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no"~ +:.r.tend ur i r ~r}oanr;,'~ ti:v tit!~se rf.l~t•r r!di ~r~9s+ rtsa.ie;: ,.!.? wC:vsv-fur s'^G+'~tecra¢ .c~, s~:r_ ii t,i'ii,iari?ara 6 ar!rirj .~ caeu~•eoi taw <br />e.^~11E:?~',ic tl"~!? ~6z€i*.s E7; r,t L2 .w71~9r.`l~Y i6;;+!~t~.lil3tl'l~a~tt,'S, <br />..,, •. <br />Id. Sorrasver Not Ftelasased. Y,xct,tsiatr, ut •ne tae'tve rays .,;x~r:,_.ek vs ills.".n., v-, .~u.,._.~,. ~°f tl;v =ou•~~,«« <br />"~B < aWlu~ * rata t v?/ <br />sccu;e-d is}' ihts 3fartgage grar,FeU lt:' I,e;e -.... _ssor .•....-._._...... ;}rrr~,.}~af ..>iu. else.,..- ~ Fe.ee~..a, <br />in any manner, tree liaiaiiit~ of the ariginal'Barrower ancttiorrr,:},Y':~i„ccessor.-= ir, in2ezest. Lende.* shall not be <br />requirai tr. cam. ent;e sraccedings against sorb sucee<snr or refuse to extenaf time for payment ar atuerrs•ise modify <br />amartizatian of the sums secures( b}• tL•is llartgage h- reason of ens demand .rode its the original ISOrrawer and <br />Borrower's successors fn interest. <br />l t. ,~'arbeazmxce by Lauder Not a Waiver. Any fori;esrance b}- lender i?t exercising ant: right or remeu'y <br />hereunder, or atheru-ise afforded b:• applicable law. sY:all not he a waiaer of or preclude ti,e exercise of any right <br />or remedy hereunder. Ti?e proeuretre??t of insurance ar the l;ayn,ent of taxes ar other liens or charges 6}- lender <br />shall not be a waiver of Lender s right to accelera*.e the maturity of fire iudeuteurtess Sc-ur2d by this .`.'.a;^g~se. <br />12. Femedies Cumulative. All remedies provided ir. t!;isliortgage are distinct and cumulative to any other <br />right ar remedy under this Mortgage or af*ordcrt by is}t or cr;uin•. anvi mar bc• exercised concurrently. independ- <br />i7Q entry or =uceessiveiv- <br />13. Successors mid Assigns Bound; loiat and Several Liability; Captions. The covenants and agreements <br />j~. herein contained shall hind, and the rights hereunder shall inure to, the respetiivc successors and assigns of Lender <br />~?+ ~ and Borrower, subject to the provisions of paragr:cpit 17 hereof. ~ Il covenants and agreements of Borrower shall <br />` be joint and several. The captions and !reading: of the paragraphs of tl?is Mortgage are tar convenience only and <br />~ are not to be used to internrei or define tl?e provision. hereo?. <br />I4. Notice. any native to Borrower provided for in this Mortgage shall he given ty mailing such native by <br />~ certified mail ufldressed to Borratter at dre Proptrt} address stated helo}v, except for any notice required tinder <br />~ paragraph 18 hereof to be given to Bota•occer in the manner prescribed i,y applicable Iaw. An,: notice provided <br />for in this ~lortaa>;e shalt he deemed to have been given to Borrower }}-hen given in the manner designated herein. <br />15. Uniform Mortgage; Goverziing Lew; Severability. This toner of mortgage combines unifortn covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a urifornt secu- <br />rity instrument covering real property. This \lortgage shat! be governed by the la};• of the jurisdiction it, },bleb <br />the Property is located. In the event that any provision or clause of ibis Mortgage ar the ;/Tote conflicts =-ith <br />applicable law, such conflict shall not affect other provisions of this Mortgage ar the dote which can be g?~.en <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the ?Vote are declared <br />_>___ <br />W UC JtlvCl ble. <br />36. Bc-aower's Copy. Borrower shall i3e furnished a conformed copy of this tilortgage at the time of execu- <br />tion or after recordation hereof. <br />17. firer of the Ftroperty; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred i>y Borrower without Lender's prior written consent, excluding (a7 the creation of a lien or encum- <br />brance subordinate to this yortgage, tbt the creation of a purchase money security interest for household appli- <br />ances, {ej a transfer by device, descent or by operation of late upon. the death of a joint tenant or id) the grant of <br />any leasehold interest of three years or less not containing an option to purchase, bender may, at Lender's option, <br />declare all the sums secured by this Mortgage to he imutediatel}• due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and tits person to whom rite Prul>erfy is fa be said ar <br />'transferred reach agreement in writing first the credit of such person is satisfactory to Lender and that the interest <br />payable on the stuns secured by ibis Mortgage shall i)e at such rate as Lender shall request. If bender has :valved <br />the option to accelerate provided in this paragraph 1 i and it 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 Noie. <br />If Lender exercises such option to accelerate, Lender shall ntsii Borrower notice of a~eeleration in accordanea <br />with paragraph 14 hereof. Such notice shall provide s period ai net less than 30 daps from the date the noiiee is <br />mailed within :vhich Harrower may pa}• cite sums declared due. Ii Borrower fails to pay such sums prior to the <br />expiration of sus,`, ,s riati, Lender may. ;=itltout fut•ther noticz ar demand an $'arra••er. invade any remedies p°..=- <br />triitted 6v oases rauh i°o hereof. <br />- _ _ I__~ _~ c_tt. <br />.. ~..:-~.:.. .•...~. ......._:.... __. S??)I ro•{°••,• :i??(1 Tat=i?t.±'r ~'t!i-`t=_trt Cnl•?rtnFat~ ntl3 ~~r.?~• nti x~+.a+3 zv ~; <br />ig. Acceleration; Ifemedies. F~.tept as provided in paragrtytit I7 hereof. upon Borrower's hr.^ach of any <br />covenant or agreement of Ban•oaer in this Mortgage. including the eovenanc ?o pay when due any sums secured <br />by this Mortgage, Leerier prior to acceleration shall mail notice to Borro}cer as provided in paragraph 14 hereof <br />specifying: flj the breath: 12) the action required to cure such i)reaeh; 131 a date, not less than thirt}° days <br />from the date the notice i> mailed to Barrower•, h} which sut•h breach roust be cured; and t4i that failure to cure <br />such breach an or before the date specified in d:e notice may result in acceleration of the sums secured by this <br />~foztgage and sale of the Froperty. Sf the breach is not cured on or before the date specified in the notice, Lender <br />at Lender's option Wray declare all of the stuns_ecured by this Mortgage to ire immediately due and payable <br />without further demand and may foreclose this ti4artgage by judicial proceeding. Lender shall i>e entitled io collect <br />in such proceeding sl! expenses of foreclostu•a, including, but not limited to. posts of document~r}• evidence, <br />abstracts and title reports. <br />19. Borrowc+r's Right to Reiasiate. Notwithstanding Lender's act•e!eration of the sums secured icy this <br />'4Io*tgage, Borrower shall have the right to have any proceedings begun by Cantles to enforce this lfartgage dis- <br />continued at atty tune prior to entry of a judgment cniokcirg this Mortgage if: tai Borrower pays Lender all <br />sums which would be then due under this 1ortgage, the Note and notes securing Future Advances, if any, had na <br />acceleration occurzed; (bt Borrower cures all breaches of any :.flier covenants or agreements of Borrower con- <br />tsi;,,ed in this zfo~g--age; ici Bor:~wer pays sli reasonabit• expenses incurred I:}• I.erder in ec:foreing the :~venants <br />and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in para- <br />graph 1S hereof, including, but. not limited to, reasonable attorney's fees: and ?dl Borrower takes such action as <br />Lender may reasonably require to assure that the Lien of this Mortgage, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured t)y this ~Iorigage shall continue unimpaired. Upon such payment <br />and cure by Borrower, this'_13ortgage and the obligations secured hereby shall remain in full force and effect as if <br />no acceieratiaxt had occurred. <br />2ti. Aaeigauwnt of Rsals; Appo~tmen4 a! Aecoiver: Lender in Possession. As additional security here- <br />ttnder, Borxaorer hereby assigns iii Lender the rents of the Property. provided that Borrower shall, prior to seceler- <br />ation under paragraph IS hereof or abandonment of the Property, have the right ko collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph I$ hereof or abandonment of the Property. Lender, in I)erson, by agent <br />or by judicially appo-in+udrecetver shall F,€ entitled to enter upon. take possession of and ruanage the Property <br />sad t~ calleei the rents of the Properly; including Those past due. Ali rents collected h}• Lender ar the receiver <br />shall b;? applied fist: to paytaeet of the its of snanagemenL of the Properly and colleetian of rents, including, but <br />not limited to, receiver`s fees. premiums on receiver's bonds and reasonable attornet• s ice=. and then io the sums <br />secured by thip Mortgage. Lender and the receiver ehal3 be liable to account only for those rents artttaily received- <br />