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.3- 85., 004458
<br />to Lender's interest in the Property.
<br />!. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
<br />any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are
<br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security
<br />agreement with a lien which has priority over this Mortgage.
<br />11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of
<br />Borrower and all other parties who are or thereafter become secondarily liable shall not operate to release, in any
<br />manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to
<br />commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of
<br />the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in
<br />interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />11. Successors sad Assigns Bound; Joint sad Several Liability; Co- signers. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
<br />Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and
<br />several. Any Borrower who co -signs this Mortgage, but does not execute the Note, (a) is co- signing this Mortgage only to
<br />mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is
<br />? not personally liable on â–ºheNote or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder
<br />may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or
<br />the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
<br />Borrower's interest in the Property.
<br />12. Notice. Except for any notice required under applicable law to be given in another taattw, (a) any notice to
<br />Borrower provided for in this Mortgage shall be given by delivering it or by ntailing.agcft notice by certified mail
<br />addressed to Borrower at the Property Address or at such other address as Borrower may; designate bj'iiotice to Lender
<br />as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's addrswstated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Governing Low; Severability. The state and local laws of the jurisdiction in which the Property is located shall
<br />apply except where such laws conflict with Federal law; in which case, Federal law applies. In the event that any
<br />provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other
<br />provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the
<br />provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs ". "expenses" and
<br />"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage, if requested
<br />at the time of execution or after recordation hereof.
<br />13. RebabiBtation Loss Agreement. Borrower shall fulfill ail of Borrower's obligations under any home
<br />rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at
<br />Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment
<br />of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in
<br />connection with improvements made to the Property.
<br />16. Transfer of the Properly. If Borrower sells or transfers all or any part of the Property or an interest therein,
<br />excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise. Descent, or by
<br />operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less 'lot
<br />containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a
<br />transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower
<br />become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation
<br />agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner
<br />of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does
<br />not relste to a transfer of rights of occupancy in tite property, or (i) any other transfer or disposition described in
<br />regulations prescribed by the Federal Nome Loan Bank Board, Borrower shall cause to be submitted information
<br />required by Ltnder to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue
<br />to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing.
<br />If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be
<br />immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the
<br />date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay
<br />such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke
<br />any remedies permitted by paragraph 17 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Attelerelioa; ReMedfes. Except as provided is per 16 hereof, or as otherwise required by low. Ypoa
<br />Borrower's breach of say covenant or slimmest of Borrower 1a this Mortgage, lacludiag the coveasalt, to pay by the
<br />Sad 91 to ealeodor days offer they are due, any sums secured by this Mortgage. Leader prior to sccekrstion shall Rive
<br />notice l0 Borrower as prescribed by applicable law specifying: (1) The breach; (2) the action required to cure such breach;
<br />(3) a deed, not less than 29 days from eke dale The notice is msM to Borrower, by which Inch breach must be cared; and
<br />(4) that fadlure to cart such breath on or before the date specified In the solke may result in acceleration of the SUMS
<br />spewed by ibis Mortpge, foreckmfe by Judicial proceeding, and sale of the Property. The notice shall further Inform
<br />L of is ' I -it or any fight ike, defense after
<br />o�nloaacceisMiow sod foreclosurohlf the breach proceeding ured oa or bef0 the not
<br />date sWtiad is Ike notice, Leader, at Leader's option, May declare all of Ike sums secured by Ibis Mortgage to be
<br />hossa fofely das and payable without further demand and may foreclose Ibis Mortgage by judicial proceeding. Lender
<br />Shag be ONNI@d 19 collect Is Sock proceeding all expenses of foreclosure, Includiall, but not limited lo, reasonable
<br />atlorneys' fen, sod costs of documentary evidence, abstracts and title reports.
<br />1s. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due
<br />to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
<br />discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays lender all sums
<br />which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches
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