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no!.+sftt;rsd or aa~atV;~panri~ the due! ~4i'a~tt;~ of t^.us urann¢Gt,i a. __-,.._,. - .~.i~r.e~l~ .o ur_ ~.e~~~arv~,: d anei 2 n~rreof or
<br />clta'ttgte rite ari.oaaraat of saaclt instatplrtte~ts. -
<br />li£E. Borxerer~err N'ot'Rslesaed~. I":xtlerlsr,err ttf rlrca~ tinike fo- a ,: t -•.,1'. m• tnvwiific~~at ~~n of aroori?!i~utatian of ti•~e sums
<br />secuttd by this ".Mortgage granted by Leander to any ::=uccehsa* in inaer,~t rdf Bar..*ot;•ar she-U nod; bperate to release,
<br />in any manner, the liabilifs• of tl;e original Borrowea- anti Boma=.+~~r's _ scr•eSSar3 in interest. Lender shall not be
<br />required to commence praeeeciings against s~_ich suceessar or rl=fasi to exec-n~i time for payment or otherwire modify
<br />amortization of the sums secured by thi, Mortgage !r}•_ reasata of any demand made h}• the original Borrower and
<br />Borrower's successors in interest.
<br />11. Forbearance by Lender Not a VSraiver. any forbearance by Lender in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable late. shall not he a waiver of or preclude the exercise of any right
<br />or remedy hereunder. The procurement of insurance or the payment of taxes or at;her liens or charges by Lender
<br />sbaIl not be a waiver of Lender`s right to accelerate lire maturit}• of the indebtedness secured by this h4ortgage.
<br />~! 12. Remedies Cumulative. All remedies provided in this \iortgage are distinct and cumulative to any other
<br />~: right or remed}• under this Zlortgage er affnrded 'ra}= laet r:. e._,uity, and may br exercised concurrently, independ-
<br />~.:. ertly or successively.
<br />13. Successors cad Assigns Bound; Ioint and Several Lrability; Captions. The cotenants and agreements
<br />,~ herein contained shat.! bind; and the rights hereunder shall inure to. the respective successors and assigns of Lender
<br />,~ and Borrower, subject to the provisions of paragraph 1 7 hereof. , li covenants and agreements of Borrower shall
<br />= be joint and several. The captions and headings of rile paragraphs of this Mortgage are for convenience only and
<br />~ are not to be used to interpret or define the provisions hereof.
<br />~ 14. Notice. Any notice to Borro+ver provided for in this Mortgage shall he green by t~taiting such notice by
<br />certified trail addressed to Borrower at the Property address stated belott•, except for any notice required under
<br />paragraph I8 hereof to be given to Borrower in the manner prescribed b}• applicable law. Any notice provided
<br />for in this Zlortgage shall he deemed to hate been given to Bon•ower when given in the manner designated herein.
<br />15. Uniform Martgage: Governing Law; Severability. 'I'hi, form of mortgage combines uniform covenants
<br />for national use and non-uniform covenants with limited t•ariations by jurisdiction to constitute a uniform secu-
<br />rity instrument covering real property. This Mortgage shall be governed by the late of the jurisdiction in which
<br />the Property is located. In the event. that any provision or clause of this _l4ortgage or the Note conflicts with
<br />applicable law, such conflict shall nat. affect other provisions of this Mortgage or the Note which can be given
<br />effect without the conflicting provision, and to this end the provisions of the liortgage and the Note are declared
<br />tQ be severable.
<br />16. Bonowei s Copy. Borrower shalt be furnished a conformed copy of this 1~Iortgage at the time of execu-
<br />tion or after recordation hereof.
<br />1T. Tranafez of the Property; Assumgtion. If all or any part of the Property or an interest thereir, is sold
<br />or transferred by Borrower withoui Lender's prior written consent, excluding (al the creation of a lien or encum-
<br />brance subordinate to this Mortgage, (bl the creation of a purchase money security interest for household appli-
<br />ances, {ej a transfer by devise, descent or by operation of law upon the death of a joint tenant or (dl the grant of
<br />any leasehold interest of three years or less not containing an option to purchase, Lender tray, at Lender's option,
<br />declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such
<br />option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or
<br />transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest
<br />payable on the sums secured by this Viort.gage shall be at such rate as bender shall request. If Lender has waived
<br />the option to accelerate provided in this paragraph 17 and it Borrower's successor in interest has executed a writ-
<br />ten assumption agreement accepted in writing by bender, Lender shall release Borrourer from all obligations under
<br />rhea Mortgage and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in aocordanee
<br />with paragraph 14 hereof. Such notice ehall provide a Aerial of not. less than 30 days from the date the notice is
<br />mailed within which Borrower may pay the Burns declared due. If Borrower tails to pay such sums prior to the
<br />expiration of such period, Lender may, without further notice m• demand on Borrower, intoke env remedies per-
<br />rrsitted Fly paragraph I8 hereof.
