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~~? -.-._._ ~ .r-_;i«~ I~~ -a~,? -1Gt~ _. _>r -[ a;. i t=;E~r.o -- ~.rr, I. '. ,-,..s ,G Lwr~f.~ -.. <br />ltl. Bvr:c~rer dot 1?e'{efrsssd. Lxtenaio[. of r€~~ tt .t-~ ,e. ra . ~u~,¢~t1: ~a= ,i, ail:fi[rar~;ra,. ~9f ::ann-izataon ;,9 ~,t,e s.[n+s <br />Sf"urrt3 ~-. -.F~s 'r.'ti.~a~g>' ~t .nt~~er.::b } y F.e:: xr trr c.n.' -Ft .+--. ;3r ~t,i .n3+t:.~~r~s- [,f B,.r~.~ ,?ia~li 'trit oqr€rarr `a~ r2'-e~~~e. <br />in sn~. manner. t:,t :7atl,iYt. rf the ortiiinai BCrraR'el ~..~i B+~tru.cr'r'- sv,r ~ncyrsrs in Lrtterest. I,F•nder >kea11' not be <br />required to ronLrrent e ,!tracc•~dings against =uc!; suce~=r~r er reit;~r- to c-xtend tirr,? for pacrnent or ot3ier:~rise modify <br />amartiza;ion of the sums secured by t!Lt_; ~IartgaQe try reason of any demand .nadc hy- the original Borrower and <br />Borrowers sate?ssors in interest. <br />l I. Foroearance by Lauder Plot a Waiver. .tr;i• forbParancF= b~- I.endar in exercisitrg an;• right or remedy <br />hereunder. rrr otherwise afforded i1v applicab!e law. shalt no± ,e a a~at.er of or preehde the exercise of any right <br />ar remedy herc~utrier. The pracm-ement of insurance o= rite pav[a.eta of *_axes ar other hens or charges hp Lender <br />shall riot be -~ tt~eirer of Zeraier"s right tv accelerate the maturity- of the indebtedness secured be this Mortgage. <br />I2, #femedies Cumulative. .-117 remedies pravidcri in ±his liartgage are distinct and cumulative to any other <br />right e- ren~tdy unrier title \Iortgagc or afforded by (arc or of}airy'. sn~i n;ay lrt• exercised concurrentdv independ- <br />ently or sre~ essiveh•. <br />C~ ~ I3. Successors and Assigns Bound; joint and Several Liability; Captions. The covenants and agreements <br />f„~ herein contained shsil bind, and the rights hereunder shall inure to, the respecri:•e snccessar~ and assigtts of Lender <br />~" and Borrnx•er, snoject to the protisions of paragraph I" hcreot..1'f! covenants sail agreements of BorL~wer shall <br />}~ « be joint and several. The captions and headings of :be parxgrtl;h= of rift= Mortgage are far convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. I~otice> any notice to Borrower provided for in thi- Atorrnage snail be ;riven 11y mai:ing such notice be <br />eertihed mail addressed to Borrotwer at the Property address =rated 6r,•law. except for auc notice required under <br />~ ,raragr:ph 18 1.?roof to be given to Barrawer tr, the utanncr prescribed in- applicable Is1t. Any notice provided <br />~ for in this AIort.gage shall be deemed to hat•c been green to Bon•ower when given in the manner designated herein. <br />IS. Uniform Portgage; Governing Law; Severability. 'I'~tis form of uortgage combines uniform covenants <br />for national use and non-uniform cavenants with !imite~i variations he jurisdiction to coast-irate a uniform .Qeeu- <br />rity instrument covering real property. This licrtgage shalt he got•erned by the late of the jurisdiction in wL;~~lt <br />the Property is located. Lt the event that any provision or clause of this Mortgage or the Note conflicts wits; <br />applicable laty, such canflict shall not. affect other provisions of this \fortgsge or the Note which can be giver. <br />effect without the conflicting provision, and to this end rite provisions of the \lortgage and the Mote are declared <br />to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a ccnformed copy of this \fortgaee at the time of execu- <br />tion or after recardatimt hereof. <br />I7. Transfer e# the Property; Assumption. If all or any part of rile Property or an interest therein is sold <br />or trsnsferred by Borrower withant Lender's prior writier. consent. exe.luding tai the creation of a lien or enctun- <br />brance suhortlinate to this Mortgage, tbl the creation ai a purchase money sAcuriiy interest for household appli- <br />ances, ic} a transfer b}- devise, descent w• be 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 pwchase, Lender tray, at Lender s option, <br />declare al! the sums secured by this V1ort~gage to be inunediately due and payable. Lender shall have wait=ed such <br />option to accelerate ii, prior to the sale ar transfer, Lender and the person