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<br /> not extend or .postpone the due date of thc tnonthly� instnlhnents referred to in paragraphs 1 and 2 hereof or
<br /> ehange the amount of sach installments.
<br /> � 10: Borrower No! Released. �xtension of the time fm• pa,yment or modification of amortizatian of the sums
<br /> jsecured hy this Vlortgage grunted by I.ender to any successor in interest of Borrower shall not operate to release,
<br /> in any mnnner, the liability of the original Borrotver and Borro��•er's successors in interest. Lender shall not be �
<br /> required to commence .proceedings aguinst sucli successor or refuse to extend time for payment or othernise modify ' �`
<br /> amortization of the suius secured by this \iortgage by reasou of anv demnnd made by tUe original Borrower and ` a
<br /> ' � Borrower's successors in interest.
<br /> � � II: Forbearanee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br /> ; , :
<br /> hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exerciae of any right
<br /> : � or remedy hereunder. The procurement of insurance or the puyment of taxes or other liens or charges by Lender
<br /> 9 ehall not be a waiver of Lender'ssight to accelerate the maturity of the indebtedness. secured by this Mortgage. '
<br /> = � � 12: Remedies Cumulative_ All remedies provided in this \-fortgage are distinct and cumulative to any other ;
<br /> ; � right or remedy under this liortgage or affordct{ hy lnw• or eryuity, an3 mu�• bc exercised concurrently, independ- �:
<br /> ently or snccessively.
<br /> f � 13. Successors tmd Assigas Bouad; Jaiat �d Several Liability: Captions. The co�•enants and agreements
<br /> b herein contained shall bind, And tlie rights hereunder shall im�re to, thc respectivc successors nnd assigns of Lender �
<br /> iand Borrower, subject to the provisions oi puragrap3i 17 hereof. r1ll co�•enan[s an�i agrecments of Borrower shsll
<br /> ; be joint and several. The captions and l�eadings of tbe pnr�gra+�hs of this �Jorfgxge are for com•enienee only and ;
<br /> = are not to be used to interpret or define tt�e provisions Lereof.
<br /> � ; ,j 14. Notiee. Any notice to Borrower pro�•ided for in tlii� \tortguge .hall bc gi�•en by inniling such notiee by
<br /> n certified mail xddressed to Borro�cer at the Property address st:ited belo��- , except tor any notice required under
<br /> } paragraph 18 hereof to be given to Boero�cer in the uiunner prescribed b�• applicnble law. Anv nokice provided � i'
<br /> 4 for in this vIortgage shall be deemed to I�a�r been �;i�•en to Borroticer �ehen gi�•en in tLe manner designated herein. �
<br /> ? 15. IIuiform Mortgage; Governing Law: Severability. 'I'his for�n o[ ruortgage combines uniform eovenants
<br /> { for national use and non-uniforni covenants with limited �•ariations by jurisdiction to conatitute a uniform aecu- ; ++t
<br /> � rity inetmment covering real property. This \Iortgage shall be governed by the la«• of the jurisdiction in which 'r
<br /> ? the Property is located. In the event that any provision or clausc of this il4ortgnge or the Note confticts with
<br /> : applicable law, such con8ict shsll not ssffect other pro�•isions of this \Iortgage or the Note �vhich can be given E `.
<br /> � etfect without the con8icting provision , und to this end thc provisions of the Jlortgage and the Note are declared ' �
<br /> � ; to be severabie. � � ` �
<br /> 9 16. Borrower's Copy. Borrower shull be furnished a conforn�ed copy of this �lortgage at the time of execu- � ;
<br /> � tion or after recordation hereof. h � � } :
<br /> � 17. Traasfer of the Property; Assumption. It all or any psrt of the Property or an interest therein is sold � ' � � t y �„�v
<br /> or transferred by Borrower �vithout Lender s prior �vritten consent, excluding (n) the creation of a lien or encum- F �.� ^�;
<br /> brance snbordinute to this �fortgage, ( U) tlic creation of a purchxse money security interest for household appli- � � 3 ;�
<br /> `_, ances, (c) a transfex by devise, descent or Uy operation of la«• upon the deutl� of a joint tenant or (d) the, grant of i � � "�"
<br /> f , „ a z"1„;
<br /> any leasehold interest of tliree yesrs or ]ess not containing an option to purchase, Lender may_ at Lender's option, } K-
<br /> 's declare all the sums secured by t8is Vlortgage to be immediatcly due and payable. Lender shall have waived auch ;.: ,� � �,"+:
<br /> ' option W accelerate if, prior to the sale or trflnsfer, Lender and tLc person to whom the Property is to be sold or s "' " � �t:`
<br /> p transferred reacl� agreement in �vriting that the credit of sucl� person is satisfactor}• to Lender and that the interest i . � 4 'e
<br /> � payable on the sums secured by this �Iortgage shall be at sucL rate as Lender shall request. If Lender has waived k ' � �+ �f�
<br /> ' ' # the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed n writ- i
<br /> � ten assumption agreement accepted in �vriting Uy Lender, Lender shall release Borrower from all obli�ations under �
<br /> ; = thia Mortgage and the Note.
