_ _ � " �
<br /> ! _ . .
<br /> not extend or poatpone the due date of the monthly installment� referred to in paragraphs 1 und 2 hereof or
<br /> ehange the amount of such installments.
<br /> 10. Borrower Not Released. ��ctension of tl�e timc for ��a,yment or modification o[ amortization of the aums
<br /> ; sectrred 'oy t�lus �Sortgage granted b� Lendcr to s^.y seicce��or in ir.tere�t of Rorron•er shall not operate to release,
<br /> , ; � in sny �nanner, the ' liability of tlie original Borrower nnd Borro�ver's successors in interest. I.ender shail not be
<br /> ; required to commence proceedings against such successor or refusc to extend time for payment or otherwise modify �_ ;
<br /> � amortization of the sums secured by this \fortgage by reasou of any demand made by the originnl Borrower and
<br /> °BorrowAr's auoceasors in interest: �' � s ,
<br /> ` 11: Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy ,.
<br /> ` .� hereundeF, or otherwise afforded by applicable ]n�v, shall not be a «•siver of or preclude the esercise of any right ��
<br /> � � or remedy hereunder. The procurement of insurance or the Payment of taxes or other liens or charges by Lender
<br /> ;;j �j shall noE be a waiver oi Lender's right to accelerate the maturity of the indebtedness secured Uy this Mortgsge. %
<br /> , -f � 12. Remedies Cumulative. All remedies provided in tl�is \lortgage nre distinct and cumulative to any other �- �
<br /> `! � right or remedy under this �Iortgage or nfforded hy la��• m• equity, and ma}• bc exercised concurrently, independ- `.:
<br /> f O ently or successively. f'
<br /> ; Q 13. Snccessors �d Asaigns Bouad: Joiat �d Several Liability; Captions. The covenants and agreements �'
<br /> herein contained shall bind , and the rights hereunder shall inure to, tl�e respectivc successors and assigns of Lender "
<br /> � � and Borrower, subject to the provisions of paragr.ipli 17 hereof. all covenants und agreetnents of Borrower shall %
<br /> OO be joint and several. The captions and headings of the paragrnphs of this \ [ortgage are for convenience only and %
<br /> -z �` are not to be used to interpret or define the provisions hereof. 5
<br /> ' � 14. Notice. Any notice to Borrower pro�•ided for in tliis \(ortguge sl�all be gi�-en by mniling such notice by
<br /> certified mail addressed to Borro�ver at the Pro��erty Addres� stated belo��• , except for any notice required under �' .
<br /> 3 paragraph 18 hereof to be given to Borro�ver in tl�c manner prescribed by ap�ilicnble law. Anv notice provided ;
<br /> ; for in this Viortgage shall be deemed to havc been given to Borro�ti•cr «�hen given in the manner designated herein.
<br /> . � 15. Uaiform Mortgage; Govamiag Law; Severability. This form of �nortgage combines uniform covenants � < i z
<br /> for national use and non-uniform covenants �vitl� ]imiteci variations by j urisdiction to constitute u uniform secu- ' '
<br /> � rity instrument covering real property. This �Iortgage shall bc governed by the law of the jurisdiction in which � :
<br /> , s the Property is located. In the event that any provision or clause of this �4ortgage or the Nate conHicts with
<br /> j app2icable ]aw, such conflict shall not uHect otlier provisions of this \lortgage or the Note which can be given '
<br /> ' � effect without the conflicting provision, and to this end thc provisions of the �fortgage and the Note are declared �
<br /> to be severable. ;' s � �
<br /> 16. Boaower's Copy. Borrower shall be furnished a conformed copy of this Alortgage at the time of execu- y; '
<br /> tion or after recordation hereof, f� ,2.
<br /> 17. Transfez of the Property; Assumptioa. If all or any part of the Property or an interest therein is sold � f �, S
<br /> � � or transferred by Borrower without Lender's prior �vritten consent, excluding (a) the creation of a lien or encum- i �� ,i'
<br /> , brance subordinste to this �Iortgage, ( b) the crention af a purchase money security interest for household appli- r �
<br /> Y� :.
