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rk~ra~t eazsre:.l nt l,r~stl7ana; rhos ~~ium~ elahtt ,rf r,tnat tr~.a~i;;;g- ,r-r~,„it„InrLcnt~ti a-c4r~r„s€. o t }~~t'r:agraht€:x 1 anrh '2 h~~ere~a= ar <br />ehad~age tp~e arr3an.ot of ~such~ irastalflna4!~,*k~~ <br />1kS= J3+oziowex Newt `Beleaaed. 'I~`xtensian or he t'~frt~t^. f~c~r gs~»~•:a ca,e,i err ~#ttasiar4r,ai~~~it,+tm a€ a4mard,i~a'tior:, oi' Mite sums <br />secured by this 3lortgage granted try i.erder io any ~nc~ce~.-or iu interest o: Barrv-ver shall rat of,erai^ to rare :s~. <br />in any n=anrer, tl:e ;:»hikit'; of tits origins': Harrower and Barr>°,t-er's sunces-sor_= in int~r~,•t. I~rder ahsll not h<_ <br />required to eon-,menee proceedings against sutlt successor ar refuse to extend time for payment or otherwise modify <br />amartiLation c,2 il"ie sums secured bg• this Mortgage h~- reason of anti- demand made by the orginal Borrower ar-d <br />Borrower's successors ir, interest. <br />I I. Forbearance by Lender Not a Waiver. any forbearance by Le±:der in exercising any right or reme3y <br />~ys hereunder, or otherwise afforded by applicable law, shall not be a waiver of ar preclude the exercise of any right <br />.~ ar remedy hereunder. The procurement ai insurance or the payment of taxes or other liens or charges 6y Lender <br />r.~ shall n^, -be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this lortgage. <br />~,, I2= Remedies Cumulative. All remedies provided in this Jlortgage are distinct and cumulative to any other <br />right ar rt medy under this 'tortgage nr afforded by law or equity= and mar bt exercised concurrently. independ- <br />°'` enLly or successieely_ <br />~ 13. Suesessors and Assigns Sound; Ioint and Several Liability; Captions. The covenants and agreements <br />herein contained shall hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />~ and Borower, subject to the provisions of paragraph 17 hereof. _~ll covenant= and agreements of Borrower shall <br />p+ be joint and several. The captions and headings cf the paragraphs of this \{artgage are for convenience only and <br />are not w be used to incerpret or define the provisions hereof. <br />14. No+~ce. any native to Borrower nrovidcd for in this Mortgage shall be given by mailing such notice by <br />certified mail addressed to Borrower at the Property Address slated below. except far any notice required under <br />paragraph 1S hereof eo be given to Borrower in the manner prescribed by appiicatile law..~,ny notice provided <br />for in this _.Iorigage shall be deemed to have i~een given to Harrower wilco given in the utau!:er designated herein- <br />I5. 4Fnifnrm Mortgage; Governing Law; Sevezability. This form of mortgage combines uniform covenants <br />for national use <tnd non-ttriform covenants rvith limited variations try jurisdiction to constitute a uniform s_.ecu- <br />rity instruu?ent covering real properly. This Mortgage shall be governed by fire law of fire jurisdiction in which <br />the Property is located. In the event that any provision or clause of this _liortgage or the Note conflicts w^-=_= <br />appiieable law, such conflict shall not affect other ,:rovisions of this Mortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to hQ sevaia'._„~ <br />16. Sorrovrer's Copy, Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Proper:ty; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (a} the creation of a lien or en~um- <br />brance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appli- <br />ances, (cl a transfer by devise, descent or by operation of law upon the death of a 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 thisl~iort`,gage to be immediately due and payable Lender shall have waived such <br />option to scce}erate if, prior to the sate or transfer, Lender and the person to whom the Property is to be sold ar <br />transferred reseit agreement in writing that the credit of such person is satisfactory to Lender and That lire iniensi <br />payable as the sums secured by this \.Iortgage shall be at such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in -writing by Lender, Lender shall release Borrower from all obligations under <br />this Mortgage and the NOte. <br />if Lender exercises sucir option co accelerate, Lender shall mail Bm•rower notice of acceleration in accordance <br />c•it12 paragraph 14 hereof. Such notice sheik provide a period of not less Than 30 days from the dale the notice is <br />mailed within ivltich Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the <br />eupir»t?an of sur_.h period, L ender may, without further notice or demand on Borrower, invoke any remedies ner- <br />mrtted by aaragraph 13 hereof. <br />- L.