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;;~,~ -, ;~i~^e1y€f3n, ;tk;~ ~[9t~r, ilea„4r ~_,[ i.n~ rt.,p~ +I ,r t,i+iliolli spin".~ur i,t~. i~~~; ^,.i,~ 'iii ,aersuyraq,'~w III zirui. d II'~tt~lk;'R~a,;l tir~ <br />ci~eang¢> G;uy= arrs~o~~tuvt ¢~rf s°uasllu iras~h:tilnt~e~~•it~. <br />=(? ~_ ;.1,~ 9',~'Lo,.~, ~sahr;r..~~h,oi a~.ri i.lu~ r,irt~nue fru~ ~,~i~su~~r,ioetait ioa~ vmit~aiiC:o.atuK,rG ~~I trr.t~Yrtiu~=ur~trn;~~ni of ~t~he rv°atn~~ai <br />::crated ~~ ._tis Mortgage granted by l.e;.der to xn; ;,rr~-nor ,.. ,~.tCrs;, of Evrros~:: +. nut a;rcrate to release. <br />in any t;}anner, the Iiabiiit}• of the origins( IDorrc_aaerr and Barn3•.ver'- ncressvr< in inters=z. Lender sda?1 ;;ssi <br />required to commence proceedings against such suece=sat or reit:e is extend time for payment or rit!aerwi=A modify <br />amortization of the sunt< secured by ibis Zortgage tn• reasnt, of :ct;.• dema;td made by +.,e original Ba*rower and <br />Borrower's sucre~svrs in interest. <br />11. Forbearance by Lender Not a Waiver. buy forbearance l;y Lender in exerrycing an}• right. or remedc <br />hereunder, or otherwise afforded tn• applicable late. si:ali not rte a wai-.•er of ar 1>reclucie the exercise of any right <br />or remedy itereuncier. Tl:e procurement of insursnre or tl.e ;,a}-inert ai tax!~s or other liens or charees by Lender <br />shall ^ ' E," --- ~ L~ tr ,~uht iv acreierttte tine tt;atnr;t~: of the iindeb dr, c <br />..^.. < ~ :-s:-. ~. a; ~ ~ - ~ to ess se cared by tF;;s iortgage. <br />12. Heraedies Cumulative. ~ all remedies prvvide<l in this .Mortgage are distinct and cumulative to any other <br />right v. retrctiy under ti7i =,Io;~gage or affarcc~l it~~ ..,, n, +•,}car: ~. ant,' n;ur i,e exercised concurrently, independ- <br />ently ar sues ssiyeiy. <br />13. Successors and Assigns Bound: Joist and Several Liability; Captions. The covenants and agreements <br />herein canained shall bind, and fire rights hereunder ~ltail inure ta. rite respective snceescors and assigns of Lender <br />and Bart•oner, subject to the provisions of paragryth l; herrof..tll covenants and agreements of Borrower shall <br />F,e joint ;,nd several. The captions aryl headings of zitc paragraphs vi this Mortgage are for convenience only sad <br />are not to be used to interpret aT define the pravigian I;ereni. • <br />14. tYotice. any notice to Borroa-er provided for in this Aiortnage shall be given b}° mailing such notice by <br />~r-i;zed mail addressed to Borrower ac the Propert}• Address stated bc•loty. except for foray notice required under <br />•;arsgraph ]fi hereof to be given m Borrower ir, the tuauner l~u•cscribed br applicable lata~.:~ny native provided <br />for in this AIortgagc shall be deemed to have been given to Borirotver when given in rite manner designated herein. <br />I5. i.Iniform Mortgage; Governing Law; Seve:ability. 'Chic form of tortgage combines uniform covenants <br />far national use and non-uniform covenants with iimite*I variations by jurisdiction to constitute a uniform se~u- <br />rity inatruu;etrt covering tea! property. This `.:ortgage shalt be gor-erred b}• the law of the jurisdiction in whict; <br />the Property is rotated. in the event that an}- provision or clause of this ZIorfgsge or the Note conflicts with <br />applicable la:v, such conflict shall not affect other provisions of this 1lortgagc or the Note which can oe given <br />effect. without the canflictin, provisiaet. and to this end the provisions of the Mortgage and the ?Note are declared <br />eta be severable. ~. <br />19. aarrcva~=:`s ~p f. Barri,n•er shall he furnished a conformed cop}- of this Slnrtgage at the time of exeeu- <br />tiart ar after recaniativr. hereof. <br />I7, Transiez of the Pzaperty; Aasumptioa. If all ar any part of the Property or an interest 'therein is sold <br />or transferred by isorrower tcithout Lender's priar written eonsert. excluding raj the creation of a lien or enettra- <br />brance sut:.vrdinsir to this Mortgage, tlr, the creation ci a purchase money security interest for household appli- <br />ances, (et a transfer by devise, descent or by operation of loft upon the death of a joint tenani or (d1 the grant of <br />ary leasehold inters=t of three years or less.not captaining su option to purchase, Lender may. at Lender's option, <br />declare a!1 the sums secured by Phis ~4ortgage to be immediately clue a»d 2,ayab}e. Lender shah bai't' waived such <br />option tc a Aerate ii, prior to tine sale or transfer, Lender and the person to whom the Property is to be sold yr <br />transterred reach agreement in writing that the credit of such person is