<br /> sncea, (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 /> j any leseehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, � ' ' "�;�"
<br /> ideclare all the sums eecured by this Mortgage to be immediately due snd payable. Lender shall l�ave waived such , ;� �,:
<br /> � ¢ option to accelerate if, prior to tl�e sale or transfer, Lender and tlie person to whom the Property is to be aold or ; r '�,
<br /> transferred reach agreement in writing tliat the credit of such person is satisfactory to Lender and tliat the interest 2 „t�,
<br /> paysble on the sums secured by this Mortgage shall be at sucL rate as Lender shall request. If Lender has waived "` � ���^{��7
<br /> r '"x�r
<br /> the option to accelerate provi3ed in this pnragrapli 17 and if Borrower s successor in interest has executed a writ- � ,,,;�;�-
<br /> ` ten assumption agreement accepted in writing by I.ender, Lender shall release Borrower from all obligntiona under ''� ` '
<br /> thie Mortgage and the Note_ ;
<br /> If Lender exercises such option to accelerate, Lender shail �nail Borrower notice of acceleration in accordance :`
<br /> ,';� �vitli paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is
<br /> mailed within which Borrower may pay tlie sumc declared dtie. If Borrower fails to �ay such sums prior to the
<br /> expiration of such period, Lender inay, without furtl�er notice or �iemand on Borrocver, invoke any remedies per-
<br /> /� mitted by paragraph 18 hereof. r
<br /> FY �
<br /> . ' . NON-UNIFORM Covsx�.xTs. Borro�ser and Lender fui•tl�er covenant and agree as follo�vs : �
<br /> 18. Acceleration; Remedies. Eseept ae pro�•ided in parAgraph 17 hereof, upon Borrower's breach of any
<br /> covenant or agreement of Borrawer in tliis �fortgagc, including thc covenantc to pay wl�en duc any sums secured
<br /> by t�is Jtortgage, Lender prior to accelerution shall �uiiil noticc to Borrowcr as in•o�ided in paragrapl� 14 hereof
<br /> , .� specifying: ( 1 ) the breach ; (2) the netion required to ewr sucl� l�reach ; (3 ) a datc, not less thnn thirty days ' �
<br /> 3 from the date the noticc is mniled to I3orron-cr, by o•hich :ucl � brencl� iuust be cured ; and (4 ) that failw•c to cure ;
<br /> i such breach on or before the date specified in the noticc �nssy result in acceleration ot tlic sums secured by this , ', :e
<br /> ' � Mortgage and sale of the Property. If the breach is not cured on or befarc thc date specified in tl�e notice, Lender
<br /> at Lender's option may declare all of the swns secured by this vlortgage to be immediately due and �nyable
<br /> without further demand and may foreclose tl�is J�fortgage by ,judicial proceeding. Lender shall bc entitled to collect `,
<br /> in such proceeding all expenses of foreclosurq including, but not liinited to , costs of docmnentary evidence, ,,, � '`
<br /> abstracta and title reports.
<br /> 19. Soaowar a Right to Reinstate. �1'ota�ithstunding Lender's neceleration of the sumc secured by this
<br /> Mortgage, Borrowet shall have the right to have any proceeding; begun by Lender t.o enforce this vfortgage dis-
<br /> contmued at any time prior to entry of a judgment enfoTcin� this \iortgage if : (al Borro�rer pays Lender sll
<br /> sums which wouid be then due under this �tortgage, the �Tote nnd notes securing Future Advances, if any, had no ;�-
<br /> acce�eration occurred ; (b) Borrower cures all breaches of an}• other cocennnts or agreements of Borrower con- :'i
<br /> tsined in this Mortgage ; (c) Borrower pays all masonuble eapen=es incurred b�• I.ender in enforcing the covenants '
<br /> ",' � and agreements of Borrower contained in this VIort�a�e :�nd in enforcin� Lender� remedies as provided in pnra- '
<br /> , � grapi3 18 hereof, including, but not limited to, masonable attorney'� iee, : and id ) Borrower takes such action as t �
<br /> I.endar may reasonably require to assure that the lien of this \Iortgsge. Lender's interest in the Property and
<br /> ny� Bortower's obligation to pay the sums secured by thia �4ortgage shall continuc unimpaired. Upon such payment v .!
<br /> and eure b}• Borrower, this Mortgage and the obligations secured hereby shal] remain in full force and effect as if „,, ,�...,; �
<br /> � ao soceleration had occuaed.
<br /> � Z0. Aaaignmont of R�ats; Appointmentr of Reeeivez; Lender ia Posaessioa As additional security here- ,, r; � °�
<br /> ' under; Borrower hereliy sesigns to Lender the rents of the. Property. provided thaf Bonower shall , prior to scceler � �""`' � *'
<br /> '' ataoa under paragrsph 18 hereof or abandpnment of the Property, have thc right to collect and retain auch rents �" �
<br /> ae they become diie and payable. ' ; . �.� ti ,`
<br /> � - ; '�Jpon:aoceleration under psragrep� 18 hereof or;sUandonment of the Yroperty, Lender, in persan, by agent �`���
<br /> ,Yti� ` or b}�`Judioisily appointed - receiver shail , bc entitled :to enter' upon, take nosseesion of and msnage the Property " ,a,�� ;� �
<br /> � and_�, Cpl}8eti the renta of.the Property„including those past ,dae. All rents collected by Lender or the receiver ' _ ,
<br /> ' a ' ahall be spplied &rst to psyment of the costa of manugCment of the Property nnd collection of rnnts, including, bat
<br /> ,�•� not l�nited to, receiver's fees, premiums on ceceiver's bonda snd reasonable attorney's fecs. nnd then to the sums
<br /> :;{ seauned bq thia Mortgage. T.ender and tfie receiver sliall be liuble to account onlv for thoee ren�� actuatly received.
<br /> � � �n. Z �
<br />
|