t,u>t ;este;nid s;r ;rns~tponc ths; due date a_**' Ll~,ae u~,nontlta~ uta;'t,alhn ~nt~, u•w.°fc.rrerp d~,n 'i~~n rsaragraphs~ 1 'a'nd `Y hereof or
<br />c~tsange r.l~e arrlaur,:1: of sucL= insa}lments,
<br />Lft.~ Barrgx~rer' NolBeleased. Exceipsiat~oa art tlrc~ tsuw, IEara• lraynrcnt, ortnndifis;a~iott trf a~m~ortlza^tion of tl1sm~smrta
<br />secured by tl'ris ~Ia~rtAage granted by I:endea• #"o any succo~sor rr inton4st ai Borrar ~mr uhal'! not apyeratr tb '.rehase>
<br />in any manner, the liability of the original I3orrotyer and Borrower's successors in interest. Lender ;hall not be
<br />required to commence proceedings against suety successor or refuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by this Mortgage ley reason of any demand made by the original Borrower and
<br />Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br />hereunder, or otherwise afforded b}- applicable lan', shat! not be a waiver of or preclude the exercise of any right
<br />or remedy heremsdec The procurement of in surance or tl.o payment of taxes or other liens or charges by Lender
<br />shall not be a teairer of Lender's right to accelerate the maturity of the indebtedness secured by tl}is Mortgage.
<br />12. Remedios Cumulative. all remedies provided in this :vfortgage are distinct and cumulative to any other
<br />right or retved}- under this \lortgage or afforded hy- law or equity, and may be exercised cmrenrreatly, independ-
<br />entry or successively.
<br />~ 13. Successors and Assigns Bound; Joist and Several Liability; Captions. The covenants and agreements
<br />)]! herein contained shall bind, and Ilse rights hereunder :hall inure m, t-hc respective successors and assigns of Lender
<br />ana Borrower, sut>iect to the prorisiorsc of paragraph I" hereof. all covenants and ogre^ments of Borrower shall
<br />he joint and several. The captionr and headings of the paragraphs of this Mortgage are for convenience only and
<br />are not to be used ±o interpret or define. the provisions !sereoi.
<br />14. Notice. Any notice to Borroa-er provided tar in tilts \Lortgagc shall be given b}• nuriliug such notice by
<br />certified snail addressed to Borrower at tl;c Yropcrty- Address stated below. except for an}• notice required under
<br />psragrtpl; 18 Lercof ca be given to Borrower in the manner prescribed by applicable Irnv. Any- notice provided
<br />for in this \lortgage shall be deemed to have been given to Borrower when ~iceu in the manner designated herein.
<br />15. 1Tniform Mortgage; Governing Law; SeverabiGty. This form o£ mortgage cmnitines uniform covenant.
<br />far natiorutl ice and non-„riform covenants with limited variations by jurisdiction to constitute a uniform secu-
<br />rity instrument covering real property°_ This \Iortgagc shall be governed by the law of the jurisdiction. in which
<br />the Property- :., lorate,i. In the event that any provision or clause of this Aortgage or the Note oonflicks with
<br />applleab!e 1a+c, _uch conflict shall not affect other provisions of this \Icrtgagc or the Note which can be given
<br />effect witltaut rise confiieting provision, and to this end the previsions of the AIortgagc and the Note are declared
<br />to be severable.
<br />i"s. Bazzawer`s Copy. Borrower s'tratl he furnished a conformed ropy of this D'Iortgage at the time of execu-
<br />tion or after recordation 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 by Borrower without Lender's prior written consent, excluding Via) the creation of a lien or enaum-
<br />brance suhordinaie to this Mortgage, thl the treat-ion of a insrchase moot}" security interest for household appli-
<br />anaes, (c) a traneter by devise, descent or by operat-ion of lay=. 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 map, at Lender's option,
<br />declare all the sums secured by this Mortgage to be inunediately due and payable. Lender shall have waived such
<br />option to aeceteraie if, prior to the sale or transfer, Lender and the person to whmn the Property is to be sold or
<br />transferred reach agreement. in writing that. the credit of such person is satisfactor}~ io Lender turd that the interest
<br />payable on the Burns secured by this ~Iortgsge shall be at such rate as Lender shall request. Ii Lender has waived
<br />the option to accelerate provided in this paragraph 17 and it Borrower's wccessor in interest. has executed a wriC-
<br />ten assurrtption agreement acoepted in writing by Lender, Lender shall release Borrower from al( obligations under
<br />this Mortgage anti the Note.
