Hat exteati or {3ostpacaa the date date cn' 4~'li~ie tno~rtithtt icsta,llnyt~~nts referred tai in iuaeagr'aptas 1 and 2 hereof +rr
<br />changva the- at;tcaunt of such installments.
<br />ltl. Borrower Not Released. I$~.ens~it'iu v'f tlfl'te tira~~ae for psynze~r~rt. o;r mociifi+,ast'ion-s oat astavrtiz~at.'io~rt of its+> su;~ns
<br />secured by this 3lvrtgitga granted by I,endtr tau a'aay successor in interest of Borrv'wcr shale not operate to release,
<br />in any anannar. fife liability- of the original Barrowe±• anti Borrower's successors in interest. Lender sf~li not- be
<br />required io commence nraceadings against such successor or retusa to extend time for payment or othercrise modify
<br />amartization of the sums secured by this ',tartgage try reason of any demand made by the original Borrower and
<br />Borrower's successors in interest.
<br />I1. Forbearance by Lender Noi a Waiver. Any forbearance by Lender in exercising any right or remedy
<br />hereunder, or aiherwise afforded Lc applicable ]aw, shall not be a waiver of or preclude the exercise of any right
<br />or remedy- heretucder. The procurement of insurance or the payment of taxes or other liens or charges by Lender
<br />~} shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br />12. Remedies Ctrrrauiative. All remedies provided in this \lortgage are t}istincc and cumulative to any other
<br />right ar remedy- under this lortgage or affordai by L•tw or equity. and may be exercised concurrently, independ-
<br />enth_ or successively.
<br />13. Successors and Assigns Bound: joint and Several Liability; Captions. The covenants and agreements
<br />0 herein contained shall bind, and the rights hereunder shat} inure to, the respecticc successors and assigns of Lender
<br />aa:d Borrower, suhjcct to the provisions of paragr:,pit l"r hereof. All covenant= and agreements of Borrower shalt
<br />~ be joint and several. The captiors and headings of the paragraph= at this Mortgage arc for convenience only and
<br />t`~ are not tc be used to interpret or define the lttovisions hereof.
<br />14. Notice. 9ny notice to Borrower provided for in this Mortgage shall he given by mailing such notice 6y
<br />c•cstifii-d ,nail sddrtssed to Borrower at the Proper[}- _~dd,rs:..;tated befo:r, except for any notice required under
<br />paragraph 18 hereof to be given to Borrower in the manner prescribed by applicable law. Am• notice provided
<br />for in this ~[ortgage shall he deemed to have be=en gi~-en to Barrocer when ~iveu in the matmer designated her=in.
<br />15. Uniform Nartgage; Governing Law: Severability. This form of wortgage ccmbines uniform covenants
<br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifotm secu-
<br />rity instrtunent covering real property. This \lortgage shall be governed by the late of the jurisdiction in which
<br />the Property i>• located. In the avert ±hat any provision oj• clzuse of this Mortgage or the Note conflicts with
<br />appiieable ta::. such conflict. shall not affect other provisions ai this Mortgage or the Note which can be given
<br />effect. without ti:e canflict.ing provisiatt, and to ibis end the provisions of the Jlortgaga and the Vote are declared
<br />to be severable.
<br />18. Borrower's Copy. Harrower shelf be furnished a conformed copy of this Mortgage at the time of execu-
<br />tion or after rerordat.ion hereof.
<br />17. Transfer of the Property: Assumption. If all or env part of the Property or sn interest therein is sold
<br />or transferred by Borrower without. Lenders prior:critten consent, excluding (ai the creation of a lien or encum-
<br />brance subordinate io this Mortgage. tbj the creation of a purchase mon:y security interest for household appli-
<br />ances, i cj a transfer by devise, descent or by operation of ]stv upon the death of a joint tenant or (dj the grant of
<br />any leasehold interest of three years or }ess not containing an option to purchase, Lender may. at Lender's option;
<br />declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such
<br />option to accelerate i?, prior ro the sale or transfer, Letnder and the person to whom the Property is to be so-d or
<br />transferred reach agreement in writing that the credit o? such person is satisfactory to I:ender and that the interest
<br />payable on the sums 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 17 and if Borrower's successor in interest has executed a writ-
<br />ten assumpt.iar. agreement accepted in writing by Lender, Lender shall release Barrotcer front alt obligations under
<br />this Mortgage and the \TOte.
