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etr e:~s,l,rix~a ,tt~ p..t~,,•t,tni.~ tP:e~ ,lue dot- trt !IiFra ':i++u~id:hiiv ,ni d1o11ruiarE. Eaa~ret.ri afro :ra, pn~air.tg~,raplain 1 ~axru~i M rt~+.rrw~o6 a~=' <br />eh u~z,rr> tJiz ~rarrto~ t~tk a~Rf t~tar,_ 7.?ntalit~tP+ifis <br />I€I. B,nrtzawezl^lot,&E'elenwsed. Ex9renisiu~rs,ti~~r ofl ~ki~}.~tr tiro s~ !lo~ir gs~a}attetttl: ~anr m~xlhii~i~~iucal6iown asi' amrt"rrt~tvaation fsf tl}Ie s~,u~utru~s <br />sec'ipp~rrxl ~°I ih:-li„ ntc~ rtgage ~e;inar.~teid },} I„eti~si,~a~r tar utituy -~r~orulrsa,~~crc' 87~t 6'o-~P~erk:St ItT :Sdirrrimrcmr2 «haihV rrtrt a~T~nerat~e ti,t reiTes~s+:, <br />in ar,y nantter, zi;e Liability of the original Borrower and Ba7rower'.= successors in interest. Lender shall rat be <br />re~uir~' t^ co7nn3+tence 1;.*ocew.Iings against =ucit s?accza:or or rEiu=c tr1 extend time for payment or otherwise modify <br />amortivatien of the sums secured in' this Mortgage l,v reason of anti- demand made EIy the original Borrower and <br />Bo7•ta:ver's su,ae: so7~ in inierost. <br />11. Fozlsearance by L,eudez Ptot a Waiver. try forbearance l7y bender in exercising any right or remedy <br />here+~nder. or otherwise arorded b}• applicable law; shall not be a waiver of or prec}ude the exercise of any right <br />or retread}• }> :reuncier. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not i;t; a waiver of Lender's right. to accelerate the maturity of the indebtedness secured by this ?rortgage. <br />i2. Aeatedies Ctamulative. :Lll remedies provided in this ~icrtgsge are distinct and cumulative to any aches <br />right er remedy under this Mortgage or afforderi by lair or squire-. and tnay be exercised co7tcurrenely, independ- <br />ently ar soccer iveiy. <br />13. Successors and Assigns Bound; Jainf and Several Liability; Captio7ss. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall }Wore to, the respective successors snd assigns of Lender <br />and Borrower; subject to the precisions of paragraph 17 hereof. all covenants and agreements of Borrower shall <br />he joint and several. The captions and headings of the paragraphs of this 1ortgage are for concenienee only and <br />are not to be used to interpret or define the provisions hereof. <br />14. No4ce, testy notice to Borrower provided for in this Alortgagc sbult be given be mailing such notice by <br />certified mail addressed to Borrower at the Yropert}• address stated ht•losc, except for a7n- notice required under <br />paragraph 18 hereof to be given to Borrower in the wanner prescribed b_v applicable law. 9nv notice provided <br />for in this _sTertgage shall he deemed to hate been given to Borrower when given in the manner designated here-iu. <br />15. Unifarnz idortgage; Governing Law; Severability. This ferret ui mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations b}• jurisdiction to constitute a uniform secu- <br />rity instrument eavering real property. This Mortgage shall be governed by the late of the jurisdiction in which <br />the Property is Located. In the event that. any provision or clause of this Mortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this \lortgagc or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are deelsred <br />to be severable. <br />Iv Ba .owai ~^,.^py. Barra:aer shall l:e furrisi:ed a conformed copy of this Mortgage at the time of exs~u- <br />tion or after recordation hereof. <br />I7. Yransfer of the Property; Assumption. If all or any part. of the Property or an interest therein is sold <br />or transferred by Barrotcer without Lender's prior written consent., excluding (a) the creation of a lien or encttm- <br />branee subordinate to ibisl4ortgage. (ht the creation of a purchase money security interest for household appli- <br />ances, (cl a transfer by devise. descent or 6y operation of lase upon the death of a joint tenant or (dl the grant of <br />any leasehold interest of three years or less not containing an optio^ to purchase, Lender may, at Lender's option, <br />declare all the sums secured by this iblortgage to be inunediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender autl the person to whom the Property is to be sold or <br />transferred reach agreement in writing that the credit of such person is satisfacton• to Lender and that the interest <br />payable on the :;ums secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waived <br />'the option to accelerate provided in this paragraph I i and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing b}• Lender, Lender shall release Borrower from all obligations under <br />this RZortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall tuail Borrower notice of acceleration in accordance <br />with oaragraph 14 hereof. 