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r.at ~~ k+. ,~, ~,. ;.r ,i ,ts~F,~ rr it .=.r-, r'~~.t~ •,I i l•a~r i n .~i`•1sr .vi r ~;Jrii~r,.:7 .~, ~,-~rr t r,ra 'cHt~ :~ a ~ ~w,oa„~i~t~:= 11 ~~ncll <br />W .'~enr ct a-,r' <br />. ,Hn,;e , Lr. ,carol '~rF ,. -,u~+ Ir :t--,rr.st r,-.tyl- <br />l~'~. I&'orrrowe¢~ Not l~llur'~~aeo ecL~~ L.+ cv~r~u~i,r~~m~o ca t'r:r:~ it;,u;~ rcu:° jl~r;t~ri3a.jia ~^~r ¢.tr,Ir~al„~,rraiuPirrur r°~~~,Y' turnu:nr..t,.uu~tirr~i~,r. r '~Ha~~e ~wra!nn,7w <br />=cc=..rec[ l: },!this :~itc:. gagE~ g ~.r,s~;n:1 l ,,, I ,,mf+.l;at V~+ ttr;y~ .°, ,ct.trd~rr i-"r .ntn.~rt t,f Brrmu~n3~•~ r.r ~ iu.o4ri a,r+.rr, r,,},~,.tw~t=_ to rr.:Nt,a~st:, <br />in any manner, :9:c iiabiYity of ~"he or;~=final Ii'orro+ver and 13orz-oner:~ wueeessors i.t inters-st. Y;rncter sha3i not. be <br />required tc commence •rroceedings again s=~ci: suce~•.>-o; or;efu=e to extend t*ron for p a;.Meni or otherwise madaiy <br />amortization of thc• sums secured by- this Mortgage ::r realm; of am dem3nt made `tss the original Borrower and <br />Borrower's successors in interest. <br />1I. forbearance by Lender Not a Waiver. piny *'arbearance by Lender in exerr~sing any right or remedy <br />hereunder, ar otherwise affardecl by spnlieabie lace. shall Hirt `re a +cai>•er of or preclude the exercise of any right <br />or remedy hereutder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not be ~ wttiver of Lender's rigtrt ro accelerate the maturii3- of the indebtedness secured by this tiortgage- <br />I2 Remedies Cumuiauve. :~li remedies pravide+i in this Mortgage are distinct and cumulative to any other <br />v right ar remedy under tills Mortgage or afforded in la+e or cgt.in-, and may ho exercised concurrently. independ- <br />entiy or successiveh•. <br />~ i3, Successors and Assigns Bound; Ioint sad Several Liability; Captions. Toe covenants and agreements <br />herein contained si;all bind, and rite rights hereunder <ha(i inure to. the respeciivr. successors and assigns of Lender <br />and Borrower, subject to the previsions of paragraph 1 ~ hereof. Ail covenants and sgreetnents of Borrower shall <br />be joint and severe;. T}re captions and ireadings of lire paragraph. of this lIortgage are far convenience only and <br />:.re not is be used to interpret or define the provisions hereai. <br />14. Notice. Ant notice to Bon•o+cer provided for in thi= Mortgage shalt he giver. by mailing .,urh notice b~' <br />~ certified mail addressed to Borrower at the Yrapcrtc Address stated belo+e, except for an} notice required under <br />paragraph 18 hereof to be given to Borrower in the manner prescribed b}• applicable lain- 3nv notice provided <br />for in this Iortgage shall be deemed to have been given to Borrower when given in the manner designated 1u^r~-in. <br />I5. Uniform Mortgage; Governing i.aw; Severability. This form of mortgage combines uniform covenants <br />for national use and non-uniform covenants tvit-h limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real propert}°. This \Iortgage shall be governed by the law of r.he jurisdiction in which <br />fhc Property is located. in the event that. any provision or clause of this Mortgage or the Note conflicts with <br />applicable la+~, such contiict shalt not affect other provision= of this Mortgage or the tote +vhich can be given <br />effect without rite conflicting provision, and to this end the provisions of the \Iortgage and the i\tote are declared <br />to he severable. <br />18. Borrower's Copy. Borrower shall be furnished a conformed copy of this Mortgage st the time of execu- <br />tion or after recordation hereof. <br />17. Tzaasfer of the Property; Assumption. If all or any part of the Property or an interest therein is said <br />or tramsferred by Borrower without Lender's prior written consent, excluding {a) the creation of a lien or encum- <br />brance subordinate to this \Iortgage, (bl the creation of a purchase money security interest for household appli- <br />ances, ic) a transfer by devise, descent or by operation of Iaa 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 purchase, Lender may, at Lender's option, <br />declare all the sums secured by this Mortgage to be immediatety due and payable. Lender shall have +vaived such <br />optiom to accelerate ii, prior to