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i.rnder's wriucn agrrrmcnt or applicahlc law. Burn+wer shall pay the amc+unt of all Ptc~~ya~,c ints~?fincr rl~y ,itp•
n?.mnrr pr++vulyd under paragraph 2 hrnuf. t ~
:any :un+an?ts JshursrJ h)• I ender purse:u?t tc+ this paragraph wuh +ntrrect therec;n.'ch. ante ? n
indrhtcdncss of IlOrr++wrr yccured M• this ~lort~.?gc. l'nlrss B<+r.+ssrr auJ I rnJer agrrc to other terms of payment, such
amauntc shall l+r pa~•ahle ui>,m nutter fn+m I.cndrr a+ Borruwrr reyur.ting pa~nunt there,+f. and shall hear intrrect from the
Date of disbursement at the rate pa~•ahlc from Time to time on Quest:coding principal under the Dote unless payment of
interest at such rate would t+c amtran• to applicahlc taw. in which event such amounts shall F+car interest at the highest rate
pcrmissiMe under applicahlc law. Nothing contained in this paragraph 7 shall reyuirc Lender to incur any expense or take
any action hereunder.
8. Inspection. lender may make or cause to he made reasonable cntriei upon and impectionc of the Property, provided
that Lender shall giyc Borrower notice prier to am• such inspection specifying reasonable sauce therefor related to Lender's
intcrest in the Property.
9. Condemnatbn. Thl~k`t~~any award or claim for damages, direct or concequeMial, in connection with any
condemnation or ether taking of~•t~he ~~P_roperty, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned
and chill he paid to Lender.
In the event of a. total takintt of the Property. the preceeJs shall he applied to the cumc secured by this Mortgage.
• with the excess, if any. paid to &xn+wer. In the event of a partial takinlt of the Property. unlrcc Borrower and Tender
otherwise agree in writin{t. there shall be applied to the sums secured by this Mortgage such props?rtion of the proceeds
as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of
taking hears to the fair market value of the Property immediately prior to the Jate of taking. with the balance of the proceeds
paid to Borrower.
if the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages. Bormwer lath to respc?nd to Lender within ?0 da)•s after the date such notice is
mailed. I_endrr is authorized to rnliert and apply the proceeds. at Lender's option. either to restoration or repair of the
Property or to the sums secured by this Mortgage.
Unless lender and Borrower etherw~ice agree in writinc, any such appliratic+n of prc?reedc to principal shall rout extend
or pcxtpone the due date of the monthh• installntcntc referred to in paragraphs i and 2 hereof er chant:c.ihc amount of
such installments. ~ • a aQ r'f``X ~''t ' ~ `s'
10. Borrower Not Released. Extension of the time for payment or mc?dilicrti~n of ~airitrrlifAtion ~of the cumc secured
by this MortEagc granted by Lcndcr to an~• successor in inirrest of Be?rower shall not operate fo' release. in any manner.
the liability of the original &,rmwcr and Borrower's succesa.rs in interest. Lender shall not he rcyuirrd ie. rnmmencc
pn?ccedings against xtrch successor ur reface to extend time for payment er otherwise mcxlify amortization of the sums
secured h~• this .Mortgage by reason of arty demand made M• the original Borrower :end Borrowers successors in interest.
11. Forbearance by Tender Not a Waiver. Am forl+earancr M• Ixnder in exercising am• right er remedy hrrcunder, or
otherwise •atfurded by applicahlc law. sh;?11 not he a waiver of or preclude the exercise of am• such' right c?r remed}•.
The procurement of insurance or the payment of taxes ?+r other liens ur charges h}' I.endcr shall not he a waiver ~?f I.cndcr's
right to accelerate the maturity of the indeMrdnrss sc•_un-d h)~ this Mortgage.
12. Remedies Cumulalhe. All remedies previdrd in this Mortgage are distinct and cumulative to :?m• .+thcr right c+r
remedy under this Mortgage or aRordcd by law or equit~•. and may he exercised rnncurrently. indcpcndenth• or snc.csciyrk.
13. Successors and Assigns Bound; Joint and Several Liability; Captions. The rnvenants :end agrecmrnis herein
contained shall hind.:?nd the rights hereunder shall inure t.+, the respective successor and assigns of Lcndcr and Borrower,
subject to the prryisions c+f paragraph 17 hereof. All coyen:+nts and agrccmenK of Born?wer shall 1?c j,+int and several.
The captions and heading. of the paragraphs of this ~lertgage .arc for convenience only and arc not to t+c used to
rnterprrt er define the provisirns hereof.
