not extend at• pustspone ii'te due elate o~i' t9m nrrvr,B,Vuilr loss=r.aEBns sir ~ at~_ferred trs i'r ~~~~t~r•a{;ragahs 1 and. ".; he•recrf ar
<br />change they amount of such i~a~ta,lltnen,i:dN~
<br />LD. Borravae~r Not ~igleased. IJxt~¢'..ztsiou of lire onto !s'ur• },a•.a:xerat ar modification of s~urrat?uzat,i,~rt of the sutras
<br />sectzred by ibis lortgage granted 1>y 3'..ender to ally .succcsasor' in 'ants,rest of Borro;c~er shall not ohrerate to release,
<br />in any manner, the liability of the original Borrower and $arruwcr~s successor,< in interest. Lender shall Hat be
<br />required to eotnmenee proceedings against such successor or refine to ex'erd time for pa}-ment or otherwise modify
<br />amortization of the sums secured by this Mortgage b}- reasou of any demand made b}• the o~ginal Borrower and
<br />Borrower's successors in interest.
<br />II. Forbearance by Lender Not a Waiver. any forbearance by Lender in exercising any right er remedy
<br />hereunder, or otherwise afforded by applicable law, shah not be a waiver of or preclude the exercise of any right
<br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens ar charges oy Lender
<br />shall net be a w'aner of Lender's right to accelerate the maturiiv of the indebtedness secured by this Mortgage.
<br />.^a,, 12. Remedies Cumulative. .~11 remedies provided in ibis Mortgage are distinct. and cumulative to any other
<br />right ar remedy tinder this Mortgage or afforded hr law or equity, and ma}• be exercised concurrently, independ-
<br />~. entry or successively.
<br />13. Successors aad Assigns Bound; Joiat and Several Liability; Captions. The covenants and agreements
<br />'~ herein contained shah bind, and the rights hereunder shall inure to, the respective successors and assigns ot" Lender
<br />Q :}ltd Borrower, snbiect rn tl:e provisions of paragraph 17 hereof..111 covenant; and agreements of Borrower shah
<br />` he joint anti severti. The captions and iseadings of the paragraphs of this Mortgage are fot• convenienr;e only and
<br />~ are not to br used to interpret or define the provisions hereoi.
<br />Id. Notice. Any notice to Borrot+'t-! },ro+•ided for in thi= Mortgage shall he git-en hti' mailing such notice by
<br />certified mail udtiressed to ti3ornn+~er at the Property .address :=rtte'd below, except far any notice required under
<br />paragraph ifi i:ereof to be given to Borrower in the wanner prescribed he applicable law. Am• notice provided
<br />far in this AIorrgagr shall be deemed to have been givctt to Borrower when given in the mariner designated herein.
<br />15. Uniform Mortgage; Governing Law; SeveraSility. This form of uwrtgage combines uniform covenants
<br />for natiotsal use and non-uniform covenants with limned variations by jurisdiction to constitute a uniform secu-
<br />rity instrument covering real property. This Mortgage shall he governed by the law of i-he jurisdiction in which
<br />the Froperi}• is located. In the event that any provision or clause of this Jortgage or the Note con8iets with
<br />applicable law, :uch conflict shall rot affect other provisions of this Mortgage or the Note tahich can be given
<br />eHeet without the conflicting pro+•ision, and to this end the provisions of the. \lortgage and the Note are declared
<br />tcs he severable.
<br />I6. Borrower's Copy. Borrower shall be furnisL-ed a conformed copy of this ~forcgage at the time of execu-
<br />tion or after retardation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold
<br />or "transferred b;q Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum-
<br />brance subordinate to this `lortgage, (b) the creation of a purchase moaey security interest for household appli-
<br />ances, i;c) a transfer by devise, descent m• by operation of Issw upon the death of a joint tenant or (d) the grant of
<br />any 3easehold interest of three years or less not containing ar, option to purchase, Lender may, at Lender's option,
<br />declare all the aunts secured by this ~4orfgage to be innnediatc•ly due and payable. Lender shall have waived such
<br />option to accelerate if, prior to the sale or transfer, LEnde:• auci the person to whom the Property is to be sold or
<br />transferred reach agreement in writing that. the credit of such person is sati~£actor}• to hender artd that the interest
<br />payable on the sums secured by this Mortgage shall t;c at sudt rate as Lender shall request, If Lender has waived
<br />the option to accelerate provided in this paragraph I7 srtd ii Borrower's successor in interest has executed a writ-
<br />ten assumption agreement. accepted in writing by I.eaciet•. Lender shall release Borrower from all obligations under
<br />this Mortgage and the Note.
