender'. rcmedies as pro�•ided in para-
<br /> � grsph 18 hereof, including, but not limited to, rensonable attorney'� fee� ; :md Id ) I3orrower takes such netion as }
<br /> ,�: Lender may ressonably require to assure that the lien of this �tortgage, I.ender's intcrest in the Property and
<br /> Borrower's obligation to paythe sums secured by thi:� �lortgage �hall continu� unimpaired . i?ron �uch payment ',� ,
<br /> 'V� and cure by Borrower, this Mortgage snd the obligations secured herebr �ha11 remain in fuil force and effect as if " �- s
<br /> ; i no acceleration had occurred. n ': ;
<br /> 20. Anaigamont of Reata: Appointment of Receiver, Lender in Possessioa As additional security here-
<br /> '� under;Borrower hereby asaigns to Lender the rents of the Prapert}•. provided that Borro«•er shall , prior to ucce]er- � ,;, ,p�
<br /> atipn under psragraph 18 hereof or sbandonment of the Property, ha�c thc right to collcet nnd retuin such rents � ,;'
<br /> �� ss'ttiey become due and paysble. . ,� :, ,
<br /> Upon- acceleration under paragraph 18 hereof or abandonment of the Yroperty, I.ender, in person, by agent ' ' p; �
<br /> ';»{ or by judicislly appointed receiver shsll be entitled to enter upon, talce po.�e��ion of anci mnnage the Property "�` _ ' ' �
<br /> �; ' and to .collect the renta of the Property, includinR . those past due. Ali rents collected b�• Lcndcr or thc receiver
<br /> + ahali bespplied firet to payment of the coate of inanagement ot the Property and collection of rents, including, but
<br /> ;,� not limited. to, mceiver'e fees, premiums on receiver's bond� and reasonuble attorney's fecs. anci then to the sums
<br /> t aecured by this Mortgage: I.ender and the receiver ahall bc liable to account only for tho�e rents actunll� recei�•ed. �
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