3uclt notice :hall provide a period of not. leers than 30 days from the date the notice is <br />mailed within whieta Borrower may pay the sums declared due. Jf Borrower fail= to pay such sums prior to the <br />expiration of suc}t period. Lander rnay, without further notice or detttand oat Bortower, invoke any remedies per- <br />mitted by paragraph Ifs hereof. <br />.~t7I3-iT ^i7FOtt Ai t,itt'£. tr'Ati 7`ti. I30r1'aw'i'7' And J.e71dt•1' tl7 rtlie2' i`OVrniint a77d at; i't F' a~ ti711aw2;: <br />I@. AcaeTeratioa; Re7raedies. Except as provided is paragraph 1? 6creof, upon Bortosver's hreaeh of any <br />covenant or agreement of Borrower in ibis ttartgae;c, including tint: covenants to pay when dale any aunts secure:i <br />by this Mortgage. Lender prior to acceleration sh.711 retail notict to Bon-owrr :ta procidc,l in paragraph 14 hereof <br />specifying: I11 the breach; c"li the action required tci cur'c uch larcacG; t:3t`~a date. not less than thirty days <br />from the date the notice i~ uaailed to Borrower, hr schich such bt'cuL u7ust l~. cda:;t~l: and !lt that failurr to cure <br />such breach nn or before the dale sprrifteu in thc• notice may result in :iccclerstion of the scuts secured by this <br />Aloregage and sale of the Property. if the breach is not cured ntt or before the date specified in the notice, Lender <br />at Lender's o}>tinn may declare all of the sums secured hr this Mortgage to he inuuediately due and payable <br />svithaut further demand and may foreclose this \fortg:Ige by judicial procvedin=. Lender shah be tniitlec} to eoilect <br />in such proceeding all expenses of fomclosurc, including. teat not Limited to. costs of docmnetttary rvidence, <br />abstracts and fide reports. <br />1A. Borrowers Right to Reinstate. Xotwithstanding Lrnderb acceleration of tL. sums secured by this <br />Mortgage, Borrower shalt have the rig}tt to have any proceedings Ilegut7 It}• Lender to enforce this \lortgagc dis- <br />continued at any time prior to entry of a judgtaent enforcing this \lortgagc if: tai Borrower pays Lender all <br />sums which would he then due under this Jortgage, doe Note and notes securing 1<•uture Advances, if any, had no <br />acceleration occurred; tb) Borrower cures all brearhes of an}• other revenants or agreements of Borrower eon- <br />tsined in this Mortgage; (cl Harrower pays all teasonable expenses inrurrivi by Lender in enforcing the covenants <br />and a)~reements of Borrower contained in this \lorteage and in enforcing Lender'. remedies as provided in para- <br />graph 1H hereof, including, Uu# not limited #o, reasonable attorney's fee; :and ;clt Borrawix takes aueh action as <br />bender may reasanabIy require to assure that the lien o: this \lortgagc. Lender's interest in the Yroperty and <br />Bormwer`s obligation to pay the st77ns secured hp-this ~:Iortgtage shall continue unimpaired. L?pen such payment <br />and sure by Borrower, this \Tortgage and 6he obligations secured hereby shall remain in full farce and effect as if <br />no st•~Ieration had occurred. <br />2t1. Assignmeat of Rert#s; A~vw~tment at Receiver; Leader in Posaeasiaa ~s additional security here- <br />under, Harrower hereby assigns to Lender the rents of the Pmpet•t}•. provided that Borrower 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 t7ecome due and payable. <br />Ivpon acceleration under paragraph 18 hereot" or abandonment of the Property, Lender, in person, by agent <br />or by judicialtp appointed- receiver shall be e7ititled to enter upon, take possession of and manage the Property <br />and to eol}ect the rents of #TIe Pmpetty,.inetuding those nest due. All rents coltected by Lender or the receiver <br />shall he applied first to payment of the costs of management of fhe PI»pertp and collection of renis. including, teat <br />not limited ta, receiver's fees, l3remiums an receiver's bonds and reasonable attorney's fee::. snd then to the sums <br />secured by this Mortgage. Lender and the receiver shall Fx liable to account only it nose rents actualh' revel ~ ed. <br />