<br />Nor-I`xtFOxat ('ovsx,tr+TS. Borrower :end Lendr r further covenant and agrze as follmvs
<br />18. Acceleration; Remedies. Except as procirled in paragrgili 17 hereof, upon Borrower's breech of any
<br />covenant or agreement of Borrower in this _~Iortgage. including the covenants to pay when due any sums secured
<br />by this Mortgage, Lender prior to acceleration shall uaril notice to Borrower as prodded in pau•agraph 14 hereof
<br />specifying: (1) the breach: {21 the action required to cure such breach; t31 a date, not. less than thirty days
<br />fmm the date the notice i= mailed to t3vrrotcer. by tt~hicla such breael; untst 6c ew•ed; and i4) thut faihlrc to cure
<br />such breach an or before the date specified in the notice nay result in ucceleratian of the Bunts secured by this
<br />'.Mortgage and sale of the Property. If the breach is not cured or. or before the date specified in the notice, Lender
<br />at Lender's option ma}• declare all of the snms seew•ed by this Mortgage to be immediately due and payable
<br />without further demand and may foreclose dais 1lortgagc by judicial proceeding. Lender shall be entitled to collect
<br />in such proceeding all expenses of foreclosure, including, but not limited to, costs of documentary evidence,
<br />abstracts and title reports.
<br />18. Borrowers Right io Reinstate. tiotwithstanding Lender's acceleration of the. stuns securc~tl i>y this
<br />Mortgage, $orrower shall have the right to have any proceedings begun try bender to enforce this 3tortgsge dis-
<br />continued at any time prior to entry of a judgment enfol•cing this \lortgage if: tai Bon-ower pays Lender all
<br />sums which would be then due under this Mortgage, the 'Nate and notes securing Future Advances, if any, had no
<br />:=cceleratian accurreti; {b) Barrotver cures all trreachc-.s of any other c•ot•en.snis or agrcemontX of Borrower con-
<br />toured in this Martgage; (c) Borrower pays all reasonnblo expenses incurred b}= Linder in cnfarcing the covenants
<br />and agreements of Borrower contained in this ~lortgagc :m<i iu enforcing Lenclcr'v remedies as prodded in para-
<br />graph 18 hereof, including, but rat ]imited to, rensonsble attorneys fee:; and id) Borrower takes such action as
<br />Lender may reasorrabiy require to assure that the lien of this 1Iot4gage, bender's interest in the Property and
<br />Borratarer's obligation to pay the sums secured by this \Yortgage shat! continue unimpaired. L'pon such payment
<br />end-clue by Borrower, this Mortgage and-the obligations secured hereby shall remain in full force and effect as if
<br />no aa~lerstion had occurred.
<br />2®. }uaal~wat ~ : Appointment of Receiver, Lender in Pnsseasion. As additional security here-
<br />uiscler, Borrower hereby assigns to Lender the rents of the Property. provided That Borrower shall, prior to aeceter-
<br />aton under paragraph 18 hereof or abandanrtient et flu= Property, have fire right to collect Bud retain such rents
<br />as they bera€tzcte due and psysble.
<br />Upon ~ecelerstion under parsgrap$ t8 hereof or abandonment of the. Property, Lender, in person, by agent
<br />ar by ju$iciaily appointed receiver ehslt he antitded to enter trlwn, fake lrossessian of and menage the Pmpert}•
<br />ante to Cg1F~t the rents f!f t~ l~raperty, idct~ud#n:. tl: :~' l:a~t dii2. .'1ii Yrtif~ eatlFi•tCt~{ 1)t 1,en!l~?r clP t.taP rt~1-t•lta~l'
<br />shall be applied Rmt to payment a[ the cis of anaasgemrnt of the Propern• :uni cctllcrtiou of rerit~, iuchtdint;, inrt
<br />trot iHnited ta, receiver's tre>:, prcmiuanx an rrc•eivrz's lxrnrls and ac°asonabtc• .utornet'_~ il•es rrn~i [hen t<, file sauna
<br />seeuresl by ~~ Mort{~r. I,entter arul the remit°er =1ra1# Ix• listac~ ttt xt-t•cwrt or,lt for t bo~r~ e~.~a,t= aa•t:r:Sly r. ~ ei; r;?.
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