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~Ftt ;r:~:ctl, t.a ~ta° ; o~,.poate r.rie rhn: date ia~ tiktr,~ t-font itlPv - ,~ii;: ~.?s tre .:•,ft~rrr~rrA ~trp r Eara~grca}rbs .+:;r:N J~ iaereof ar <br />r'lRi~sttiger the arruCnare of stomt instal~4rrre~ruts. <br />[fli. 'Borrowu~~er Nat Reieas+ed. I xte~~ns~ioss of t}.ve ttin-wt foa• ll~,usn•tr~reiat rt>r~ rnocltt'ieat!ion r?i ~;ut~utort~t a~tiort c~~~~f chic stumps <br />m cu y~di ~~v tlurs ~Ia rtgage granted :u•a• T~,c•aa~aet Ito aa~r^y =ut~ctssor nn to crt'Hr,~t ri¢ I~iorro;her s;tnaJl ~~not opsra~tu tr; reVeasc, <br />n . _ .._rrcr, the iiabrhty of t}te origtna} Borro:t•er and Borro.er - successor= in tnierest. T,encler shall not be <br />required to comtnence proceedings against such successor or refuse io extend time for payment or otherwise modify <br />amortization of the sums secured by this \iortgage i?i•`reasou of ary rletnand mane by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by i.ender Not a Waives. any forbearance by bender in exercising any right or remedy <br />hereunder, or othertt•ise afforded }rv applicab}e laic, shad not he a cvaiaer of or preclude the exercise of any right <br />or rem~~h• hereunder. The procurement of insuraree or the payment of taxes or other liens er charges by Lender <br />shah not be a waiver of Leucier's right to accelerate ehc maturity of the indebtedness secured by this Mortgage. <br />~ 12. Remedies Cumulative. all remedies providers in this \iortgage are distinct and cumulative to any other <br />rigf,t or reined}- under this 1Iongage or afforricd b}• late or oquity. and nta}• be exercised concurrently, independ- <br />ently or successive}y. <br />~7 13. Successors and Assigns Bormd; Joint and Several Liability; Captions. The covenants sad sgreements <br />herein contained shall bind, and the right, hereunder shall inure ro. the respective successors and assigns of Lender <br />and Borrower. =abject to the provisions or paragraph l7 hernof. all cotenants and agreemetus of Borrower shat} <br />be joint and several. The captions and headings of the psragraphs of this Mortgage arc for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />~ 14. Novice. env notice to Borrower }u-ovideri for in this Mortgage ;stall he given by mailing such notice by <br />~ certified mail addressed to Borrower at the Prcpertc address suuetl below, except for an}• notice required under <br />patagrap}r I8 itcreof to be given to Borrnecer in the u:anner prescribed h_c applicable lau•. au}- notice provided <br />for in thin \iortgage shall be deemed to have born given to Bot•rotec•r when given in the mariner designated herein. <br />Z5. Uniform Mortgage; Governing Law; Sevezability. "['sits, form of mortgage combines uniform covenants <br />for national use and non-unttorm covenants frith hlnitE31 v -..,,,,.,: tz•r ••^__~+~^:;~„ +„ rnPStit.nte a uniform secu- <br />riiy instrument covering real property. This \Iortgagc shall be governed by the law of the jurisdiction in which <br />the Property is located. In the etent that any provision or clause of this \iortgage or the \rotE conflicts with <br />app}icable law, such conflict shall pat affect other provisions of this 1[ortgsge or the Note which can be given <br />effect without the conflicting provision, and to ibis end the provisions of the \iortgage and the Note are deelsred <br />to be severable. <br />1&. Borrowea'a Copy. Borrower s}ra11 fte furnisi±ed a conformed copy of this \iortgage at t};e time of exe~u- <br />tion or after recordation hereof. <br />27. Transfer of the Property; Assumption. If alt or any part of the Property or an interest therein is sold <br />or transferred b}- Borrower without Lender's prior written consent, excluding (a the creation of a lien or encum- <br />brance subordinate to this \iortgage. lb1 the creation of a purchase money security interest for household app}i- <br />ances, tc) a transfer by de ire, descent- or by operation of law upon t-he death of a joint. tenant or (d) t-he grant of <br />any leasehnlc? 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 A~Iortgage to be inunediateh• due anti paysblc•_ Leerier shalt hsce waived such <br />option to accelerate ii, prior to the sale or transfer. Lender and the person to whom the Property is to be sold or <br />transferred reach agreement in ;criting that the credit of such person is satisfaciot•}• to Lender and that the interest <br />payable on the sums secured by this \Iortgagc shall be at such rate as Lender shall request. 