the sale or transfer, Lender and the person to wham the Property ~~ 'o 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 sums secured b_v ibis 1lartgage shall he at such rate as Lender shall request. If Lender has waived <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 alt 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 />:+-iih paragraph 14 hereof. Such notice ;hall provide a period of not less than 30 days from the date the notice is <br />mailed witi,itt +dt:ich Borrower mat pay the surds declared due. Ii Borrower iaiIs to pa}• such sums prior to the <br />expiration of such period, Lender may. without. further notice or demand on B'orro+eer, invoke any remedies per- <br />mitted by paragraph 13 hereof. <br />o±-itntFC,n.nt i'ovr;xa';rs. Borrower anti Lender farther covenant and ag't•ee as follows <br />i3. Acceleration; Remedies. Except as provided in paragratri: i r hereai, upon Borro++•er's breach of any <br />eovcnant or agreements of Borro++•er in this Mortgage, including the covenants to pay when due anY sums secured <br />by this Mortgage, Lender prior to acceleration s}rsll mail notice to Borrower as l>roeidcd in paragraph 14 hereof <br />specifying: (11 the breach; t2) the actimt required to curt such breach: f3't a date, not lees than. thirt.v days <br />from the date the notice is mailed to Borrower, by which such breach nmst be eared; and f41 that failure to cure <br />such breach on or before the dace specified in the notice may result in acceleration of the sums secured by this <br />Mortgage and sale of the Property. If the breach is not cured or. or before the dste specified in the notice, Lender <br />at Lender's option may declare all of the stuns secm•ed 6}• this Mortgage to be irmnediateh• due and payable <br />without further demand and may foreclose this Mortgage by judicial proceeding- Lender shall be en[iiled to collect <br />in such proceeding all expenses of foreclosure, including, but Hat limited to, costs of documentary- e+-kfenre, <br />abstracts and title report.. <br />19. Borower's Right to Reinstate. \ot++•ithstanding Lender's acceleration of the sums secured by this <br />Mortgage, Borrower shall have the right to have any proceedings beg+m by Lender to eniorec this \Iortgage dis- <br />continued at any time prior to entry of a judgment enforcing this Mortgage if: cai Borrower pays Lender all <br />sums which would be then due under this \Iortgage, the \ote and Hates securing Future Advances, if any, had no <br />acceleration occurred; (b) Borrower cures all breaehex of any other cocen:+nts or agreements of Borrower con- <br />tained in this :viortgage; tc) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants <br />and a~-~teeFnenta; of Burrower contained in this ilortgnge and in tnfareing Lender's remedies tz<s provided in para- <br />graph ltd hereof, including, but not limited to, reasonable attorneys fern-; and tdl Borrower takes sorb arbor, as <br />Lender may reasonably require to assure that the lien of this \Iortgage. Lender's interest in the Property and <br />$orrower's ob}igation to pay the sums secured by this Mortgage shall continue unimpaired. tipon such payment <br />and cure by Borrower, this Mortgage and the obligations secured hereby shalt remain in full force and effect as if <br />na acceleration had occurred. <br />~• Assi~suseea! of Resets: Appainimeat et Receiver, Leader in Possescian. As additional security here- <br />under, Borrower hereby assigns to Lin•3er the rents of flte Property, provided that Borrower shall, prior t.o acceler- <br />ation under paragraph 18 horeof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Zlp~n seceleration under paragraph l8 hereai or abandonment of the Yropetty, Lender, in person, by agent <br />or by judi.,:ally appointed receiver shalt be entitled to enter upon, take possession of and manage the Property <br />and to caileci 'the rents of the i?;operty, including those past due. Ail reefs collected by Lender or the receiver <br />shall foe applied first to payment of the costs of management of the Property and collection of rents, including, but. <br />Hat tirriiied ta, r~eiver's f+ste, premiums on rcreiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall tee liable to account onh• for those rents actually received. <br />