saiisfaetan• to Lender and that the interest <br />payable on the sums secured be this Mortgage shall be at such rate as bender shall request. If Lender has waived <br />the option to accelerate provided in ibis- paragraph I"i and i f Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted ih writing by Lender, Lender shall release Borrower from ail obligations tinder <br />this Mortgage and 'the Note. <br />If L~adar exerris~ such option to accelerate, Lender shall =nail Borrower notice of acceleration in accordance <br />with ;~ gr:~pl: I? here-^-f. such native alts]] provide a period of nat. less than 3G days tram the date the na€iee is <br />trailed within tehieh Borrower may pay the sums declared due. fi Borrower fails to pay such sums priar to the <br />axpfratior, of such period, Lender may, without further notice or demand on B'orrotver, invoke an_v retuediPS ner- <br />tnitied by paragraph l8 hereof. <br />_tiox-L~wtFOxat t'or•FxnrTS. Borrower and Lender further covenant triad u~t•ee a fallu::•~_ <br />1$. A~celeratiarr; Flemedies. E3cept z, prav~cle d ;n l~ ~ragrs!1?]t 17 hereof, up ar: Harrah€r'r b;~aei: cf env - <br />covenant or agreement of Harrower in this iortgage, irc(uciitig the covenants to pay when due any sums seeureci <br />by this Dortgage, Lender prier to acceleration shall mail notice to Borrower as ln•oyided in paragrap! 14 hereof <br />specitying: !1) the breach: t2) the actin; rcyuired to rare such breach: 131 a date, not less than thirty days <br />from the date the notice is mailed tv Borrower, h}• trhich such breach trust be cured; and i41 that failure to cure <br />such breach an or before the date specified in the notice may result in acceleration of the soots secured by this <br />ortgage and sa'.c of the Properi}•. If the breach is not cured or, or before the date specified in the notice, Lender <br />at Lender's option may declare afi of the stuns secured by this Mortgage to he immediately due and payable <br />without further demand anti tt:ay foreclose this Mortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceedigg all expenses of foreclosure, including, but not limited to, costs of dvetnueatarv evidence. <br />abstraet_c and title rep^r*s. <br />19. Borrowers Fright to Reinstate. \ohvithstanding Lender'. acceleration of the sutras secured b}• this <br />P~lortgage, Bor+•avrer shall have the right to have any proceedings begun try Lender to enforce this \iortgage dis- <br />continueti at any time prior to entry of a judgment enforcing this 4ortgage if: ta+ Borrower pays Lender aL <br />sums which would be then due under this Mortgage, the Note anti notes securing Future .3dr-anees, if any, had no <br />neseleration occurred; {b) $ormwer cures all breaches of any other covenants or agreements of Borrower car.- <br />tained in this Mortgage; (cl Borrower pays all reasonable expenses incurred ray Lender in enforcing the covenants <br />anti agreements of Borrower contained in this \Jortgage and in enforcing Lender's remedies as provided in pars- <br />graph Io hcreo#, including, but not limned to, reasonable attorney's fees: and td) Borrower takes such action ss <br />.Lender may reasonably require to assure that the lien of this \lorigage, Lender's interest in the Property and <br />$orrawer's obligation to pay the sutra secured by this lortgage shall continue unimpaired. Llpon such payment <br />and cure by Borrower, this l4ortgage and the obligations secured hereby shall remain in fail force and effect as if <br />no acceleration had occurred. <br />20. Asst of % AppocpLaept, of Receiver: Leader in possession. 3s additional security- here- <br />under, l3arrower Hereby cosigns to Lender the rents of the Property, provided that $orrou-er shall, firior to acceler- <br />orlon under paragraph 19 hereof or abandonment of the Property, have the riglrt to collect and retain such rants <br />as they become dzte and payable. <br />Ltpor. acceleration under paragraph IS hereof ar ahandcnment of the Property, Lender, in person, by ageni <br />ar by judicially appointed receiver shall he entitled fa enter upon, take possession of and manage the Property <br />and to collect the rents of the Froperty, including those nest due, all rents collected by I:encier or the receiver <br />shall be applied &rst to payment of the costs of management of the Property and collection of rent., including, but <br />nci limited to, receiver's lees; nreraitims on reeeivPr's bvnda and rea_~onahle attvrne - •.., . and Cher. to elm sum: <br />secured by this Llortgage. Lender and the receiver shat! he liable to account onh• for. those rents actuallc received. <br />