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<br />not extend or post})one the duo d,air, of t9,ac rmont9'rl}- it=trni9traewrts refer.etl trn 'ire 1>~aragraphs B and'. 2 hereof ar
<br />clrang? tt?e a?1tnLnt of curb installm,e,rrts,
<br />10. Borrower Not Releasod. Im~xlerryiora ea3 tlgte iinr~e for }a,:ryrnent ar modiEreatir,'?n o'f smartiratiorr of the sums
<br />secured by this Mortgage granted isv I.en}lrtr to i3ny suecessar irr i,iiterest of Barrawet• skraIl na: operate to release,
<br />in hny manner, the liability of °tlre 'origiri:il Iyarro:ver and Borrower's succossors ;n interest. Lender shall not be
<br />required t.o commence proceedings agairsi such successor o2• r•etuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by this \lortgage ln• reason of any demand made by the original Borrower and
<br />Borrower's successors in intorest.
<br />~,~ 11. Forbearance by Lender Not a Waiver, An}• forbearance IIy lender in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable law, shall oat be a a-aiver of or precludr_ the exercise of any right
<br />~{ or remedy hereunder The prceurement of insurance or the pa}•meni of taxes or other liens or charges b}• Lender
<br />shah not he a teairer of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br />i2. Remedies Cumulative. All reruedies pracided in this Mortgage are distinct and cumulative to any other
<br />right or remedy under tl)i_ Mortgage ar affardet! hr la\v or equity, and may be exercised concurrently, independ-
<br />ently or succevively.
<br />~ • 13. Successors and Assigns Bound: joint and Several Liability; Captions. The covenants and agreements
<br />~ herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender
<br />and Borrower. subject to the provisions of paragraph i7 hereoi.:Ul covenant. and agreements of Borrower shall
<br />be joint and several. Tire captions and heading, of the paragraphs of this Mortgage are for convenience an1}• and
<br />are not to he used to interpret or define the provisions hereoi.
<br />14. Notice. Any notice to Borrower provided for in this llartgage shall be given by mailing -nch notice by
<br />certified nail arldreased to Harrower st the Prol,icrt-}• Address stated below. except. for an}• notice required tinder
<br />paragraph 1$ hereof to be given to Borrower in the manner prescribed by applicable lavr.:1n~ notice provided
<br />[m• in this Mortgage shall he deemed to ha\•c hero given to Borrower when given in the mariner +lesiguated herein.
<br />I5. Uniform 1~Iortgage; Governing Law: Severability. "Phis form of mortgage combines uniform covenants
<br />for national use :rod non-uniform covenants wikh litnited variations by jurisdiction to constitute a uniform secu-
<br />rity instrument cavernrg real property. This ~Iortgagc shall be governed by the law of the jurisdiction in which
<br />the Property is located. In the event Thai any provision or clause of this \lortgage or the Note conflicts with
<br />applicable law, such conflict shall oat affect other provisions of this \~Iortgage or the 't`ote which can be given
<br />effect without thc• coot{icting provision, and to this end the provisions of the Mortgage :lnd the Note are declared
<br />to be severable.
<br />16, Ilorrower's Copy. Borrower shall be furnished a conformed copy of this \lortgage at the time of execu-
<br />tion or after recordation I:ereaf.
<br />17. Transfer of the Property; Assumption. If all or any part. of the Propert}- or an interest therein is sold
<br />or transferred b}- Borro\\•er without Lender's priar written consent, excluding (al the creation of a lien or encum-
<br />brance subordiltate to this 3tortgage, (bi the creation of a purchase money security interest far household appli-
<br />anees, (c; a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d} the grant. of
<br />,any leasehold interest of three years ar less not containing an option to pure lease, Lender may, at. Loflder's option,
<br />declare all the sums secured by this Dlortgage to be inunediatch• due sore payable. Lender shall have waived such
<br />option to accelerate if, priar to [he sale or transfer. Lender and the person to whom the Property is to be sold or
<br />transferred reach agreement in writing that the credit of such person is satisiactot•}- to Lendor and that the interest
<br />payable an the sums secured by this Jlortgage shall lte st such rate as Lender shall request. If Lender has waived
<br />the option io accelerate provided in This paragraph 17 and if Borrower's successor in interest has executed a writ-
<br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under
<br />this Mortgage and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration is aecardance
<br />teit,lr paragraph 1~ hereoi. Such notice shall provide a period of not leas than 30 days from the date the notice is
<br />mailed within which E?'oerower may pa}' the scans declared due. If Borravrer fails to pay such sums prior to the
<br />cxpirataon of suet? period, Lender may, t\•ithout further notice or detmanti an I3'arrawer, invoke any remei{tea per-
<br />mitred by paragraph 1$ hereoi.
