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•. fit. i ,y.t..:..3 u. err ~t~r•:as> *. ~ elu': d,.~Q ~aG 81:e ra,+ffntNtily t ~t-.t(,t; Pau,, = 3•*~,;~4.~rr*-+,} rtfi'y Sm iy ~.ratgrapY~s z air _t w ,:erw~ta! or it?as.u~aiy;r• €ia~ sn~bou.n= of ~ ~ucit nstalTme==~~ts:. ].fi, Bo~roer Nat Aeiecssed. Eztensi~on of the turanre far ~fi;~y°z;,aent err r;<ir.~lVarat.ion of anaor±nza#son "sf the. is=::na= axcc~s,i~~red i,r,• tlui~~.:'tiasrtgagt> granted. ln• i.er:der'ta any ! tc~r.,essor n .uteresl~ of lin~rrres*~ner s~hail not rxparaite to rel~.gu=e, in any n:arEner, the liability of the original Borrower ar+.ci Bano;ver's successors in interest. Tender shall not be req;:ir~d to commence proceedings against such curse<~r or refit=e to extent': t;n:F f:,r pa:~•nent or otherwise tnoaifv atnonizatior. of t~.e sums secumd by this ltortgage by reason of any demand made by the original Borrower and Borrower`s successors in interest. 11. Fozbearance by Lendez Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar otherwise afforded Icy applicable law, shall not be a waib•er of or prechide the exercise of any right or remedy hereunder. The procurement of insurance or the payment of taxes ar other Iiens or charges by Lender shall not oe a usher of Leader's right fo accelerate the maturty of the indebtedness secured by this Mortgage. 12. r'lemedies Cumulative. All remedies provided in this \iorigage are distinct and cumulative to any other p~ right or remedy under this Mortgage or afforded by is;. or egt:ity. and tray be exercised concurrently, independ- entry or successively. i3. Suecessars sad Assigas Bouad; Joint and Several Liability; Captions. The covenants and agreements fi herein contained shat bind, and the i; ;his hereunder shall inure to, the respective successors znd assigns of Lender ~ and Borrower, subject fo the provisions of paragraph 1 ~ hereof. All covenants and agreements of Borrower shall g be joint and several. The captions and headings of the paragraphs of This \~rtgage are for convenience only and are not #,n he r~sari f.n inYarp-ot nr define tl.e .,..,.A~;...,._ i,.,...,..: ~ 14. Notice. Any notice to Borrower provided for to this \lortgage shall be given b}' mailing such notice by ~ certified mail addressed to Borrower at the Propert} ~ctdress stated below, except for am• notice required under paragraph l8 hereof to ire given to Borrower in rite manner prescribed 6v applicable la+v. Anv notice pro•:;ded for in thin _ltortgage sha31 be deeured to have been gin€m to Borrower n-i;en given in the manner designated herein. 15. Uaiarm Mortgage; Governing Law; Severability. This tone of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- rity instrmnen+. covering real property. This ~Sortgage shall be governed by the law of the jurisdiction in which -the Property is located. In the Brent that any provision m- clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the, provisions of the Mortgage and the Note are declared to be severable. la. BoiriaweP 5 Copy. Borrower shah be furnished a conformed copy of this ltortgage at the time of execu- tion or after recordation hereof. 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding {a) the creation of a lien or encum- brance subordinate to this ltortgage, tb) the creation of a purchase money security interest for household appli- ances, {c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or {d) the. grant of any leasel-iold interest of three years or le§s not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this ltortgage to be inunediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the irerson to whom the Property is to be sold or transferred reac}: agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this ltortgage shall be at such rate as Lender shalt request. If Lender has waived the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this ltortgage and the Note. If Under exercises suci: option to accelerate, Lender shall :nail Borrower notice of aceeteratian in accordance cvsth l~aragrsph is hereof, such notice shat] provide a period of not- less than 3t? clays fram the date the notice is mailed x•itltin which Borrower may pay the sums declared due. Ii Borrower fails to pay such sums prier to the expiration of such period, Lender may, without further notice or demand on B'orrawer, invoke any remedies per- rnitted by paragraph iS hereof. :pox-i`:vtroeat t`t;vtixw::x5. I3arrcw•er and Leader frirtlter €~nvet,ar,t ttnd ~d+•eE. a folit*et•r•• iE. Acceieratioa; Read=~. Excrl~t :. -~roride.l in ltara}ral:la I; I+ereof, uT.ot; 13arru::~r•= brrae, of s~:. covenant ar agrees?ent of Borrower in this ~lortgaGr, ini~luding the covenants to pay whr~n dun any sum. secured by this t[orrgage, Lender prior to areeleratian shall n nl nut lee to Borrox-er as provxhai m laragraph t4 6creof specifying: (I} the breach: t2j the action rocluire>rt to curl+'§itcittf~ret't a elate. not ]es~ than thirty days teem the date the notion i~ maile+] to Bononer. I:}• wluct uclri>rA`tch i:>suaLa~+•:i, and t4? th:+t fa:ttne to cure such breach on or before the date specified m the nonce u:av te-u~~ in"aceelcY?tion of the sums seeurcw9 by this ltortgage and sale of the Property. If the breach is not cured or. or before the date specified in the notice, Lender at Lender's Optlnp men declare ail of th€° sums secured I;y this Mortgage to be immediately due a:ttl payable .cithaut further demand and may foreciosc this ltortgage by j udicial proceeding. Lender shall Ix entiti€~"l tc collect in such proceeding all expenses of foreclosure; including, but not limited to, costs of documentar_c evidence. abstracts and title reports. 13. Borzaweis Right to Reiaslate, Notwithstanding Lender's acceleration of the sums secured by this Ivfertgage, $arrower shall have the right. to have any° proceedings begun by Lender to enforce ibis ltortgage dis- continued at any time prior to entry of a judgment enforcing thrs ltortgage if: I a i Borro++-er pays Lender all sums which would he then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; {b) Borrower cures all breaches of any other cotenants m• agreements of Borrower con- Laipe_`t ;^ thi° ltcrt~aage; !r) Borrower pays all .^~a.'zattalrlr zxpenses incurred by Lender irn enforcing ti;€- covenants and agr~rr;ents of Borrmver captained in this liortgaee and in enforcing Lender's remedies as provided in lrara- -graph 18 hereof, including, but not. limited to, reasonable attorney's fee.: and td) Borrower takes such action as :Lender may reasonably require to assure that the lien of this ~loRgsge, Lender's interest in the Property and Bormivex's obligation to pap the -sums secured 6y this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligation: secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Assigameat of Rte; Apptriatmeat of Receiver, Leader in Possession. As additional security here- under, $orrawer hereby assigns to Lender the rents of the Property .prodded that Barron•er shall, prior to aeceler anon under paragraph 1& hereof or abandonment of the Prolx.rty. have the right to collect and retain such rents as they become due and payable. Ltpon acceleration under paragraph lIt hereof or ahandannzenL of the Property, Lender, in person, by agent ax by judicially appairted rzi-Giver shalt lie: entitled to-enter upon, fake pt~ession of and manage the Properly and tg eoiiect flee reefs of the Property, including those past due. All rents collected by Lender or the receiver shat] be applied c ~t to payn-ient of the-coats of management of flee Property and collection of rents, including, but not limited to, receiver's fees; nromiums an receiver's bonds and reasonable attarney'~ :.•es. and then to the sums secured by this Mortgage. Tender and the receiver shall fie liable to account unh- for those yenta actually reccired.