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9. Condemaatbw. The pn?:rrDs of my awarJ ut :!aim for Damages. Direct cx canxquential, in connection with any
condemnation or other taking of the Property. ur pan therrnf. ar for conveyance in heu of condemnation, are hereby assigned
ant shall be paid to Lender.
In the event of a total taking of the Properly. the pr.?:rcJs shall he applieD to the sums xcurcd by This Mortgage,
with the excess. if any, paid Ice Borrower In the event at a partial taking of the Property, unless Borrower and Lender
otherwise agree in writing. there shall be applieD to the sums xcurrD by th+s Mortgage inch proportion of the proceeds
as is equal to that proportion which the amount of the sums sr:ured b) this Mortgage immediately prior to the date of
taking bean to the fair market vahre of the Pn?pen> imnrrD~ateq• pr+ar to the Jate of taking, wish the balance of the proceeds
paid to Borrower.
It the Property is abandoned by Borrower. or if after notice by 1 ender to Borrower that the condemnor oRen to make
an award ur xttle a claim for Damages. Borruwrr fad. t?+ rrspcnrJ to Lender within 30 days after the date, such notice is
mailed. Ixnder is authorised to collect and apply ttx praccrJs. al Lender ~ option. either io restoration of repair of the
Properly ar to the sums secureD M this Mortgage
Unless Lender and Borrower athrrw•iar agree in wriline. any wch appli:atian of proceeds to principal shall not extend
ar p+xlpone the due Date of the monthly installments referred ~ta in paragraphs I and 2 hereof or change the amount of
such installments.
10. Borrower Not Released. Extension of the t+me fur payment ar modification of amortization of the sums secured
by this Mortgage granted by Lender to any ctrccessor in intrust of Borrower shall nM operate to release. in any manner,
the liability i?f the ori¢inal Harrower and &?rrowcr's s~kcrssors in interest I-enter shall not he required to commence
proceedings against such strccecsar ar reface to extenD time tar payment ar otherwise modify amonisaiuu irf the sums
secured by this Mortgage by rcau?rr of any demand made h~ thr orieinal &?rrawer and Borrowers successors in interest.
11. Forbearance by lender Not s Wailer. .gym f+?rhearancr M 1 ender in exercising any right or remedy hereunder, or
otherwise aff+xdeJ by applicable law, shall not he a wais•er of ar preclude the exercix of any such right or remedy.
The procurement of insurance or the payment of rases ar other liens or charges by Lender shall not be a waiver of Lender
s
right to accelerate the maturity of the indebtedness secured M• this Mortgage.
12. Rearedies CumubNitre. All remedies prosiDrd +n this Mortgage arc Distinct and cumulative to any other right or
remedy under this Mortgage or aflordrJ by law ur equity. anD may he exercixD concurrently, independently or successively.
13. Successors and Assigws Bound; Ioint and Sclera! I.iabiHty; Captbas. The covenants and agreements herein
contained shall hind. and the rights hereunder shall inure to. the rrspectist successor and assigns of i.endtr and Borrower.
subject to the provisions of paragraph 17 hereof All rnvenants ant agreementc of Harrower sha!! be joint and several.
The captions ant headings of the paragraphs of this Mortgage arc far convenience only and arc not to be used to
interpret or define the provisions hereof.
lI. Notice. Except far any notice rcyuired under applicable law to be given in another manner. (a) any rrotict to
Borrower provided for in this Mortgage shall he g+vrn by mailing such notice by certified mail addressed to Borrower at
the Property Address ar at arch other addrtsc as &?rn?wer may designate by notice to Lender as provided herein, and
(b) any notice to I.enJer shall t+t given M• certifirJ mail. return receipt requested. to 1 enders address stated herein or to
sack other address as Lender may designate M' notice u? Harrower as prm•ideD herein. Any notice provided for in this
Mortgage shall ere deemed to have been given to Borrower ar 1 ender when given in the manner designated herein.
1~. Uniform Mortgage; l,orernirtg law: Severabrlity. This farm of mortgage combines uniform covenants for national
rrx and nan•unifarm covenants with limier.! variations by jurisDtctian to constitute a uniform security instrument covering
real property. This Mortgage shall he governed by the law of the jurisdiction in which the Properly is located. In the
event That an)• provision ar clause of this MQngage or the Rote conflicts with applicable law, such conflict shall not affect
other pn?visians of Chic Mortgage or the Nate which can he given effect without the conflicting provision, and to this
end the provisions of the Mortgage and t6c \ote are Declared to he xverable.
16. Borrower's Copy. Borrower shall hr furnisheJ a conformed copy of the Note and of this Mortgage at the time
of execution ar after recordation hereof.