^,P:' ?.'•s•2~^R;?2 (~^.6•gY ::='?'~• R^7'2`fe?gat- ,anti T antint• rati7282• npvpnant u22c1 ag'rae a8 fnlln4!'S: <br />Ig. i3€~ale.s,io;,; Rdnsedies. ;;xtcltt as praviticcl in l :u'agralrit i7 her$af, upat. Beeraw•ar's =:r~ru of ~n~• <br />covenant or agreement of Borrower in ibis Mortgage, including the covenants to pay when due any sums secured <br />key this .Mortgage, Lender prior to acceleration ahal] mail- notice to ~orrotrer :is ltrovidEYi in paragraph 14 hereof <br />specifying: (1} the breach: (2j the action required to cure sucli~breacli'~3}~qx date, not less than thirty da}•s <br />from the date the nut*:ce is mailed to Borrower. 4m which sut•h breach n2µst-becitrclk; and t41 that failure to cure <br />such breae,r on cr before the date specified in the notice Wray result in acceler»tion of the sums secured by this <br />Slortgage and sale of the Property. if the breach is not cured on or before the date specified in the notice, bender <br />at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable <br />without further demand and tnav foreclose this Mortgage by judicial proceeding. fender shall be entitled io collect <br />in such proceeding elk expenses of foreclosure, including. but not limited to, costs of docuux•ntarv evidence, <br />abstracts and title reports. <br />19. Bonoweis Right fo Reinstate. Notwithstanding Lenders acceleration of the awns secured i,y this <br />&fortgage, Borrower si2atl have the right to have any proceedings begun i>y Lender to enforce this Mortgage dis- <br />continued at any time prior io entry of a judgment enforcing this Mortgage if: tat Borrower pays Lender ati <br />sums which would be then due under this Siortgage, the ?vote and rotes securing Future Advances, if any, had no <br />acceleration occurred; (hi Borrower cures all breathe.. of any other covenants or agreements of Borrower con- <br />i .mod ~ tl~;t-'_.±~Io*tgage. !r! Barr•oeeer pays all reasonahlc expenses incurred by Lender in enfor-^_ing fife ci:~•enant_4 <br />-and. agt•~menta of Borrower contained in this ~fartgage and it: enforcing Lender's re:edies xs provided in pare= <br />graph I$hareof, including, but not limited tit, reasonable attorney's fees; and tdi Borrower takes such action as <br />~er3der may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and <br />~rrocver`s obligation to pay tits su2ns secured by this :t4ortgage shall continue unimpaired. lpon such payment <br />and cure by Borrower, this A7ortgage and the obkigations seetire8 hereb}• shell remain in folk force and effect as if <br />no acceleration had oecurmd. <br />Z!#. Asrgsmsont of Ae:rts; 2lpswiatmen# of Receiver, LEndez in Pc~eesion. As additionak security here- <br />•'under, Borrower hereby assigns to Lender the errors of the Pmperiy, provided that Borrower shall, prior to seceler- <br />ation under paragraph IS hereof or abandonment of the Property, have the right to cokkect and retain such rents <br />as they become due and payable. <br />i}pon aeceleratian under paragraph I8 hereof or abandonment of the Property, Lender. in person, by agent. <br />or by iudicially appointed receiver shall he entitled to enter ttpon, take possession of and manage the Property <br />auk-ty loll=nt tie rents of the Pr~rty, ire?,:ding those, , ast due. Akl rents taliec:•ed by Lender or the receiver <br />shall be applied first to payment of the casts of:management of tlye Property and collection of rents, including, trot <br />nay iimi°wd !:: - , s f zs, premiutr~ an rcceive.'s i;and£ and reasonable aitarney'sf2es. and then to the st:ms <br />sect2red by thisjLfortgage. Lender and the roc-elver shall tre liable fo account only for those mots actually received. <br />