iv~
<br />
<br />C31
<br />zta~t cxcend <rr {posP.I;rone the due r:ati,r eri r,on:~ rrrontl?ly onata!liunertt: refers=~d to in l~~aoragrartlts 1 and i2 4aereof or
<br />ahurtge the amount. ttf si€c^lt irustallmcw~>tt's-
<br />I0. Ilorrovxer Plot Released. ~h:x~tensiora of tl~tt',• iinae far' l~~ravmcmt or• rasodificatiorr ~of mtrnartiza#,iaru of t~ho Gums
<br />s~rcured by rhos :llortgage grast,ted hg I:encfer• to eery successor- in inferrer ,;rf Borratte,r slralll not operate to release,
<br />in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not he
<br />required to commence proceedings against such successor m• refuse to extend time for payment. or otherwise modify
<br />amortization eI the sums secured t>y this Mortgage by reason of ant dem:.nd movie by the original Borrower and
<br />Borrower's successors in itterest.
<br />Ii. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall rot be a waiter of or preclude the exercise of any right
<br />or reined}• hereunder. The procurement of insurance or the payment of taxes or of-her liens or charges by Lender
<br />shall not be a waic•er of Lender's right to accelerate the maturity of the indebtedness secured by this llortgage.
<br />i2. Remedies Cumulative. All remedies provided in this llortgage are distinct and cumuiatite to any other
<br />right m• rented}- under this _llortgage m afforded be lint' or equit}~- an+i may be exercised cnttcurrentl}-. independ-
<br />ently or sucressivel}•.
<br />I3. Successors and Assigns Bound; Joint and Several Liability; Capfions. "I`he raven:tats and agreements
<br />herein contained shall hind, and the rights ltcreunde.r obeli inure to, the resl+ectivr• sueeescors rand assigns of Lender
<br />and Borrcncer, subject to the protisiona of paragraph 1; hereof..al! er?temntts ar.~i agreer.:er,t of Borroccer shalt
<br />ix: )aina ,urd actera!. The captions and headings of the Iraragrs{the of this liortga~*c arc for cancenience only aed
<br />are not to be used to interpret or define the provisions hereof.
<br />i4. Notice. Ant netiec to Borrower psntided for in this llortgage snail ltc rit rtt be mailma =urh notice by
<br />certified marl addrrsscd to Borrotrer xt [Ire Property Address sated hrluw. +~xrepr for arc nutter rryuirad under
<br />risrsgrvph IS hc•rcof to he giten to $orrotrcr iu the manner ltresenb~~d b.• apltiical,lc tae+~. Any notice nro-.'icied
<br />for in thi< llortgage shall he deemed to hart been given to Borrotrer when t;irrn ui tiu• tn:.rtrcr designatcri tcrein.
<br />IS. Uniform Mortgage; Governing Law; Severability. 'Chia forn: of ntcrtage co;mbirc~ uniform covenants
<br />for not-tonal use and non-uniform covenants with limited tariations by iurisdiction to tomtit-ate a uniform se~u-
<br />rity instrurnemt catering real property. This llortgage shall he gmrrned by the iatt° of the jurisdiction in which
<br />the Yropert.}• i, :u.~ated. 1n rite event that. any protisior. m- r!ausc of this MartGage nr the Note conflicts with
<br />applicable lea. -~.elt conflict shall not affect other Prot-ision= of Chia Mortgage or ~lte Aote t+-hick ran be given
<br />effect without <!~, conflicting provision, and to this and the provisions of thi~ Mort~,age and the Note are declared
<br />co be severable.
<br />iii. nruravPer'S Copy. Borrower shall be furnished a t•ar.farmed cam- of this iiar'cgage at the tune of execa-
<br />tion er after recrtrdstior. hereof.
<br />17. Transfer o! the Property; Assumption. If all or any pan of the Property or au interest therein is sold
<br />or transferre=d by Borroccer without Lender's prior written consent. excluding tai tt;e cr•aation of a lien or encum-
<br />brance suhoniinate to this Mortgage. {b) the creation of a purchase mane}- securt}• interest for household appli-
<br />ancas, tcl a transfer by devise. descent or b}^ operation of taw upon the death of a joint tenant ar tdl the grant of
<br />any iausehoid interest of three years or lee, not containing am option to purchase, Lender may. ai Lender's option,
<br />declare alt rite sums secured b}• this Mortgage to be innnediatch• due end payable. Lender shall hate waived such
<br />optior; to accelerate ii, prior to the sate or transier, Lender earl the pr:rson to wham the Property is to ba sold or
<br />transferred reach agreement in writing that the credit of such perswt is satistacton- to Lender end that the interest
<br />payable on the sums secured by this llortgage shall Ue at sack rate as Lender shall request. II Lender has waived
<br />the option to seceierace provided in this paragraph 17 and if Borrower's successor in interest has executed a writ-
<br />ten atsurnptien agreeatent accepted in writing by Lender, Lender shall release Borrower f ram alt obligations under
<br />this Mortgage and the Note.