to whom the Property is to be sold or <br />transferred reach agreement. in writing titer fire credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured by this lortgage shalt be at such rate as Lender shall request. Ii 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 Burrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall !nail Borrower notice of acceleration in accordance <br />with parsgraph 14 hereof. such notice shad provide a period of not less tban 30 tlavs from the date the aortae Ss <br />fuelled within which Borrower may pay the stuns declared due. If Harrower fails to psy such sums prior to the <br />expiration of such period, Lender mac, witituut fut•ilte!• notice or demand on Borrower, invoke am rer.Ledies per- <br />nliUted by I, ragrap„ Ig herr~af. <br />~t1n-I. '~Lr•'i.?R t~t1t'i•;4 Ati TR. I`•<C)t'r()tV{: I' Rnd j,t't2df t' 1•t11'tISPr {'Ot't'niLnt .trld 3n rf't' i2+ 1{111{?:t'E: <br />fB. Acceleration; Remedies. Except as l,rovideti in paragraph 17 hcrenf, upon Borrower's ttreach of any <br />coeerant. or agreement of Borrower in this ~fortgagc. int•!udit:g the covenants to 1>ay when due any sums secured <br />h7 this Mort-gage, Lender }prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof <br />specifying: rll the breach; i21 the action required to eurv such breach: f3) x date, not less than thirt-y days <br />from the data the notice i~ mailed to Borrower, by uhiclt such breach must be cure;!; and i4! that failure M cure <br />snob breaclt an or before the date specified in the notice urn}• result in acceleration of the saute secured by this <br />!1{ortgage an i sale of rite Property. Ii the breach is net cured on or before the dste specified in Nte notice, Lender <br />at Lender's option may declare all of tttr swtts accured by this Mortgage to 6e innnediau'1}• due and payable <br />without further demand and may fareciase dt~_. Z~Iortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure, including, but not limited to. costs of documentary evidence, <br />abstracts and title reports. <br />19. Borrowor's Right to Reinstate. lotn•ithstanding Tender's acceleration of the sums secured by this <br />t.Ylortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this \lartgage dis- <br />continued at any time prior to entry of a judgment erLt'Wcing t11is Mortgage if: tat Borrower pays Lender all <br />sumo which would be then due under this Mortgage, the Noce and notes securing Future Advances, if any, had no <br />acceleration occurred; (l>) Borrower cures all breaches of auv other covenants or agreements of Borrower con- <br />tained in this IVfortgage; (c) Borrower pays all reasonably expenses incurred by bender in enforcing the covenants <br />and agreements of Borrower contained in this Jortgage and in entnrying Lynder'x remedies as provided in para- <br />graph I$ hereof, including, but not• limited to, reasenahle attorne.,••s tees; and idl Borrower takes such action xs <br />Lender may reasonably require to assure that the lien of this \iortgage. Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. L}pon such payment <br />and cure by Borrower, this Mortgage and the obiigat.ions secured !terebc shall remain in full force and effect as if <br />na acceterat#an had occurred. <br />^a#}. Astaignmertt of Reacts; Appoitatmeat ed Receiver; Leader is Possession. As additional security here- <br />under, Borrower hereby assigns to Lender the rents of the Property. provided that Harrower shall, prior to acceler- <br />ation under paragraph IlS hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they he:,tlme due and payable. <br />IIpon acceleration under paragraph I$ hereof or abandonment of the Property, Lender, in person, by agent <br />ar by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property <br />and tc1 collect the rents of the Property, including thane past due. All rents collected hr Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rents, including. but <br />oat limited ta, resewer's fees, pt'emiuats on mceiver's hontis and .*casnnsble xttarney's fyes. and then to the sums <br />secured by this Mortgage. Lender and the receiver shat! he liable to account :,niy for those rents actually received. <br />