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i~~.i,r.i.a',. r .,retie. _ ~_t±±w a? ~inpl,-s.al.kv ?~•~_ B~.,._ _. a+l p , ,._ a._:~r.,w tl .i _i ;-- 5 _ '.rt.~.~.._w y...,!-.rn:, ., t'ne
<br />ma,ntur t tr •vucfi iE undt^r I ~ttraera.•a8a ?' ia~!.rte'f.
<br />~ti.o} „i r.~,a'~i is di=,tbr.~e~~sed b'y~ 7f„flrmii..r .:urt~;atnt tic ~t~s a.:.agrarrk; '_ ,v ~h ,,,?tt;mot !I-~~rnxv- sy~il ~+xo.,,~;~ addrt--z.:~
<br />€nc9'eti ad:u €r;' Fllr~irro~~naa acured'by tln;: r,Iartgagt. (;nleys £lr:rc~.v. sad lrcru_rr agr~ to athty =erms of ; v°rne!ra, such
<br />P!h
<br />amount> shat? be oayab3e uoan nutlet from Lender to Harrower rrctatsting pa}moot tltcreof ar.-d shall bear interest from the
<br />ante o f di=`.. . ,-~`E ~t the rate payable f:.= - tirrzt to rim? ccr=_-ar.~~"<g pr fi - u;sd`- the *..:ait unless pasmt^*, c'
<br />inie[t~st at such rate would be contrary to applicable I,aw. in w~nieh event such amounts• s':all bear interest at the h'sghest rate
<br />permissible under applicable law. Ivething contained in this paragra^h ? shall require I_endcr to i near any expeme ar take
<br />any action ittret;nder.
<br />$. inspectian. Lender may make ar cause to 1•~ made reasonable tmrits upon and inspections of the Prepertc. provided
<br />that Lender ,hail gi°;e Bnrrower votive prior to any such inspection specifying reasanabit cause therefor related tc Lender's
<br />interest in the Praperh%.
<br />4. Condemaafion. The proceeds of any award or claim fcr damsels. direct or a*nsequential. in canneciian with 2ny'
<br />rondemnation ar other taking of the Property, or part thereof, or far conveyance ir. lieu of candcmnaticn. are hereby assigned
<br />~~±'; and shall fie paid to Lender.
<br />In the cveni of a Eotal taking of the Property. the prxeeds shall be appiitd to the cams secured by this Mortgage.
<br />with the excess. if anv. paid to Borrower. In the event of a partial caking of the Property, unless Borrower and Lender
<br />c:the: wise agree i:t wr,ttric. there shad be applied to the sums secured by this Mortgage such propor?ion of the proceeds
<br />~..; as is equal to that prop:,^ian which the amount of the sums secured by this tvtortgage immediately poor to the date of
<br />taking bears to the fair market value of the Property immediately prior to the dale of taking, with the balance of the proceeds
<br />r paid to Borrower.
<br />~+ If the Property is abandoned by Harrower. or if, after notice by Lender to Borrower that the candemnor offers to make
<br />an award ar settle a claim for damages. Borrower fails to respond to Lender 'i•ithin 30 days after the date such notice is
<br />~-,~ mailed, Lender is autiterized to col#ect and apply the proceeds, at Lender's optian, either to restaration ar repair of the
<br />Propeny or to the sums secured Irv this Mortgage.
<br />L'ntess tender and Borrower otherwise agree in writing, any such application of proceeds re principal shall not extend
<br />ar postpone the due date of the monthly installments referred to in paragraphs ! and 2 hereof ar change the ama_-r of
<br />such installments.
<br />10. Borr.~er Not ~t.ieased. Extensian of the time for payment or modification of amartizaticn of the sum., secured
<br />by this Afortgs~e granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender ~~all not be required to commence
<br />praeeedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by :his Meetgage by reason of any demand made by tfie original Borrower and Borrower's successors in interest.
<br />'- ~uCC eiy I.endCr NBi a ~Siver. Any t`afbeaCaP.Ce by LendeY ]n eierr_ising ait~` right ar remedy hereL~tder, ar
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such tight or remedy.
