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Home My WebLink About2194 10. BorroWer Not Raleased; Forbearance By l.ender Not A Wsiver. Extension of the time for payment or mod~f~cation ot amortization of th¢ sums secueed by this Mortgage granted by Ltnder to any successo~ in ~nterest of Borrower shall not operate to releas¢, in any mann¢r, the liability of thQ original $oROwer and Borrower's successors in interest. Lender shall not be required to commenc¢ proceedings against such succeuor or re(use to extend time for payrne~~t or otherwise mod~iy amortization oi the sums secured by this Mortgage by reason of any demand mad¢ by the or~ginal Borrow¢r and Borrower's successors in interest. Any torbearance by Lender in exercising any nght or remedy hereunder, or otherwise aHorded by applicable law, shall not be a waiver o( or preclud¢ the exerc?se of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several UabiNty; Co•stgnen. The covenants and agreements herein contained shall bind, and th¢ rights h¢reunder shal) inure to, tfie respective successors and ass~gns of Lender and Borrower, subject to the provision of paragraph 16 hereof. All cov¢nants and agreements o( Borrower shall be joint and several. Any Borrow¢r who co-sgns this Mortgaga, but does not exetute th¢ Note. (a) is co-signirsg th~s Mortgage only to mortc3ase, grant and conv¢y~ hat Borrow¢t's inter¢st in th¢ Prc~party to Lender under the terms of th~s Mortgage, (b) is not penonally liable on tfie t~tote or und~ this Mortgage, and (c) agrees that Lender and any other Bor- rower hereunder may agree to extend, modify, forbQar, or make any other accommodations with reaard eo thp rp~?~~ ~f th~s Nlongage or th¢ Note without that Borrower's cons¢nt and without releasing that Borrower or modifying th~5 Mor- tgage as to that Borrower's interest in the Property. 12. NoNce. Except tor any notice r¢quired undar applicable law to be givet~ in anoth¢r mann¢r, (a) any notice to Borrower provided for in th;s Matgage shaA be given by d¢livering it or by mailing such notice by c¢rtified ma~t addressed to Bonower at the Roperty Address ot at such otf~ address as 8ortower may designate by notlce to Lender as provided herein, and (b) any notic4 to Lender shall be given by certifiad mail to Lend¢r's address stated her¢in or to such other address as Lender may designat¢ by notice to Borrow¢r as provid¢d herein. Any nodce provided for in this Mortgage shall be de¢med to have been given to Borrower or Lender when giv¢n in the manner d¢signated h¢rein. 13. Governing i,aw; Severability. The state and loca! laws applicable to tfiis Mongage shall be the laws of the junsdict~on in which the Property is locat¢d. The foregoing s¢ntence shal! not Umit the applicabiliry of F¢d¢ral law to this Mortgage. In th¢ event that any provision or etause of this Mortgage or tha Note conflicts with applicable law, such conflict shall not aHect other provisions of this Mortgage or the Note which can be given eff¢tt without the conflicting provision. and to this end the provisions of this Mortgage and the Note ar¢ declared to be s¢verable. As used herein, "cosu". "expenses" and "attom¢ys' f¢es" include all sums to the ¢xt¢nt not prohibited by applicable !aw or limited herein. 14. ~orrower'~ Copy. Borrow¢r shaU be fumishad a conformed copy of the Note and of this Mongage at the time of execution or aher r~~a~~ation hereof. 15. Rehabilltation Loan Agreement. BoROwer shafl fulfiq aU of Boriower's obligations under any home rehabilitation, improvement, repair, or other loan agr¢ement which BoROw¢r ent¢rs into unth Lender. Lender, at ' Lender's option, may require BorTOwer to execute and d¢liver to Lender, in a form acceptable to Lender, an assgnment of any nghts, daims or defenses which BoROwer may have against parties who s~ly labor, mat¢rials or services in con- nect~on wiih improvements mad¢ to th¢ Prop¢rty. 16. Transfer ot the Property. I( Borrower sells or transfers all or any part of the Properry or an interest there~n. ~ excluding (a) the creation Qf a li¢n or ¢ncumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon th¢ death of a joint t¢nant, or (c) the grant Qf any leasehold interest of three yenrs or less not con- taining an option to purchase, Borrowar