w � � ' '
<br /> . ---' '�"",1
<br /> not extend or postpone the due dstc of thc �nontSily insiniltnen[s referred to in parngraphs 1 and 2 hereof or
<br /> change the amount of such instailments:
<br /> i 20. Borrower Not Released. �xtension of the time for pnyment or rnodification of amortization of the sums
<br /> jsecured by this Mortgage granted �y Lender to any successor in interest of Borro�ver shall not .operate to release, +
<br /> ( in uny manner, the liability of the originssl Borrow•er and Borrowcr:s successor� in interest. Lender shall not be , : ,`
<br /> reyuired to commence proceedings against sucli successor or refuse to extend time for payment or othernise modify
<br /> ; , aanortization of:the,sums secured by tl�is \Iortgage by reason of any demand made by the originsl Borrower and '
<br /> ! Borrower� successors in interest. t'.
<br /> ' � , f .
<br /> Y1:' Forbe�aace by Lender Not a Waiver. Any forbeurance by Lender in exercising any right or remedy
<br /> � � p hereunder, or otherwise afforded by applicable law , shall not be a waiver of or preclude the exercise of any right
<br /> < •�� �j or remedy hereunder. The procurement of insurance m• the pnyment ot taxes or other ]iens or charges by Lender
<br /> �j shall not be a wsiver of Lender's right to accelerate the muturity of the indebtedness secured Uy this Mortgage.
<br /> , `� �j I2: Remedies CumulaGve. Alt remedies provided in tl�is l7artgage are distinct and cumulative to any other
<br /> ` � p right or remedy under this JIortgage or afforde�i by la«• w• cryuicy, and may bc excrcised concurrently, independ-
<br /> � p eatTy or successively: 4
<br /> t + 13. Sueeeasors cmd Assigns Bouad; Joint �d Several LiabiGty: Captions. The covenants and agreemente �
<br /> � � herein contained shal( bind , and the rights i�ereunder shall inure to, thc respectivc successors nnd assigns of Lender
<br /> � and Borrower, subject to the provisions of paragranlo ! 7 hereof. A!1 covenants and sgreements of Borrower shali �
<br /> -� be joint and several. The csptions and hcudings of the paragraphc of this \Iortgagc are for convenience only and `
<br /> sre not to be used to interpret or define thc provisions I�ereof.
<br /> j 14. Notice. Any notice to Borro«•er provided for in thi� \lortgagc shall bc given by mailing such notice by '
<br /> � certified mail sddressed to Borrower at the Yropert�� Aiidre�� .tnted belo�r, except for uny notice reguired under
<br /> ' � paragraph 18 hereof to bc given {o Borrou•er in the manncr prescribed hy �ipp�9cable la�s. Any notice provided � '
<br /> � for in this Viortgage ahali be deemed to havc been gi��en to Borro�vcr when given in the manner desi�nated herein.
<br /> IS Uttitorm Mortgage; Governiag I.aw; Severability. 'fhis Porm of �nortgage combines uniform covenante
<br /> for national use und non-uniform covenants �vitl� limited �•ariations by jurisdiction to constitute s uniform secu- `
<br /> � riLy instrument covering real property. This \Iortgagc shnll bc governed by the law of the jurisdiction in which
<br /> the Pmperty is located. In tl�e event that any provision or cluusc of tl�is �4ortgage or the Note conRicts with
<br /> applicable law, such conflict shall not ssffect other provisions of this \Iortgage or the Note whieh can be given
<br /> . � effect without the conRicting provision , and to this end the provisions of the \Zortgage and the Note are declared
<br /> � to be severable. % �
<br /> 16. Borrower's Copy. Borrower shall be furnislied a conformed copy of this �4ortgage at the time of execu- ' �`
<br /> � tion or after recordation hereof. r =
<br /> 17. Traasfer of the Property; Aasumptioa. If al! or any part of the Property or an interest therein is sold A { '
<br /> or transferred by Borrower without Lender's prior written consent., excluding (a ) the creation of n lien or encum- � '
<br /> ;. � brsnce aubordinate to this Viortg¢�e, ( b) the creation of n purchase mancy security interest for household appli- `;'
<br /> ; aaces, (c) a transfer by devise, descent or by operntion of la«• upon the death of n 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 be i�nmediately duc und payable. Lender shal! have waived such ` �
<br /> option to ,accelerate if, prior to tl�e sale or 'trnnsfer, Lender aiid tl�e person to �vhom the Property is to be soid or '� ?
<br /> transferred reach agreement in writing tl�st the credit of such person is sutisfactory to Lender and that the interest "`
<br /> payable on the sums secured by this VIortgage shall be at sucl� ratc us Lender shull request. If Lender has waived �
<br /> � the option to accelerate pmvi3ed in this paragraph 17 and if Borrower's successor in interest hss executed n writ-
<br /> tea sasvmption agreement accepted in �vriting by I,ender, Lender shall release Borrower from ull obligations under
<br /> � this Mortgage and the Note.