<br />If Lender oxereises such option to accelerate, Lender shall !nail Borrower notice cf acce!eration in acaordanee
<br />with lraragrapl; 1L hereof. loch ttoticr shall Lrrovide a period of oat less tl;a^ 3i; tla}•s from tl-ie date rite native is
<br />mailed within which 13orrawer may pay the sums declared dur. if 13nrrotcer fails to pay such sums prier to the
<br />expiration of such period, Lender may, without funhcr native or clentand on Borrower. invoke env remedies t?er-
<br />mitted by paragraph 18 hereof. •
<br />L t)r:-~ 41£ait}S t't1,'_r;Nw?2h. ~1 (1 e'r'a L\r~r :157[1 Lt~llSlr'r' 141r•tlrtr t~ttyt~rt_;t t£ ~rlll ao•r•~.ti. g. k~cllLnw.
<br />1?. Aec$Ieratian; ;?emsdia3. Exetlrt .._ :•cr;._. r;.r:: ~; ,~,en ;
<br />1' L r:r'ai:t` ' - f. trt+an $nrmt°e,' t~r€:~eh iE ~t,Ey
<br />covenant or agreemnut of Borrower in this \lurtgaL;c, uu•Iwiing the covt:nant. tc pay whop dur any sums secured
<br />by this \lortgage, Lender prior to seccierauion -~ltali uurii notice to I3oreuurr s:: provided in paragraph L~ hereof
<br />specifyin„: tl) the breacb: i'21 Cho action rcquued to cus•e~ ouch hrcarh;' t3j a date. not less that: thirty dsvs
<br />trmn the date the notice is uraikd to 13arro1ver. by which surf lu•enrh tuusL be°cu)•rlt anti id? tht,t tailuec to coca
<br />Bur=h breath on or bciorc the date spr,~ifie~y in the trotter tnuy rrsuit in accrlc°ration of the sum, ~e,-ur,'d by this
<br />_'1lortg.rgc and Sala of the Property. If the brcacls ~~ not cure,l un nr befom the d.ue specified in the satire, Lender
<br />at Lender's apt-i:,n may declare :ell of th¢~ gums serureci b}~ this llortg:igr to he ire:nevliatel}~ dui ::nd payable
<br />without further dt=u:and and mar foreclose this Mortgage by judicial proceeding. Lender shall be entuled to collect
<br />in such proc•eerlint; all expenses ai iorcclosure, including, but not limited to, costs of da•ununusr.~ ewidenee,
<br />abstracts and title report..
<br />19. Barrowara Right to Rainstatea \ottvithst:urding I,endet•'s aereleratiou of the .urns secured h}' this
<br />~fottgage, Bw•rotver shall have the right to have any proreedin_as begun by Lender to enforce this Mortgage dis-
<br />continued at env time prior to entry ai a judgment enforcing this \lortgage if: Iai Borrower pays !.ender al(
<br />sums which would be then due under this ~IortgaL;e, the \ate and notes securing I•'uture Advances, if any, had no
<br />acceleraticn occurred; ibi Borrower cures all breaches of any outer covenants ar agrcetitents of Borrower con-
<br />• rained r, ltii'_41aptgaL;e, ;;;) Bcrrotter pays sll rt:asunrrble e=xpcn:cs int~urrd by Irnder in enforcing tFie eaveuants
<br />- and agrce~ricnts of Borrower contained in thss ;<Inrtguuge and in enforcing T.endc=r'. retedies ns prnvided Its party=
<br />graph I6 hereof, including, but eat limited to, reasonable attorney's tees; and td) I3arrotccr takes such aatinn a,
<br />Lender may reasonably require to assure that the }ten of this Mortgage, Lender's iruerest in the Property and
<br />$orrower's obligation to pay fife sums secured t>y t.ltis \lortgage .halt continue uttintpairen. Upon such payment
<br />and aura by Borrower, this 1lotKgsge and the nbligatioua secured hereby shall remain in full force and effect as it
<br />no acceleration had occurred.
<br />28. Assignment o! Raats; Ap•,wintraent of Rscafver; Leader in Possession. As additiar_al security here-
<br />- ~ under, Borrower hereby assigns to. Lender the-rents of the Properc}-. provided-that Borrower shall, prior to acceler-
<br />ation under paragraph 1& hereof 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 peragrapIt;1S hereof nr abandonment of the Property, Lender. in person, by sgeni
<br />ar by judicially appointed receiver shalt rte entitled in enter upon,-take possession of and manage the Property
<br />.and to collect the rents of the Iroperty; including (hose past due. All rents collected 6y Lender ar the receiver
<br />-shall be applied tryst to payment of the costs of mtinagerirent at the Property and co!iectian of rents. including, but
<br />not limited to, receiver's fees, premiums on receiver's bonds sod reasonable attorney's fees. and then to the sums
<br />secured by this Mortgage. Lender and the receiver shall he iiahte to account onh• fc. those rents achs;tlly received.
<br />
|