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C`? <br />C3 <br />h <br />t~,c1s atraaenr~i via :,cr:,tpan,. *he tiiuc, ca,wt,m c~,f th~E _~ontnln ~r.; ..Ii~el -. =r".'tarred n~ i>~~, p ~ragrs.F`a. } aa~l 2' ~aere6i Crr <br />eNraxag~e t:hr> a~~anaurtr, of stai:lh instalis,rre*its <br />15J. H~om~a^swwoz 1~7ot Rel~ea~:d. "~atz~¢sio~n oY t},e fi'h7::f.~ f"or nan~nies~at ur ano~clifi:ratan of amort'iiali~7r: sf tae ~ ~* ns. <br />see~~ur~ed '~hyr ¢V~t~is ~3artgage granted !'~aa~r Lendex to arsg ;~tureessor in interest cd' Borrcu+x•er s}ua11 t,ot opcraie to re~~lee, <br />in ang rnanrter, the ]lability of the ariginaI Borrower and Bon•aiver'~ succes=ors in interest. bender shall not be <br />;equirerf to :,ommenee procc`:lings against such sucvessor ar refuse to extend tune far payment or of herwise modify <br />amortization of t..e sums secured by thz _lfor*_gage Icy reason of env demand made by the original Borrower and <br />Borrower's successors in interest. <br />I1. Forbearance by Lender Noi a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or other:°isp afforded oy applicable 1aty, shall not br a rc•ai'.•er of or preclule the exercise of any right <br />or reli ode i-:ereunder. The procurement of insurance or the payrnert of taxeti or oilier liens or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity OI the indebtedness secured by this 'Mortgage. <br />12. Remedies Cumulative. Ali remedies provided in this 1ortgage are distinct and cumulative to any other <br />right or remedy under this _lortgage or afforded be law or equit}•, and may be exercised caneurrentty, independ- <br />ently ar successively. <br />13. Successors and Assigns Round; Joint tmd Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure ia, the respecticr successors and assigns of Lender <br />and Borrower, st;biect. to the provisions of paragraph i7 hereof. A11 covenants and agreements of Borrower shall <br />be joint and several. The captions and heading; of the paragraphs of tl;is \[artgage are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />I$. Notice. Am• notice ra Borrower provide-d f .,, thin ~!artgage ~ha11 hr given tn• mailing such notice by <br />certified oral! addressed to Harrower at the Property Address stated 6clow. except for• any notice required under <br />paragraph 18 hereof to he given to Borrower in the manner prescribed hv_ applicable law. Any pollee ~roti-ided <br />for in this ~lartgage shall be deemed to have been given to Borrower when ricer, in the manner designated herein. <br />I5. ilxilfarm Mortgage; Governing Law; Severability. This tarm of mortgage combines uniform covena,?-~s <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform se:,•u- <br />rity instrwr.eat covering real property. This Mortgage shall 6e governed by t}re law of the jurisdiction in which <br />the Prepen}' is located. In the event that any provision or clause of this \forigsge or the Note conflicts with <br />applicable laic, such conflict shall not affect other provisions of this \lortgage or the 2Qote which can be given <br />effect without the conflicting provision, and to this end the In•ovisions of the Mortgage and the Note are declared <br />to be severable. <br />18. &or.~rer`s Copy. Borrower shall be furnished a confor•xneci copy of this Z$ortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all m• env 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 encum- <br />brance subordinate to this :Mortgage. (h) the creation of a purchase money security interest for household agpii- <br />ances, {e) a transfer by devise, descent or by operation of late upon the death of a joint tenant or (d} the, grant of <br />ang leasehold interest of three ,years or l~s not. containing an option to purchase, Lender may. at Lender's option, <br />declare all the sums secured by this 4ortgage to be immediately due and payable. Lender shall have waived such <br />oYtian t^ a ^elera±e ;f, prior io 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 io Lender s[td that the