<br /> � If Lender exercisea such option to uccelerate, Lender shall enail Borrower notice of acceleration in accordance
<br /> : ; with paragraph 14 hereof. Such notice shall provide a period ot not less tlian 30 days from the date the notice is ;
<br /> ; mailed within which Borrower may pay the sums deelared duc. If Borrower fails to psy such sums prior to the
<br /> ' expiration of such period, Lender may, witliout funher notice or demnnd on B'orrower, invoke any remedies per- '
<br /> , ,:� mitted by paragraph 18 hereoL ` �
<br /> � 1�'ox-LTxisoaM CovExe^Ts. Borrower and Lendei• i'urt.lier co��eiiunt and a�ree as follo�vs : _
<br /> ' 18. Aeceleration; Remediea. ExcePt us procided in purngr:i��h 17 liereof, upon Borron•er's breach of any
<br /> i covensnt oragreement of Borro«•er in t6is �iort�n�c, inclucling tLc covenunts to pay ��-hen duc any smns secumd
<br /> ;� by this �'tortgage, Lender luior to aeceleration ;l�ull �uail noticc to Borro�cer as � �ro�•idcd in rarngrapi� 14 hereof
<br /> , , b apecifying: ( 1 ) the bceach ; (2 ) the action requircri to cw•c such brcacli ; 13 ) n dutc, not less tl�an thirty days
<br /> { from the date thc noticc is �nuiled to ]3orro�ccr, b}• ��•I�ic6 sucl � brcacli u�ust be cumd ; �nd (4 ) that failurc to cure
<br /> such breach on or before tl�e date specified in tLe notice mxy result in acceleration of tl�c smns secured by this
<br /> . � Mortgage and sale of the Property. If the Ureach is not cured on or beforc U�e date specified in tl�e notice, Lender
<br /> '� at Lender's option may declare all of the sums secured liy this \tortgage to he immeciiateiy due and payable
<br /> `. without further demand and may foreclose this �4ortgnge by judicinl proceeding. Lender sl�all be entitled to coliect
<br /> £ in such proceeding all expenses of foreclosurc, including, hut not limited to, costs of docuuientury evidence, ' '
<br /> $ abstracts and title reports.
<br /> # I9. Bonowois Right to Heinstate. i1`otwithstanding Lender's acceleration of the sumc secured by this
<br /> Mortgage, Borrower shall have the right to ha��e any proceeding. begun by I.ender to enforcc thi� �Rortgage dis-
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<br /> f continued at any. time prior to entry of a judgment enfoTcing this �Iortgage if : (al Borro«•er pays Lender sll
<br /> ' , z sums which would be then due under this �Iortgagc, t2�c Note and notes securing Future Ad�•ances, if any, had no
<br /> � acceleration occurred ; (b) Borrower cures nll breaches of am• other coventtnts or agreements of Bonower con-
<br /> tained in thia Mortgage ; (c) Bonower pays all reasonaUle expenses incurred by Lender Sn enforcing the covenanta
<br /> - and agreemeats of Bonoa�er contained in this \lortgagc and iu enforcinF Lcn<ter's remedics as �uovidecl in para-
<br /> ` � � graph 18 hereof, includingj but not limited to, reasonable attorney'� fee� : nnd Idl Borrowcr takes such setion as +
<br /> ,� . Lender;may resaonably require to Assure that the lien of this �fortgage, Lender's interest in the Property and „ ,
<br /> Borrosver'e obligation to pay the eums 'seeumd hy this �IortgaGr ehall continuc unimpuired. Upon such rayment ��. •: ' •'
<br /> w�`# and`cure by Borrower, this Mortgage and the obligations ,ecured hereb�• shall remsin in full force and effect as if ',
<br /> 3 � no aceeleastion had occuaed. � ,=:
<br /> �. 201. Aaaignmeat - of :Rsab: Appoin4neal of Reeeiver; Lender ia Posseseioa. As additional security here- 5;�'
<br /> '� under, Borrowechereby`sasigns to Lender the rents of the Propert3•, pro�•ideci that Borroa•er shall, prior to acceler- `,; '.
<br /> -ation under. paragtaph 1S hercof or aba�Sdonment oC• the Property, have the rigLt to collect and retain such rents .� . "
<br /> s*�a���� � ��asthey�,becrnne,dueaadpay�bl� � : ' � . - � � � �``ya
<br /> � ti IIpon�aeceteration under paragraph. l8 hereof or abandomnent of the Yroperty. Lender, in person, bv agent Y+? � ' ,� �
<br /> 3 or by��urlacislly appointed receiver ahsll Fie entitted ' to enter upon, take possecsion of and manage the Property a''"�- - °�!�
<br /> ° •�"� and to"c¢11ect";the reate of thfb,Pro{Serty� including` thoae Past due: Alf rents collectec9 by Lender or the receiver
<br /> F :,� ehail be spplied°firet topaymenb of.the costs of management of the Property snd collection of rents, including, but.
<br /> * �" ' not�limited to;`receiver's fees, premiutns on'seceiver's Uond� and reasonable attorney's fees. and then to the sums
<br /> � seeured by.this 14lortgage: Lender and the receiver sha11 he lisble to account only for thoee rents actunlly received.
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