<br />The procurement of insurance cr the payment of taxes ar other liens or charges by Lender shall not be a waiver of Lender's
<br />right m accelerate the maturin• of the indebtedness sect:red by this Mortgage.
<br />12. &tmedits Cumulative. All remedies provided in tF.is Morigage are distinct and cumulative to any other right ar
<br />remedy under this Mortgage ar afforded by law or equity, and may be exercised concurrently°. independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the previsions of paragraph 17 hereof. Ali covenants and agreements of Borrower shall be joint and several-
<br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Bnrrower at
<br />the Property Address or at such other address as Borrower may designate by Halite to Lender as provided herein, and
<br />(b) ary notice to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to
<br />such ocher address as Lender may designate by not"see to Borrower as provided herein. Any notice provided for in this
<br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hc.ein.
<br />15. Unifonrz fvlortgage; Governing Law; Severability. This farm of mortgage combines uniform covenants far national
<br />last and ncn-unifontr covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
<br />Hal property. This ;:iorisage shall w governed by t, law cf the ju;isdicticn in which the Property 's fixated. In the
<br />ev~•:t that any provision or clause of this ~icrtgage arithe Nate conftlczs with applicable law, such eorftiet shall not affect
<br />enter previsions of ±his ry_ortgage or the Nate which can be given ertect without *.he cann"icting prevision, and to This
<br />..nd .l,,e .~..,..~ of ~h°°,".^ t and ,be N^ ° are d~la.ed to lR severable.
<br />1S.~Borrower's Copp. Borrawer shall be furnished a conformed copy of the Nete and of this Mortgage at the time
<br />of cxecutian or a€ter recordation hereof.
<br />1^<. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Mortgage, (b) the creation of a purchase money security interest far household appliances, {c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or {d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare alt the sums secured by this A4ortgage to be
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom the Property is to be sold cr transferred reach agreement in writing that the credit of such person
<br />is safisfactory to Lender and that the interest payable on the sums secured by this Mortgage shad be at such rate as Lender
<br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in
<br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all
<br />obligations under this Mortgage and the Noie.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period aE vat less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Harrower fails !o pay such sums prior to the expiration of Bach period,
<br />Lender tray, without Btrther notice or demand on Borrower, invoke any remedies permitted by paragraph IS hereof.
<br />Nox-L/NtPOteM C9YENANT5. Harrower and Lender further covenant and ar_see as follows:
<br />1&. Atceleratiou; iietntd9e;. ;uzeept as provided in paragrmph l7 hereof. upon Borrowers breach of any eovenaot or
<br />agreement of Borrower in Yhia Mortgage, including the covenants to pay when due any sums secured by this Morigage,
<br />Lender prior to acceleration sbaH mafi notice to Borrower as provided in paragraph 14 hereof specifying: (I) the breach;
<br />(2) rho action reyuised to cum each breach; (3) a date, not less than 30 days from the date the Mice is mailed to Borrower,
<br />by mbicb such breach most be cured; and (4) chat failure to cure such breach on or before the date specified in the notice
<br />.may. restrU In acceleration of the sums secured by this Mortgage, foreclosure by judicial proceed'ertg and sale of the 1'ropeety.
<br />The aufice shall forth' er inform Borrower of the right to reinstate after acceleration amt the right to assert in the forec~ure
<br />proceederrg the non-existence of a deiaait or any other defe~e of Borrower to acceeration and foreclostue. if the breath
<br />is not cared on or More the date specified is the notice, Lender ai I,tnders option may declare ail of the sums secured by
<br />Chia Alortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lendtr
<br />sbaB be tntltled to collect in such proceeding ail expenses of foretlnsure, indudbtg, but not limited to, costs of documentary
<br />evidence, abstracts and titic reports.
<br />34. n^,~ows:'s Rat t;, 1At, ~a~,. Notwithstanding Lender's aectleraiion of the sums sycurtd by this Iviortgagt.
<br />Harrower sseali have the right is have any proceedings begun by Lender io enforce ibis Mortgage discontinued at any time
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