1f 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, bender shall release Borrower from all obligations under <br />this iviorigage and sift- ~:vic. <br />If Lender exercises ouch option to accelerate, Lender shat( rush Borrower notice of acceleration in aeeordance <br />with paragraph 14 hereof. Such notice shall provide a I:eriori of not lea, than 3U days from the date the notice is <br />mailed within which Borrower may pay the stuns declared due. If Borrower sails to pay such sums prior to the <br />expiration of such period, Lender may without further notice or deutund on Borrower, irn•oke an}• remedies per- <br />mitted by paragr-apti i8 hereof. <br />tiox-L=xnFOxnt C'-ovt•:vns`rs. Borro:rer and 3,euder farther covenant anti agree a follows: <br />T8. Acceleration; Remedies. Except as procirled in paragraph 17 hereof, upon Borrower= }+reaclr o env <br />covenant or agreemene of Borrower in this Slartgagc, including the eocentutts w ps:• .+-hen due :any sums seeumd <br />by this Jortgage, Lender prior to screlcration shall nail puttee to Burrower as luvvuied in paragraph 1~ hereof <br />specifying: Ill the breach: t2t the action required to ewr such breach: 131 a~date. not lees that; thirty days <br />trap [}te date the notice ie tuailed to Borrower, 6}• tahic•h such 6reaeh must be curcti}, and 14 ~ that failure to cure <br />such breach on or before the date specified in the notice nury result is acceleration of rite runts _-ecured by this <br />\Iortgagc: and sale of the Property. If the breach is not cured nu or before the data sprcified in the notice, bender <br />at Lender's option urc}• declaur all of thc• sane seeurc•d by this Mortgage n, hr ttmnediatel}• due gad payable <br />without further demand and ma}• foreclose this Mortgage by judicial proceeding- Lender shall he entitled to eotleet <br />in such proceeding all expenses of htreclosure. including. but not limitr~i h., torts of doruutcntary evidence, <br />abstracts and title reports. <br />13. Borrowers Right to Reinstate. \ohtithstuuchng Lender's ae•eclenuion ai the swne secumd h}• this <br />?vorgage, Borrower shall have the right to 6a:•i• gay lroceedings Ix gun 6}• I.endcr to enforce this Mortgage dis- <br />continued at. any time prior to entry of a judgment enfo7•eing tlci~ \(ortgage if: sat [3orrower i?ays Lender all <br />sums which would be then due under this Mortgage, the Note and notes scenting Future advances, ii any, had no <br />acceleration occurred; ih) Borrower cures all breaches of nut other rovenunts or agreements of Borrower con- <br />tained in this'.vIortgage; (c1 Borrower pays all reasonable cxpe•nses htcnrrecl ht Lender in enforcing the covenants <br />and agreements of Borrower contained in this Mortgaage anti ut cv+foi•eing Lenricr's remedies as }a~tvideri in para- <br />graph 18 hereof, including, bus not limited to, reusmrable attornr}~'> fees: and tdi Borrower takes such action as <br />Lender may reasonably require to assure that the }ten of this \iortgage, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this aortgagc shall eontinu{• unimpaired. Ltlwn such payment <br />and cure 6y Borrower, this A3ortgage and the obligations secured hereby shall remain in full fmre and effect as if <br />no acceleratinn had occurred. <br />2t1. As~gament of Rents; Appointment of Receiver; Lender in Possession. as additional security here- <br />under, Borrower hereby assigns to Lender the rents of the Property. provided that Borrower shall, prior to acceler- <br />ation under paragraph 1$ hernof or abandonment of the Property. have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph 18 hereof or abandomnent of the Yro1?erh•, Lender. in person, by agent <br />or by judicially appointed receiver shall be entitled to enter u}wit, take possessinn of and msnage the Property <br />and to collect the rents of the Prnpet•ty, including those Asst doe. al} rc-pis col}ected by Lender or the reccivev <br />shall be applied first to payment of the costs of management of the Propetty and collection of rents, including, but <br />not limited to, receiver's fees, premiums on receiver; bonds and reasonable attorne}•'s fees.:urri then to the sums <br /><ernred by this Martsage. Lender Hnd the receiver shall be liab{c to account onh• for those rents actually received. <br />