14. Notice. Except fur an)• notice required under applicat•le lass to he given in another manner, fat :utv notice to
Burrower provided for in this Mortgage shall he given hs• mailing wch notice h}~ certified mail addressed Io Bermsyer at
the Pmpem• Address c+r at such other address ac Burruwrr mss drsi~nate by notice to I.cnJcr as provided herein. and
Iht an notice to I cutler sFial) l?c gis•cn M' certified mail. return receipt reyucstcd. to 1 cnJcr'c address stated hcrcin or to
such other address as Lender may designate h) notice to Burn,wer as provided herein. :1ny notice provide) for in this
~turtgage shall he deemed to hays been given to liorruw•er ur I cndrr when given in the manner designated hcrcin.
iS_ Uniform 31ortRage: Governing T.ay+; Seserabilih. This f~~rm of mortgage cemhines uniform covenants for national
use and nun-uniform rc+yre.,nis with limited variation t,y jurisdiction to conctiurle a uniform security instrument cowering
real pmpern. This Mortgage shall 1?e governed hx• the law c+f the juris.lict:on in which the Propert)• is looted. In the
~ event that am• provision or clause of this !1lortgaLC ur the \ute cuntlicts with applicahlc law. such rnnflict shall not atTect
utl?er pruy?siun of this Mort?;agr ur the 'VoA• which c;u+ I?r Lisen clTrct without the cc?nflicting provision. and to this
end the pruyisiun of the MartLaer and the \otc arc decL•rred to I+r sevcrahle_
16. _Botm?wer's Copy. Borrower .hall l±e furnishrJ cunturmrd copy of the ~iMr and of this Mortgage at the lime
ut execution or slier recordation hereof.
17. Transfer of the Pmpert); Assumption. If all ur arc p.ut of the Property' or an interest therein is sold er transferred
' M• Barrr,wrr without I_cnder's prior written current. excluding t:?t the creation of lien or encumbrance suhonlinate to
this Mortgage. Iht the creation of a purchase nu+ney srcurin inirrect fur household appliances. (c) a transfer M• devise,
~ dcscrnt ur by operation of law upc?n the death ut a joint trnam or Id? the Grant of :my leasehold interest of three vran or less
not containing an option to porrhase. I ender may. at 1_rndcr's option. declare all the cumc secured by this Mortgage to t?e
! ~mmcdiately due and payable. Lender shall have waiyrJ such option to accelerate if. prior to the tiale er transfer. Lender
and the person to w•hc?m the Property is to he sold or trmsfrrrcJ rca~h agreement in writing that the credit of such person
as satisfactory to Lender and that the interest payable un the cum, .reared by this Mortgage shall he at such rate ac i_ender
i shall rcyaest. If 1 ender has waived the option to accelcrrte provided in this p:uagraph 17, and if Rnrmwcr's successor in
intcrcct has executed a written assumption agreement accepted in writing by 1_cnder. Lcndcr shall release Bermwec from all
obligations under this Mortgage and the Note.
If fender exercises such option to accelerate. I ender shall mail Bormwer notice of acceleration in accordance with '
paragraph 14 hereof. Such notice shall provide a period .+f no? less than 3A Jays from the date the notice is mailed within
which Burrower may pa}• the cumc JecLrred dux. If Borrower fails to pa}' such sums prior to the e±cpiratien of such period.
t Lcndcr ma)•. without further notice er drmanJ on Itc?rruwcr. mvole an remedies permiuccl by paragraph 1 R hereof.
~ Noty-UNIFORM Cove~~rTS. Borrower and I_enJer further covenant and agree as follows:
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18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or
agreement of Borrower in this ?Mortgage. inclading the covenants to pay when due any same secured by this Mortgage, Lender
prior to acceleration shall mail notice to Borrower ac provided in paragraph 14 hereof specifying: (1) the breach; 12) the action
'j required to cure such breach; (3) a date. not Tess than 30 days from the date the notice is mailed to Bormwer, by which arch j
breach mt~ be cured; and (4) that failure to cure such breach on or before the date specified in the notke may resdt in
acceleration of the 'cams secured by this Mortgage. forccbsure by judicial proceeding and sale of the Property. The notice
shall further inform Bormwer of the right to reinstate after acceleration and the right to assert in flit forecbsnre proceeding
I the twn-existence of a defauk or any other defense of Borrower to accekration and forecbsure. if the breach is not cured oo i
or before the date specified in the notice. Lender at Leader's option may declare all of the cams secored by this Mortgage to be
immediately due and payabk without further demand and mar foreclose this Mortgage by judicial proceeding. Lender shall
' be entitled to colkct in sucb p~oceedirtg all expenses of foreclosure. including, bat not limited to, trcasonabk attorney's fees,
and costs of documentary evidence, abstracts and tick reports.
a 19. Borrower's Right to Reinstate. Notwithstanding lender's acceleration of the sums secured by this Mortgage.
Borrower shall have the tight to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time
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