<br /> � If Lender exercises sucl� option to accelerate, Lender shnll �nail Borrower notice of ncceleration in accordance
<br /> �vith paragraph 14 hereof. Such noticc shall pro�•idc x period of not less thsn 30 days irom 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 /> expiration of such period, I,ender may, «�ithout furtlier notice or demnnct on B'orrower, invoke any remedies per-
<br /> �itted by paragraph 18 hereof. ' '
<br /> Nox-LTxisoxaz CovExwxxs. Borrower and Leuder furtLer covenunt and agree as follo�vsc �;
<br /> � 18. 'Accelezation; Remedies. Except sss pro�•icicd in � r.irngrapli 17 hereof, upon Borrowers breach of any
<br /> covenant or agreement of Borro«�er in this JtmKfingc , including tLc covenants to pay �vhen due nny sums secured
<br /> by this �iortgage, Lencier ��rior to accelersstion sliall nwil noticc to Borrowcr as ��ro�•ided in paragraph 14 hereof
<br /> { speciFying: ( 1 ) the breach ; (2) the action rcquired to cin•e �uch brcach ; f3 ) a datc, not less tlian thirty days ' " '
<br /> � f�om the date the notice is mniled to I3orro��•er, by ��•hich eucli brencl� n�ust be cured ; and f41 that failure to cure
<br /> xuch breach on or before tl�e date specified in the noticc muy result in ncceleration of the sums secured by this
<br /> Mortgage and sale of the Property. If the 6rench is not cured on or beforc thc datc specified in the notice, Lender
<br /> at Lender's option msy declare nll ot the sums secured Uy tlii� �Iortgagc to be immediately due and payable
<br /> wit2�out further demand snd may foreclose tl�is �4ort.gagc by judicial proceeding. Lender shall be entitled to collect
<br /> � . in such proceeding all expenses of foreclosurc, including, but not limited to, costs of documentory evidence,
<br /> abstracte and title reports.
<br /> � 19_ Borrower's Right to Rainslete. i\'otwithstanding Lender's accelern[ion of the sums secured by this
<br /> Mortgage, Borrower shall have the right to have any proceedings hegun by 7,ender to enforce this �fortgage dis-
<br /> continued at any time prior to entry of a judgment enfo)rcing this �4ortgage if : ( al Borrow•er pays Lender sll
<br /> � sums whioh would be then due under this Dlortgagc, the Note nnd notes securing Futurc Advancea, if uny, had no
<br /> acceleration occurred ; (b) Borrower cures all breacl�es of any other covenantc or agreemente of Borrower con-
<br /> tained in this Mortgage; (c) Borrower pays all reasonublc ex��enee� incurrecl by I.endcr in cnforcing the co�•enants
<br /> and sgreements of Borrower contained in this yIort�age nnd in enforcin� Lendcr g remedies as provided in pars-
<br /> graph 18 hereof, including, but not Iimited to, masonaUle sttorney'e (ee� ; and i d 1 Borrower tnkes such action as
<br /> P.ender` may reasonably require to aseure that the lien of this �lortgage, Lender'c interest in the Property snd .:! = '
<br /> Borrower'e obligation to pay the aums secured b this Viort a e shall continue unim sired. U on such • '
<br /> Y K � P }� payment — ,
<br /> end cure 6y:Borrower, this Mortgage and the obligations secured lierebp shaIl remain in (ull force and effect as if � � � ',
<br /> no acoeleration had occurred. ' � �, ._:� ,�
<br /> { ' 20• Aseia>nmeaE oI Ro�: Appo'antmeat of Rsceiver, Leadar in Possessioa. As additional security here- y„' � , .;
<br /> ' , under, Borrower hereby saeigas to Lender the' rents of the Property. pi•o�•ideil that Bono�s er shall, prior to ucceler- 1,',� , ,.;
<br /> ^ � atioa dnder paiagraph IS hereo£ or s6andonment of the Property, hnve tl�c right to collect and retain such rents ��> ' �
<br /> as they bccom@ due. and pays6le. ' , �` �+i�� `
<br /> IIpon scaeleration under psragrap[i 1S hereof or stiandonment of the Yroperty. Lender, in person, by agent `�''"` ' "`"�
<br /> or by judicially appointed receiver shap be entittecl to enter: �pon, take possession of and mnnsRe thc Property
<br /> and;fA colleot tl�e reqte of the Property, inciudin�_;those pas� due. .All rents collectecl bv Lender or the receiver
<br /> aha1L be spplied fireti to payment of the caate.oE.maaagement of. the Property and collection of rents, includinR, but
<br /> � not iimited, to, receiver'e feea, premiums on rcceiver's bondQ nnd reasonable sttorney 's lees, and then to the sums �
<br /> aeeured by thia Mortgage. T.ender and the recei�•cr shn1l be liable to account only for tLos� rrnt, xctuz311p received .
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