c
<br />na~~G tactene'i at l~aastt~rone the due date o,•• the tnontl:ly° $nsttalluaents sferrt;dta its I'~aragraphs 1 .~~tnd 2 hereof or
<br />eh,tttge the. ttn7aunt of such installments.
<br />I~, $,c+rrgwer Not Released. Extensiota of tltt; tintgt fat• lraynuent ur modifacaiion of arnortization of the a,,trns
<br />secured b;ir this llcrmt.gage granted l,y Lender eo .tn}° .~ttt^cessor it interest of Borrower shall oat ,operate t., release,
<br />in any manner, the liability of the original Borrower and Borrower`s successors in interest. Lender shad not he
<br />required tv conunettce proceedings against stu•it successor or refuse to extend lime for payment or otherwise modify
<br />amort.iZaiion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and
<br />Borrower's successors in interest.
<br />I I. Forbearance by Lender Not a Waiver. Anc forbearance icy bender in exercising an;• right or remedy
<br />hereunder, or otherwise afforded by applicable Iaxy, shall not be a walker of or preclude the exercise of any right
<br />or remedy hereunder. 'I he procurement of insurance or the payutent of taxes or other liens or charges by Lender
<br />shalt oat 6e a x+aiver of Lenders right- to accelerate the maturity of the indebtedness secured by this !•lortgagc.
<br />h. Remedies Cumulative. :111 remeities provided in this \lortgagc are distinct and cumulative to ang other
<br />~ right or reined}• tinder thisliorigage or ;ttiarded b}- Ian- or equity-, and map lac exercised concurrently, independ-
<br />entry ur successively.
<br />13. S~iccessors and Assigns I3otmd: Joint and Several Liability: Captions. The covenants and agreements
<br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors ,nd assigns of Lender
<br />and Borrower, sulajeet tv the pmvisions ai paragraph 17 hereof..~111 covenants and agreements of Borrower shall
<br />be joint and several. The. captions and headings ut thu paragraphs of this Mortgage. are for eonx•emence only and
<br />are not to be used to iaterprei or define the provisions hereot.
<br />P 14. Notice. :1n}• notice to Borruxver prox•ideti for i^ this ltortgagc shall he given by mai5ng such notice by
<br />~ c-ertified uuaii addressed to Borrower at the Property :lddress stated helutx~, except fm• am notice required under
<br />par_.tgt,3p1; IS !:erect to be given to Borrower in ttac manner prescribed he applicable latxv..~ny notice proviua~d
<br />for in tiii~ Jortgage shall 6e deemed to hays been giceu to Burrou-er xchen gireu in the manner designated herein.
<br />15. Utvform Mortgage: Governing Law: Severability. 'this forth of mortgage cominnes uniforttt covenants
<br />for oat-tonal trse and oat-unffarm covenants xvith limited x-ariatious by jurisdiction to cmesiit~ute a uniform secu-
<br />rity instn:nrent •~"x~ering real property. Thin \lortgagc shall be governed by the law of the jurisdiction in which
<br />the Property is h,rated. In the ex•ent that any provisio^ or clause of this .',Mortgage ar the Note conflicts with
<br />applicable Iaxs, Brach conflict shall ^ot affect other pr•ovisivns of this Mvrigage or the \ote which can be given
<br />effect without the catHicting prof=isimr, and to this end the previsions of the Mortgage land the Alote are declared
<br />to be severable.
<br />- - I6. n.,rro~or's Grp. Lr.^,rrv:t•er shall he furnis}:ed a rcrform2d caks a, this Sarigagz at the time of ~xeeu-
<br />tion or after recordation hereof.
<br />I7. Transfer of the Property: Rssumpfion. Ii all or am- part of the Property ar an interest therein is sold
<br />or transferred by Barrocrcr without Lender's prior written consent, excluding jar the creation of a lien or en~um-
<br />brance subordinate iv dais Mortgage, t b i the creation of a purchase money- security interest for household appli-
<br />ances, (c) a transfer by devise, descent or by operation of laze upon ehc death of a joint tenant ar (d) the grant of
<br />any leasehold interest of three year or less not coniainiug oat option to purchase, Lender may, at Lender's option.,
<br />declare al[ the sums secured h}• this \Ior'tgage to be. immediately due and payable. Lender shall have waived such
<br />option to accelerate if, prior to the sale or transfer. Lender and the person to xvhuut the Propert}• is to be sold or
<br />transferred reach egret merit in writing that. the credit of such person is satisfaetvr}• to Lender and titan the interest
<br />payable on the sums secured by this Mortgage shall be at such rate as lender shat) request. It Lender has waived
<br />the option to accelerate provided in this paragrapit 1 i and if Borrower's successor in interest loos executed a writ-
<br />ten assumption agreement accepted lit writing by Lender, Lender shalt release Burr+>tt•er Tram all obligations tinder
<br />this Dortgage and the Note.