<br />If Lender exercises sucl: option to accelerate, Lender shall :nail Borrower' notice of sceeleraiiort in accordance
<br />.vitlf paragraph I= herco±- such notice shall pratide a period ai toot. le_.~ than 34 Clay. from the crate the notice is
<br />mailed u~itltin which Borrotrer may pay the sums declared due Ii Burrower fair to pay such sums prior to the
<br />expiration of such perioc_i, Lender may, ttithout further naticc or demand on Borrower, invoke any remedies per-
<br />mitted 6y paragraph i$ hcreoi.
<br />\o',-I`srrutcsi t-0v-E:<gyTE. Jiorrower acid Lesider iut•tltet• covertartt fret] a~retr ati #ctllu2ss
<br />I8. Accele=anon; Remedies. Except ;rs lsrarided i+t par:=gt•<tltl; 17 hcroa', ul>un Borruwrr`~: k>reac.h of any
<br />covenant or agreement of Borrotrer in this llortgage, including rho cotenants tit pa} when dur any Burns seeureri
<br />by this llortgage, Lender prior us urerleratirnt shall mail not~ec ta-I3orrotsr~r as protidrd in paragraph 14 hereof
<br />a
<br />spacif}•ing: t11 the breach; t'?t the action vettuu•tai to eure,suclr firG9ciit t3;} a date, not le=s than thin-y days
<br />from t-he tiatc the naticc i~ r;tailed m Borrotrer, by u~hickt inch lzrit}ch)ry}uG.he c.ut<ed: end t41 that failure to cure
<br />such ln•eat•h mr or before rite date specified in the nutter may result in acceleration of the sums secured by this
<br />V~Iortguge and sole of the Property. If the breach is not cured or: or before the date specified in the naticc. Lander
<br />at Lender's option mat declare all at the .urns securer{ I,ty this Mortgage ro be immediately dur and payable
<br />kvithout. further demand anti may foreclose this llortgage by judicial proceeding. Lender shall Ire entitled to collect
<br />in such ptroceeding all exl~,anses of Foreclosure, iuchuliug, but not liutitrd to, goats of docunx+ntary evidence,
<br />abstraet~ and title reI•orts.
<br />19. Hosower's Right to Reinstate. Notttithstanrliug Lender's uceclcration of the stints secured by this
<br />Mortgage, Borrower shall have the right to have any proceedings begun by Lander to cnforec this llortgage dis-
<br />continued at any time prior to entry of a judgment rnfoxcing this llortgage if; tat Borrower paya Lender all
<br />sums which would be thou due under this llortgage, the NoCr and notes securing future Advances, if any, had no
<br />acceleration oocurred; (h) Barrawcr cures alt breaches of any other cotenants or agrcentents of Bw•rowar con-
<br />tairiet-4 irr this ',Iortgage; fc) Borrower paya ati reaaonabtc cxpemses inetrrrr~`i by ],ender to enforeirtg the Caveriant,s
<br />and agreements of Borrower contained in this \-tortgage end in entering I,emfer's remedies us ltmtidcd itt ptara-
<br />graph 18 hereof, including, but not limited to, reasonable attorney's tees; and tdl Borrower takes such action as
<br />lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and
<br />Borrower's obligation to pay the some secured by this llortgage shall continuo unimpaired. Ispat such payment.
<br />and cure by Borrower, this llortgage and the obligations secured hereby shall remain in full force and effect. us if
<br />no acceleration had occurred.
<br />20, Assignment of Rents; Appaint~.ettt of $eceiver: Lender in Posaesaioa. As additional security here-
<br />under, Borrower hereby assigns to Lender the rents of the Property. provided that Borrower shad, prior to acceler-
<br />ation under paragraph 18 hereof or abandonment of the Ymperty, have the right to collect and retain such runts
<br />as they become due and payable.
<br />Upon acceleration under paragraph 18 hereof or abandonment of the Property, bender, 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 Lender 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 attorney's fees. •ux3 then to the sums
<br />secured by this llortgage. Lender and the receiver shall he liatble to account only for thosr rents actually received.
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