iracrest <br />payable on the sums secured •oy this 3ortgage 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 IMorggage and the Note. <br />if Lender exercises such option to accelerate, Lender shall mail Borrower notice of aeceleratiar> in accordance <br />with ;raragraph 1~ hereof. much notice shall lrrocide a period of not less than 3Q days from the date the native is <br />mailed within which Borrower may pay the awns declared due. Ii Borrower fails to pay such sums prior to the <br />expiration of such period, Lender may. without further notice or demand on Bbrroccer, invoke any remedies per- <br />mitter_•. by parasraph 18 hereof. <br />ti«v_1'*rtFn_x_ar ('rrvF±:ax•r•s, 13nr?•ovvet• and Lender ttzrtl_rc>r rttvCtra_n_t. and si8•rnr• ati tnlln~vs~ <br />18. Ac.,~te._~zN. 11IIanedies. ;=:xr=pt .._ ]rrvvicl€•c1 irs 1> .agrapl: l:sreaf, .rltutr Borrower's breach of any <br />covenant or agreement of Harrower iu this \Sortgagt~, including the covenant. to pay when due an}- sums secured <br />bg this ~turtgage, herder prior to arceicration hail urail notice tq Borro}vcr~s pracided in paragraph 14 hereof <br />specifying: (I} rlre bread:. i2i the action required to cure such breach; !:~ a date, not less than thin=y days <br />froth the date the no=. ice it mailed to Borrower- by which such breach awst be cured _: and t}) that failure to cure <br />such hreaah on or beiom the date specified in the; notice may result in acceleration of the sinus scoured Fly ibis <br />Mortgage. and sale ai the Yroperty. If the breach is not cured ore or before the date specified in tiu• notice, Lender <br />at. Lender's option may ~1»citmre all of the stuns aecw•ed by this Mortgage to be immediately due and payable <br />w°ithout further demand and may foreclose this yIortgsge tn• ju~iieial proceeding. Lender shall he cntitlrvi to collect <br />in such proceeditt;; oil expenses of foreclosure, including. but not limited to, costs of docuuu>otary evidence, <br />abstracts and title reports. <br />19. $onowere Bight to Reinstate. lote•ithstanding I,endet's acceleration of the sums secured be this <br />i42ortgage, Borrower shall have the right to have am• proceeding: begun by Lender to enforer~ this Mortgage dis- <br />continued at any time pttior to entry of a judgment enforcing this Mortgage if: tx1 Borrower pa}•s Lender ail <br />sums which would be then due under this Jlartgage, the Note and notes securing Future Advances, if any, had no <br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower con- <br />- -- ~.. th is =o~ggga, (t) Barrow::r pays :ell rnascnabic~ expenses incurred by Lender in ;.°nforrint; €h~ rc;v°ansn#s <br />and a¢.reemenis of Borrower contained in this 3ortgage and in enforcing Lender :s remediesv as provided in para- <br />graph 18 hereof, including, but not limited to, reasonable attorney's teen; and ldl 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 by thisliortgage shall continue. unimpaired. Upon such payment <br />and cure 6y Borrower, this iMorggage and the obligations secured hereby shall remain in full force and effect as if <br />no acceleration hail occurred. <br />20. Assignment of Roots; lappoiatment o} Receiver; Lender in Possession. As additional security here- <br />under, Borrower hereby assigns to Lender the rents of the Propert}•. provided that Harrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Lipon acceleration under paragraph IS hereof or abandonment of the Yroperty, Ixnder, in person, by agent <br />or by judicially appointed receiver shall he entitled to enter upon, take possession of and manage the Properly <br />and t6 collect rho rents of the Property, including those past due. A11 rents collected by Lender or the receiver <br />shall be applied :teal is payraeni cf the eosin of management of the Property and caiiecticn of rent., including, ]rut <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this ;Mortgage. bender and the receiver shall he liable to account only :or those rents actualh• received. <br />