shaU cause to be submitted in(ormadon required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower witl contirwe to be obiigated under the Note and ~ this Mortgage unleu Lend¢r releas¢s Borrowar in writing. ; !f Lender, on the basis of any information obtainad regarding the transfaree, r¢asonabty datermines that Lender's s security may be impaired, or that thare is an unace¢ptable likelihood of a breach of any covenant or agreement in this ; Mortgage, or if the required information is not submitted, Lender may declare all af the sums secur¢d by this Mortgage to ' be immediately due and payable. lf L¢ndar exercises wch option to accel¢rate, Lender shall mail Borrower notic¢ of acceleration in atcordance with paragraph 12 hereot. Such natice shall provid¢ s period of not less than 30 days from ~ the date the notice is mailed or deliv¢red within which Borrower may pay the wms d¢clarad due. If BoROw¢r fails to pay ~ such sums prior to the ¢xpiradon of such p¢riod, Lender may, without fucthar notice or demand on Borrow¢r, invoke any remedies permitted by paragraph 17 hereof. F NON•UNIFORM COVENMfTS Borrower and Lend¢r furth¢r covenant and agree as follows: ~ 17. Acceleratlon: Remedies. Fscept aa p~ovlded In paragrsph 16 hereof. upon Barrower's bre~ach of € any covenant or agreement of Sorrowu In this Mortgage. Includtng tb~ eovsna~ts to pay a h~en due an~~ ~ suma secwed by this Mortsase. Lender pcior to acceleratlon shaU ~ive notlce to Borrowdr u preWded in paragraph 12 hereol ypecUyt~: (1) the breath; (2) the actloe re~uired to curs such breac~: ~ date, noi ~ less than 10 days trom the date and notlc: ia mail~d to Barrower. by wrhicb such brsac5 mus3 be cur~d; ¢ and (4) that fatlure to cure such breach on or belore the dats speclAed W the notlce may tesult In accelera- • f tion of the sums secured by thts Mortsage. toreclosure by judlcia! procetdfng. snd ssf~ oi the Property. € The notlce shaU turther Inionn Barrower of the rlaht to relnstate aher seceleratlon and che right to assert In ths toreclosure procecdtns the nonex[stence of a delault or aay other defense ot ~orrawir to sccclera- ~ tion and ~arcclosure. U the breach Is not cared on or betore the dat~ specl~ed in the eottsE, I..~nder. ~t ` Lenda's opNon, may decia~e aU of tl~e sums secured by thla Mortga~ to behn~aedlately due an~ payable ` wfthout further demind and may ioreclose tl~ls Mortgage by judlcial proceedins. l,enda shalE be enttded to collect In sncb proceedl~g ap expenses oi lorecJoaur~. Includlns. biat not !!mlted to. resso~abte at- torneys' iees, court cosb. cost of documcntary svfdsnce, abstracts ani tlUe rsports. l8. Borrawer's RIg6t to RtinsLtt. Notwithstanding Lender's acce{aration of the sums secur¢d by this Mortgage due to Borrow¢r's brQach, B~orrow~s sha~ ha~Q the ~ight to havt any protetdings begun by [.~nd¢r to enforcg th~s Mortgage discontinued at any time prior to entry of a judgmant entorcing this Moctgaga if: (a) Borrowar pays Lender all sums which would be then due unda th~ Ma~fgage and tfie No~te had no acctlerat'son occurred: (b) Borrower cures a!I breaches ot any oth¢t covenanis or agraQm~nts of Borrow~r ~ontained in this Mortgage; (c) Borrow¢r pays all r¢asonable exp¢nses incurr¢d by L¢ndet in enforeing the covanants and agr¢ements of BorrowQr contained in this Mortgage, and in enforcing L¢nder's r¢medies as providad in paragraph 17 h¢reof, including, but not limited to, reasonable attomeys' fees and court costs: and (d) Borrower takes such action as C.endQr may reasonably requira to auure that the lien of th~s Mongage,.[.ender's irsterest in th¢ Property and Borrow¢r's obligation to pay the sums secured by this M~rtgage shall continue unimpairQd. Upon such paym¢nt and cure by Borrower, this Mortgage and the obligations setured hereby shall = remain in full force and eHect as if no acc¢leration had occured. 19. Asslgnment ot Rents: Appolntraent of Rectivtr. As additior~al seturiry hereunder. ~orrower hereby ass~gns to Lender the rents of the Properry, provid¢d that Borrower shall, pnor to accelerahon under paragraph 17 hereo( or abandonment of the Property, have the *ght to collect and retain such r¢nts as they become due and pAy~ble Page Three of Four r : n" 8~:,lt ~ ~5 rA`.; - _~~z_ ~.W,.~P.~~