<br />If Lender exercises tttclr option to accelerate, Lender shall !nail Borrower notice of aeceleratiotr in aecardanear
<br />with paragraph 1-t hertrui_ iueh notice shall provide a period of nat. less than 3C1 days iron the data ±he notice is
<br />mailed x+itltin xvhicit Harrower array pay the Bunts detdareti due. If Borrower fails to pay such runts prior to the
<br />expiration of such period, Lender may, without further notice m• demand on Borrower, invoke any rernedic, per-
<br />mitted by paragraph 1$ I.er~af.
<br />\t~.-T`srron~t t'ovE:t.nx•ts- Elort•att•er and I.euder further covt'nant surd ay''rpa us fuliaty
<br />18, Acc~leraei~: Ramedlo-s. I;>t<~ettt ~t~ ;~c~ticl~~~1 ie; sutt~tgra,!'= 17 l;erf~~?f. ttp~*.t Be:rruF~r'= `~~=.:--c=`-~;}°
<br />covenant ur agreement of Borrower in tins Murtgrt~c, including the covenants to pay xx•hcn doe utty =ums -+e~ureci
<br />by this Mortgage. Leruier prior to srrelersuian shall uaai! notice eu 13vrrmvc•r a pttimidc:i in pztr:tgntplr t~ hereof
<br />specifying: ill fire bsael,_ ill the action requhrtl to cum suettxl3readt;-f3: a date, trot less than thirty days
<br />from the drate the notice is mailed to Itarroxvor, by which each breach utu=t 6c eared: and i31 that failure tv cure
<br />such breach on yr before the date specified in the' notice rusty reaul# ir, accelYt•atitin of ttrr Boors serttr€zl by this
<br />]lortgagc and safe. ui the Property. If the brcae•h is not cured on or before the done specified in the nvtire. Lender
<br />at Lender's option may declare all of the stuns secumd he this ~ivrtgage ut he immediately due and payable
<br />xvit}tout further deausnd anti may foreclose this \Cvrtgnge 6y judicial proceediag_ Lendee shall be rntitteti to ss>lleet
<br />in such proceaiiug all rxpensc+ of forectosurc, including. but not linrttcd ta. gusts of dacmnentary eridence,
<br />abstracts and title sports.
<br />19. Borrower's Right to Reinstate. \ohvithst:uuiing Leader'. taceeleration of thu Bouts secured by this
<br />'_bortgage, Borrower shalt have the rigltc to have any proceedings I:egun by Cruller to enforce this \lortgagc dis-
<br />continued at any time. prior to entry of a judgment enfolcittg thi; \lortgagc if: tar Bot•rowt:r pays Lender all
<br />sums which would be then due miler this ~lortg.+ge, the Note and notes securing Future :ldyanees, if any, had no
<br />acceleration occurred; thi Borrower curt;n alt breaches of au}• other covenants or agrceutE:nts ai Bm•roµer con-
<br />t~ined in this'42ertgage: sr) ?~orrawar pays all reasonable exlrrnsc° inetsrrrxl by I.t=oiler in r<nforc=ing, lily iovenxnta
<br />and agreements of Borrower contained in this 3lartg;agc and in eufmrint; Lentier:s remedies as providrr~tl in para-
<br />grsph I$ hereof, including, but not limited to, nasonahle attorneys tee;: ant! till Borrower takes such :tet.ioa as
<br />Lender may reasonably require to assure that the hen of thin \lortgagc. Lender's interest in the Proltert}• and
<br />Bat•rt+wer's abiigation to pay the sums secured by this Mottgage shall continue utsimpairetl. L'lwn Buell payment
<br />and cure by Borrower, this 9ortgage and the obligations secusd hereby shall remain in full force and eR•ect us it
<br />no acceleration had occurred.
<br />2tl. Assignmaat of Remus: Appaintmattatt of Reeeivox: Leader in Possession. As additional security hes-
<br />under, Borrower hereby assigns to bender the rents of the Ptrolierty, provided brat Borrower shat!' prior to acceler-
<br />ation under paragraph IS hereof or abandonment of the ProlTerty, have the right to collect and retain such rents
<br />as they become due and payable.
<br />Upon acceleration under paragraph I$ hereof or abandonment of the Yrolterty, lender, in person. 6y agent
<br />or by judicially appointed receiver shelf be entitled to enter upon, take possessimt of and manage the Property
<br />and io eviieet tiro rents of the Property, includifg those past due. All rents cotlet•ted by Lender or the sceiver
<br />shall i~ applied first to payment of the costs of management of the Property and eolleriion at" rents, inchuling, but
<br />not limited to, receiver's fees, premiums on receiver's i>omis and reasan;ahle attorney's :ee=, and then to the sums
<br />secured by this yortgage. Lender and the receiver shall he liable to account onh• fur those sots actunlh• srnived.
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