<br />If Lender exercises such option to accelerate, Lender snail mail Harrower notice of acceleration in accordance
<br />tvitit pa =gratin iI hereoi. ~uii notice si,ail provida a ireriocl of Hat ft°ss titan ~0 does from the data else notice is
<br />mailed within which Borrower may pay the sums declared due. Ii Borrower fail:: to pay ;uch sums prior to the
<br />expiration of such tseried, Lender shay. without further notice or ,{entaztu? nn Bc?t•ratvet•, invoke any remedies per-
<br />rnitte,3 by paragraph 1B Its=r?of.
<br />L,...-it._. ..... !'.,.....,....,. ?~err€...~. ..ltd Londe, t'ttrtltir• uo:~€nttnt...nd agr r a ft.1.c,,.~:
<br />lg. Ac4al~ratirrn:.aiam+=dies. r.xc~rt a prof ide,i in r,rt:.igra}tit I its°rc•of, upon iurrower's isreaes of any
<br />covenant or agreement of Bon•o++•er in this \lortgttge, including thc• coyen;urts to pay when due ;usy sums secured
<br />by this \Eortgage, l.endcr prior to acceleration snail mail notice to Borrower provided in paragraph l~ ltereat
<br />specifying: (I) the tireacir; t21 the action rcquitr,l to cute-asweh*br~;~if3a ciah•, nut less than thirty days
<br />from the date the notice i- t,mded to Bnrruwcr. Ity wlsiclt suciriiri~aeh niisst ktq:~i: smi t-}1 that tailors to :tiro
<br />rlr=....
<br />Hoch breach on or before lire date specified in the notice tray rexult in hrcelrt~tson of the suuu secured by this
<br />'Vlartgage and sale u( the Yropce•ty. If the breach is not cured on ur before the date sprritied in the notice, Lender
<br />at Londerb optian may cter[are ail of r•^ suns seruted by this \lortgage to he inunediauely due and payable
<br />without further demand and may iorerlose this Mortgage by judicial proceeding. Linder snail its entitled to collect
<br />m such proceeding all <•xperses of forecktsurc, mchufiuR, but not limited to, casts of dueun,entazK• evhtenee,
<br />absteacts and title repora.
<br />19. Borroweie Right to Reizursate. lotwithstunditsg Lender's ucccleratiou of the swus second by this
<br />Mortgage, Aarrawer shaft have the right to have any pr=teeedings isegun by Lendes to smforce this M€~~tt:age di.-
<br />coniinued at- any tune prior to entry ai at judKment enfatting this Mortgage if; fat Borrower paps Linder ail
<br />sums which would be then due under this Mortgage, the Note :snit notes ;sensing Future .adyxnces, ii any, Isad nu
<br />acceleration occurrt~cl; Ins Borrower torts all Isreachts of an}• other caccnanta or ugreenu~nts of Anrrower ron-
<br />.ain~ in this} ;'Plowgage, tc) Harrower papa ail eta--aanahic ^xpenses incurred by Lender ih enfarciug cFie Covenants
<br />and txgree.tmnt:s of Anrrower contained in ibis. 1lcsrtgag€• and ir. crfu.rinl; Lender's rr-net:•~ies as proyicie-tI in irara-
<br />graph IS hereof, including, but not hmite€i to, reasmtablc attorne}°'s it.~€~:: and td1 ltorrat+•er labels such action a•.
<br />bender may reasonably require to assure that the Lien of this ~lurtgage. Lf•nder`s interest in the Yrolterty and
<br />Borrower's obligation to pay the Bums secured by this \dortgage shalt contiuuc unim{taired. i.tpon such payment
<br />and cure by Anrrower, this ?~Sortgage and the obligations secured hereby shall remain in full force and effect as if
<br />ao acceleration had occurred.
<br />20. Assignment of Rsata; Appoinhnen! of Rerceiver; Leader in possession. .aa additional security here-
<br />under, Anrrower hereby assigns to Lender the rents of the Property, proyidt~ti That Anrrower shall, prior to aeceler-
<br />ation under paragraph IB hereof or abandonment of the Property, have the silent to collect and retain such rents
<br />as they become due and paga6le.
<br />Upon acceleration tinder paragraph IS hereof or abandonment of the Property. Lender, in person, by agent
<br />or by judicially appointed receiver shall tx entitled to enter upon, take possession of and manage rite I'ropcrty
<br />end t.n collect the rents of the Property, including those past due. all rents collected fn• Lender a- the receiver
<br />snail be applied first to payment of the costs of management of the Property and eatlection tit rents, including, but
<br />not limited to, receiver's fees, premiums tin receiver's taoads and rcasanahlc attorney's lets, and then to the aunts
<br />secured by this Mort,gagc. Lender and the reoeiver shall be liable to account only for those rents actually recci+•ed.
<br />
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