17. Transfer of the Property: Assumption. if all or any part of the Property ar an interest therein is sold or transferred
by Borrower without Lender's pricer written cunxnt. excluding /al the creation of a lien or encumbrance subordinate to
this Mortgage. Ib) the creation of a purchax mane), srcurity interest far houxhold appliances, (c1 a transfer by devise,
descent or by operation of law upon the Death of a joint tenant ar IDl the gran) of any Inxhold interest of three years or less
not containing an option to purchase. Lender may. at I.rnder's optton. declare all the sums secured by this Mortgage to be
immediately due and payable. Lender shall have waived such opuan to accelerate if, prior to the sale or transfer. Lender
and the person to wham the Property is to be solJ or transferred reach agreement in writing that the credit of such person
is satisfactory to Center and that the interest payable on the sums xcurcd by this Mortgage shall be at such rate as Lender
shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in
interest has executed a written assumption agreement accepted in writing by lender. Lender shall releax Borrower from all
obligations under this Mortgage and the Note.
If Lender txercixs such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with
paragraph 14 hereof. Such notice shall provide a perioD of nut Icss than 30 days from the date the notice is mailed within
which Borrower may pay the sums declareD dce. If Borrower tails to pay leech sums prior to the expiation of such period,
Lender may. without further notice or Demand an Borrower. mvokr am remedies permitted by paragraph I8 hereof.
No!v-UNtFO1tM Covt:xevTS. Borrower and Lender further covenant and agree as follows:
I11. Atttkratbw; Remedies. E:ceps as provided in pragnpb 17 hereof, wpow Borrower: breacr of awy to.ewt or
agreetwewt of Borrower iw this Mort age. iwcludirrg the covcaawts to py ..hew dtre :wy wwrs srttwrtd by this Mortstge, Lewder
prbr b sccelentbs sbatl mail notice to Borrower as provided in pragraph 14 hereof spec~yiwg:ll) the breach; (2) the setbw
required b cwrc such breach; (3) a dste. woe less than 30 days from the date the wotice $ wailed to Bomowu, by which web
btreac6 mwt be cwrcd; aced (1) that fsilure to cure such breach ow or before the date specified b the wtNke wy resale ft. .
aceekratiow of the sows sectored by this Mortgage, foreclosure by judicial proceeding swd sale of the Property. Tie wtttke
sbaq fwrtber inform Borrower of the right to rciwstate after sccekratioa awd the right b assert is the totcclowrs pnoeee~tg
the wow-a:istesee of a defawk or awy other dcfewse of Borrower to acceeratioa awd foredowre. if the breach is woe ewred aw
or before the date specified iw the tttotice, Leader at LewdcPs optiow may declare a8 of the was secwred by this Mortgage b be
imrwcdiately dtte awd pyabk witbotrt twrtber demand and may totaecbse this Mortgage by judicial proeeedirtg. Lewder shaft
be entitled to collect b stscb proceediwg aY a:pema of torecbsurc, including, but woe !trotted to, reasowabk sttorwey's tea,
and costs of docwtwewtary esridewce. asstractt awd tick reports.
19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleratron of the sums secured by this Mortgage,
i Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage dixontinued at any time
prior to entry of a lodgment enforcing this Mortgage rf 1 a 1 Borrower pays Lender ail sums which would bt then due under
this Mortgage, the Note and notes xcuring Future Advances. rf any, had no acctkration occurred; tb) Borrower carts
all breaches of any other covenants or agreements of Borrower contained in this Mortgage; Ic) Borrower pays all reasonable
expensts incurred by Lender in enforcing the covenants and agreements of Harrower contained in this Mortgage and in
enforcing Lender's remedies as provided in paragraph IK hereof, incltrdrng. but not limited to. reasonable attorney's fees; and
/d) Borrower takes such action as Lender may rcasunably reywre to assure that the hen of this Mortgage, Lenders interest
in the Properly and Borrower i obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such
payment and cure by Borrower, this Mortgage anD the ohhgauons xcurcd hereby shall remain in full force and effect as if
no acceleration had occurred.
20. Asst;moment of Rents; AppoiMrnent of Rcceiser. As adDitional xcurity hereunder. Borrower hereby assigns to
!.ender the rents of the Properly. provideD that Harrower shall. prior to acceleration under paragraph I8 hereof or abandon-
ment of the Property. have the right to collect and retain such rents as they become due and payable.
Upon acceleratron under paragraph 18 hereof ar abandonment of the Property. Lender shall be entitled to have a
• receiver appointed by a coup to enter upon, take posxssrun of and manage the Property, and to collect the rents of the
Property, including Ihox past dot All rents u?IkcteD by the receiver shat{ he applied first to payment of the costs of
management of the Properly and collection of rents. including, but r.+?t limned ta, receiver's fees, premiums on receiver's
bonds and reasonable attorney's secs, end then to the sums xcurcd by this Mortgage The receiver shall be liable to account
only for Chase rents actually received.
22. Release. Upon payment of all sums xcurcd by this Mortgage. Lender shall release this Mortgage without charge
to Borrower. Borrower shall pay all costs of recordation, if an).
23. Attorney's Fees. As uxd in Chu :Mortgage and m the 1•iote. "attorney's ices" shall include attorney i tees, it any,
which may be awardeD by an appellate coup.
• et,'ac 322 P~~F 2256