<br />If Lender exercises such option io aces}crate, Lender shat wail Borrower notice of accceleration in accordance
<br />with paragraph i•I hereof. much notice rktaii 1?ravide a !rectal o? net lea,. t}can 30 bays from the date ti ~ notice i;
<br />mailed within which Borrower may pay the aunts declared due. It Borrowet• toils to tray such sums prior to the
<br />exl?iratian of such period; Lender may, without further native er dcwand an Barrnwer: invoke any remedies per-
<br />mitted by paragraph IB hereof •
<br />~jc,~_tr,•..~...,.. ('c,..,x•~Rm,• rz ,• , t l t• 't ...nt .. tt
<br />vr?•trtser r.t letx ea' :t •hs~r ctcta't~c a.:l a~:•ee ak t€...Ctvs=
<br />- lg. nCcrlerati5n; Irenredies. Ixccpt as prat'ielcd in paragrapi, i7 hereof. unou Parrocver`s itreaa;tt of acv
<br />covenant or agreement of Borrower in this Mortg:tgo, including the revenants to pay when tine any sow; secured
<br />by this \lortgage, Lender privy to acrelecatiou shall u+ail notice tct Harrower as provided in paragraph 14 hereof
<br />specifying: (]r the breach; +2) the action required to cure ~~ch.}tatiach;~(3).a date, not Icss than thin}° [lays
<br />from the da*.c the notice i= mailed to Ban•owcr, by which such broach wu,t,d~e~cunctl; un<t +~i that failure to rare
<br />such breach an or before the date. specited in the notice rosy result in accclel•atfim of the sums ;eeured by this
<br />Mortgage and sae of the Property. If the breach is not cured on or before the date specified in tho notice, Lender
<br />at Lender's option way <lec•lare all of the suns. secured by this Mortgage to 6e innntxiiatelr° due and payable
<br />without furtt:er demand and may foreclose this \lvrtgage by judicial proceeding. Lender shall be entitled to collect
<br />in such pr•acecdink all expanses of foreclosure, including, but not limiteii to- costs of documentary evidence,
<br />abstracts and titir reports.
<br />19. $orrowQr's Right to Reinstate. \atn•ithst:uxling Lender's acceleration of the awns secured by this
<br />i'Yfortgage, Borrower shall have the right to stave any proceedings begmt b}• Lender to enforce this Mortgage dis-
<br />continued ai any time prior to entry of a judgment c•nfoTCing this \lortgage if: ttt} Borratver pays [.ender all
<br />sums which would be then clue under this Mortgage, the Note an+t notes securing Future Advances, if any, had no
<br />accelerativn occurred; ib) Borrower cures all breaches of any other cvvenants or agreements of Borrower can-
<br />-faired in ibis vlarigage; (c) Borrower pays alt reasonable expenses incurtt~ct itv !.ender in enforcing t#te eavenants
<br />-and agreetnentas of Borrower contained in this \tortguge and in enfvrcing Letuter's reuedies as provided in psrs-
<br />- graph 18 hereof, including, but not limited to, reasonable attorney's fees; and tdt Borrower takes such action as
<br />Leader [nay reasonably require to assure that the lien of this 3ortgage, I_ander'• interest in the Property anti
<br />Borrower's obligation to pay the sums securest by this \=lortgage shall continue unimpaired. Upon such payment
<br />and cure by Borrower, this ;4lortgage and the obligations secured hereby shall remain in full force and effect. as if
<br />no acceleration had occurred.
<br />Z(1. Assigamant of Roots; Appciatm~at of Roceiver, Lender is Fossessioa As additional security here-
<br />- under, Borrower hereby assigns to Lender the rents of the Property ,provided that Borrower shalt, prior t.o acceler-
<br />ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents
<br />as they become due and payable.
<br />i3pon acceleration under paragraph 1$ hereof or abandonment of the Property. Lender, in person, by agent
<br />or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property
<br />and to collect the rents of the Property, including those past due. All rents collected by Lander or the receiver
<br />shall be applied first to payment of the costs of management of the Property and collection of rents, including, but
<br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorne~•'s fees. and then to the sums
<br />secured by this Mortgage. Lender and the receiver shalt he liable to account onh• for f~ se rents artualh~ received.
<br />
|