<br />~t)?,T-I :~IFOi; tt t'l)\'?',h:\:~`rh. I3(Y 1't'O\Yi'i' aIld l.('nd[tl' fill't.lrt'1' ['fl\'[: ]in Iit and Ri'l'et' R~ foliil\\',;:;
<br />ft3. Acceleration; Remedies. Except an pro:'i~let( in paragr:eph i7 Itereol, npot? Borroweer's hn~actt f?f anti" _
<br />covenant or agreen;ent of Hurron•er in thin \lortgnge, including the covenants to pay \ehen due any suttrs secured
<br />by this Mortgage, Lender prior to acceleration shall marl notice to Borratcer an In-avided in paragraph I4 hereof
<br />specif}•ing: tll the breach; X21 the action rcyuired to cure such breach; t31 a date, not lc~ than thitty da}•s
<br />from the date the notice i> mailed to Borrower, by tehich each breach must he cw~ed: and i41 that tailureta cure
<br />such breach ou or belarc the dake specified itr the notice n?ay result in acceleration of the scans secured by this
<br />Mortgage and sale of the Property. If the breach is oat cured an or bafore the date specited in the notice, Lender
<br />at Lender's option nrav declare all of the slum secured by this Mortgage to hr immediately due and payable
<br />without, iurther demand and may foreclose this Mortgage by judicial proceedntg_ Lander shall Ile entitled to collect
<br />iu sorb proceeding ail expenses of foreclosure, including, but not timitrd to_ costs of dacurnenta)7• ~•vHencc,
<br />alL'atracta and title report,.
<br />19. Borrower's Right to Reinstate. 1ot\cithstaudiug Lender's acceleration of the sums secured be this
<br />Mortgage, Borrower shall have the right- to have art}- proceedings begun h}• Lt~ndcr to enforce this \lartgagc di-
<br />contirued at any time prior to entry of a judgment enforcing this Mortgage if: tat Bornnrer pays Lender a}l
<br />sums which would be then due under this \fortgugc, the tiote and trotes securing 4''uture Advances, if any, had no
<br />acceleration occurred; (h) Borrower ruren all breaches of any other covenants ar agreements of Borrower con-
<br />t~inerl it thi_ ?~1a2•t;tige, (c) Borrower pays al{ rca?enat,te e~ ~- t_as inenrrta{ t±y Lenrier in enforcing the cavenatat
<br />and agreements of Borrower contained in this Mortgage and iu enforcing Lender's remedies as pravidre[ in pars-~
<br />graph 1$ hereof, including, but. not limited to, reasonable :utarne}•'s fees: and rti! Borrower takes :nch action as
<br />Lender may reasonably require to assure that the lien of this ltortgagc. Lender's interest in the Property and
<br />Borrower's obligation to pay the sums socuret{ by this ~iartgagrt shalt cantinut• uuimpairerl. L?pan such Ilayment
<br />and cure by Borrower, ibis Mortgage and the obligations secured hereby senile remain in full force. and t+ffect as if
<br />no acceleration had occurred.
<br />2©. Assigameni of Rents; Appoiahaeat of Receives; Lender is Possession. As additional security here-
<br />" under, Borrower hereby assigns io Lender the rents of the Property. provided that Borrower shall, prior to acceler-
<br />ation under paragraph 1$ hereof or s~sndonment of the Property, have the right to collect and retain such rents
<br />as they become due and payable.
<br />iJpan acceleration under paragraph 18 hereof or ahandooroent of the Property, Lender, in person, by agent
<br />or by judieisily appointed receiver Shalt be entiitad to ente^ upon, take possee.;ion of and manage t}te Propert}•
<br />and to collect the rents of the Property, including than past doe. all rents collected by Lender or rho receiver
<br />shall be applied $rst to payment of the costs of management of the Property and collection of rent:, including, but
<br />oat limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's ices, and then to the sums
<br />secured by this Mortgage. Lender and the receiver shall br liable to account only far those rents acfualh• received.
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