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<br />not ex~te>id ar past{cone the due <~late of the montinh• ;installments ~,rle€erred to in paragraphs i and 2 hereof ar
<br />ettarrge t}ae; amount of strelr installments.
<br />l0. Harrower Not Released. Extension of the time for;kiayruerti, ar narodifrcation of amortization of the scans
<br />', secured by t}ais _llartgage grouted by E.ender to any snccessar in inte(est of Borraver shall not operate to xelease,
<br />iu any manner, the liability of the original Borrower and Borrower's successors in interest. Lender snail not be
<br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modkfy
<br />amortization of the sums secured by this Mortgage by reason of an}• 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 reined}•
<br />hereunder, or otherwise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any right
<br />or remedy hereunder. 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 D•Tortgage.
<br />12. Remedies Cumulative. Ali remedies provided in this Mortgage are distinct and cumulative to any other
<br />right ar remedy tinder this Mortgage or afforded ht law or equity, and may he exercised concurrently, independ-
<br />~,,, entry ar successively.
<br />I3. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements
<br />herein contained shall bind, and the rights hereunder shah inure to, the respective successors and assigns of Lender
<br />j and Borroar-er, subject to the provision of paragraph 17 hercof.:111 covenants and agreetents of Borrotiver shall
<br />~ be joint and several. The captions snd headings of 'the paragraphs of this \[ortgagn are for convenience only and
<br />a.e not to be used to interpret, or define the provision hereof.
<br />14. Notice. Any notice ro Borrower nravided for in this Mortgage shall be given by mailing such notice by
<br />certified mail ;uidressed to Borrower at the Prapert}- .address stated below. except far any notice required under
<br />paragraph IH i:ereoi io be given to Borrower in the manner prescribed bt applicable law. Any notice provided
<br />for in this Mortgage shall be deemed to have been given to Borrower when given in the manner designated herein,
<br />15. Uniform Mortgage; Governing Law; SeverabiGiy. This Corm of mortgage combines uniform covenants
<br />for national use and non-uniform cotenants with limited variations by jurisdiction to constitute a uniform sceu-
<br />rity instruutent. covering real property. This Mortgage shall be governed by the law of the jurisdiction in which
<br />the Property i- located. In the event that any protision or clause of this ~-fortgage or the Note conflicts with
<br />applicable late, such conflict shall not affect other provisions of Phis Mortgage or the Note which can be given
<br />effect without the confiictiug protision. and to ibis end the provisions of the Mortgage and the Note are declared
<br />to he severable.
<br />--- -- - - lo, Borrowei s Copy. Harrower Shall be furnished a canf ormed copy a1 this \~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 ~ prior written consent, excluding (a) the creation of a lien or encum-
<br />brance subordinate to ibis Mortgage, l b} the creation of a purchase money security interest for household appli-
<br />ances, (c) a transfer by devise, descent. or• by operation of law upon the death of s joint tenant or (d) the grant of
<br />any leasehold interest of three years or less not containing am option to purchase, Lender may, at Lender's option,
<br />declare all the sums secured by this 3ortgage to be inunediatcly due snd payable. Lender shall have waived such
<br />option to accelerate if, prior to the sale or transfer, Lender and lire person to whom the Property is to be sold or
<br />transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest
<br />payable on the sums secured by this ylortgage shall be at such rate ss 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 s writ-
<br />ten assmnption agreement accepted in teriting by I:ender, Lender shall release Borrower from :all obligations under
<br />this Mortgage and the Note.
<br />If Leander exercises sue!: option io accelerate, Lender shall mail Borrower notice of acceleration in aceardance
<br />svic!r ,:~tragrak;h 1•t her ea€. `uch notice shall prcrvitie a period of not lefts than 30 days from the date the notion is
<br />mailed within which Borrower Wrap pay the ..urns declared due. It 13orrotver fails to pay such sums prior to the
<br />expiration of such period, Lender may, without further notice ar demand on 13areower, invoke any remedies per-
<br />mitecd by paragraph I8 hereof.
<br />\o1:-t~xrr~•orcna l'utt:v:t~2s. Harrower noel Lerreser furtlrtar covenzirtt and trgree as fallacy..
<br />-- 15_ Ac~nlar=*tisn; Remedies. Exec{at as pratide~l it: para{;r;tpla t Itcretr€, :spun Barratver's karea~lr of any
<br />covenant or agreement of Borrower in this ~Fortgagc, including the covenants to pay when due uny sums secttmd
<br />by this 'lortgage, lender prior to acceleration snail urail notice to Borratver as provided hr paragraph k4 herauf
<br />specifying: ~Il the breach; +2~ the action required to cure such breach; i3! a date, not less than thirst clays
<br />from the date the notice it moiled to Harrower, by which such breach must be cured; and t~l that failure to cure
<br />such broach an or before the date specified iu the notice may result in acceleration of the sums sc•ettrod by this -
<br />Mortgage and sale of the Property. If the breach is not cured on or before the date specified in the m~rt-ice, Lender
<br />at. Lender's optio:t may declare all of lire sums secured by this Mortgage to he immediately due cad payable
<br />wkthaut further demand and may foreclose this ~°lortgage by iuriicial Irroceedsng. bender shall be entitled so copeck
<br />m such proceeding all expenses of toreclostnr, including. but not limited to, ousts of docuurentary rtidcnce,
<br />abstracts and title reports.
<br />19. Borrower's Right to Reinstate. lokµ•ithstanding Lender's :receleratian at the soots securid by this
<br />Mortgage, Harrower shall have the right to hate any proceeding: begun b}• Lender to enforce this Mortgage dis-
<br />continued at any time prior to entry of a judgment enforcing t-iris Mortgage if: la) Borrower pays Lender all
<br />sums which would be then due under this Mortgage, tho :Nate :urrl notes securing Future Advances, sf any, had no
<br />acceleratior. occurred; (b) Borrower cures all breaches of any ether eovcnttnts or agnvments of Borrower con-
<br />.--.. _ --$uined in thin Mortgage: t;ci BoeFciw°or pays elk rea,anahic e=xpense. ineurraci by Tender in onfareingtho eo~~enanta
<br />and agreements of Borrower contained in t}cis Mortgage anti in enforcing Lcnder'x reuedies as provided in part-
<br />. graph 18 hereof, including, but not limiters to, reasmrable attorney's fee:; and ~cil Borratver 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 sums seeuteci by this 3lortgsge shalt continue unitirpaired. Upon such payment
<br />and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in furl farce and effect as if
<br />rio acceleration had occurred.
<br />20. Assigameat of Monts: Appuiatment of Receiver; Leader in Possession. As additional security here-
<br />• under, Borrower hereby assigns to Lender the rents of the Propetty. provided tbat Borratver shack; prior to acceler-
<br />anon under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents
<br />es they become due and payable.
<br />Upon acceleration under paragraph- 18 ftereof or abandomnent of the Property. Lender, in person, by agent
<br />or by judicially appointed receiver shall t>e entitled to enter u{can, tape possession of and manage the Property
<br />-ant! to collect the rents of the Property, including those past due..41k rents collected by T,errder or the receiver
<br />- shad be applied nest to payment ai the costs of nranagenient of the Pm{ierty and ealkection of rants, including, but
<br />not limited to, receiver's fees, premiums on receiver', bands and reasonable attorney's foes, and then to the .urns
<br />secured by this 1•Sortgage. Lender and the receiver shall ha liable. to account. only for '., ise rents actually received.
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