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�,�;.TM <br /> M-�a � k:. . .. � <br />�`� .. . . . . �. . . . . : . . . . . . . . . . � . . . . € „gs, .�,�!�'�i� . . . . . � � � Z <br /> 3 <br /> � � . ' PM�„} . . . � � <br /> not extend or post.pone the due date of the inonthly installments referred to in paragraphs 1 and 2 13ereof or <br /> change ,the amount of such installmenta <br /> � <br /> 10. BorrowerNot Reteased. �xtension ' of the tiine for �m,yment or modification of amortization of the sums <br /> secured by this ivlortg� ge granted by Lender to an,y successor in interest of Borrower shall no 't operate to release, <br /> in any in2nner, the ']iability of the original Borro�ver a,nd T3or�`o�ver's successors in intecest. Lender shal] not be <br /> required to commence proceedings against sucl� successor or refuse to extend time for payment or otherwise modify <br /> amorLization of the sums secured by tliia \Iortgage I�g reason of any demanii made by the original Borrower and . <br /> , � C, Borrower's successors in interest. ' <br /> 11. Forbearance by Lendez Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> , �' hereunder, or otlierwise afforded by ap�licable law , shall nut be a waiJer of `or preclude the exercise of any right � <br /> �" or remedy hereunder. The procurement of insurance or the payment of taxes or otlier liens or 'charges by Lender , <br /> �' � shall not be a wsiber of Lender'sright to accelerate the maturity of tlie indebtedness secured by this '1VIortgage. <br /> �' 12. Remedies Cumulative. All remedies provided in t1�is \4ortgage are distinct and cumulative to any other <br /> ` ` " right or remedy under this ' llortgage br- iifforded hy It��c• �r ec�iiit�� , an<� u�ay ISe exercised concurrently, independ- <br /> ^ ently or successivelY� <br /> A 13. Successors and Assigns Bound; Joint �d Several Liability; Captions. The covenants and agreements � <br /> herein contained shall bind , and the rights hereunder �liall inure to , the respective successors and assigns of Lendsr <br /> and Borrower, `subject to the provisions of puragrapli 17 l�ereoi. All covenants �nd agreements of Borrower shall ` <br /> be joint and several. Tlie captions and f�cadi»gs of tlie l�aragraphs of this 1lortgage are for convenience only ;and ' <br /> are not to be used to interpret or define tl�c provisions ]�ereof. � <br /> �' 14. Notice. Any notice to Borro�ver proaided for in this \3ortgage sfiall bc gi��en by mailing such notice by { <br /> certified mail addressed to Borro�ver at the Yropercy .�ddress stated helo�v, except. for anv notice required under <br /> ' s paragraph 18 hereof to be given to Borrower in tGe mauner ��rescribed by applicable law. Any notice provided S <br /> For in this \4ortgage shall be deeined to huti�o been given to Borro���er �vhen givcu in che manner designated herein : <br /> 15. Unifozxn Mortgage; Goveming Law; Severability. 'I'liis form of mortgage combines uniform covenants <br /> for national use and non-uniform covenants witl� ]imited ��ariations by jurisdiction to constitute a uniform secu- <br /> d rity instrument covering real property. This \Iortgage shall be governed t�y the lan• of the jurisdiction in which <br /> the Property is Iocated . In the event that any provision or clause of this \4ortgage or the Note conflicts with <br /> applicable law, sucli confiict shall not affect otl�er ��rovisions of this \iortgage or the Note �vhich can be given <br /> effect without the conflictiog provision , and to this end tlie provisions of the tilortgage and t}te Note are declared <br /> to be severable. <br /> , � 16. Borrower's Copy. Borro�ver shall Ue furnisheci � conformed copy of this �fortgage at the time of execu- <br /> tion or after recordation hereof. <br /> 17. Transfer of the Property; Assumptiott. It all or any part of the Property or an interest therein is sold <br /> or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum- <br /> �:; brance subordinate to this \4ortgage, ( b ) the creation of ci purchase money security interest for household appli- <br /> anoes, (c) a transfer by devise, descent or by operation of la«� upon the deuth of a joint tenant or (d ) the, grant of ; <br /> any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, ; <br /> "' declare all the sums secured by this Mortgage to be inunediate]y due and pnyable. T,ender shall have waived such � <br /> ! option to accelerate if, prior to, tl�e sale or transPer, Lender aud t6e person to wliom the Property is to be sold or <br /> � transferred reach agreement in tivriting tl�at tiie credit of sucli ��erson is satisfactory to Lender and tl�at the interest <br /> payable on the sunis secured by this Mortgage sl�all be at sucli rate as Lender shall request. If Lender has wai��ed ` <br /> � the option to accelerate provi3ed in this paragrapli 17 und if I3orrower's s:�ccessoi• in interest has executed a writ- <br /> ;� ten assumption agreement xccepted in �vriting by Lender, Lender shall release Borrower from all obligations under <br /> � this Mortgage and the Note. ; <br /> � � If Lender exercises sucli option to accelerate, Lender shall � uail Borrower notice of acceleration in accordance ' <br /> with }�aragraph 14 hereof, Such notice s1�aI1 provide a period of not less t.l�un 30 days from the datc the notice is ' <br /> i tnailed within which Borrower may pay- the sums declared due. If Bori•ozver fails to pay such suins prior to the <br /> expiration of such period , Lender mny, without. fw•ther notice or demand on B'orrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> ? IvT02.'-UNIFORDf CovExa�. xs. Borrower and Lendei• furtlier covenant and ag•ree as Follows : <br /> :� <br /> 18. Acceleration; Remedies. i,�cept as pro�•idecl in � �nrugru��h 17 hcreof , upon Borrower's hreach of any <br /> covenant or agreement of Borrower in t3�is tlortgagc , incluJing t1�c covenants to pay �xhen duc any sums secured <br /> b}� this Dlortgage, Lender l�rior to accelei.ztion slial ] mnil noticc to Borro��•er as � �rovided iii paragrnplr 14 I�ereof <br /> s specifying : ( 1 ) the breach ; ( 21 the nction required to cure �uch breach ; 13 ) a date , not Iess than thirt,y days <br /> a from the datc thc notice is mailed to I3orro��•cr, by ���6ich .ucli brcach n�ust bc cureci ; and (41 that failurc to cure <br /> such �reach on or before the date specified iu the notice ivay i•esu1C in accelertttion of tlie su�ns secured by this <br /> � 1VIortgage and sale of the Property. If the breach is not cured o❑ or before the date specified in the notice, Lender <br /> . at Lender's option �nay declare all of tllc swns secured by this \4ortgage to be im�nediately due and F�ayable <br /> � � q withoutSurther demand snd may foreclose this \�Iortgage b,y juc9icial proceeding. Lender shall be entitled to colleot � <br /> in such proceeding sll expenses of foreclosure , inclucling, but not limited to, costs of documenkary evidence, <br /> r abstracts and tit]e reports. <br /> > 19. Borrowei s Right to Reiastate. 1'otwitl�standing I.ender's acceleration of the sunis secured by this <br /> t Mortgage, Borrower shall have the right to have any proceedings begun by 7.endcr to enforce this \�fortgage dis- <br /> ', continued at any time prior to entry of a judgmeni enfoxcing this \4ortgage if : (al Borro«�er ��ays Lender all <br /> a sums which would be then due under this �fortgage, the IVote <ind notes securing Futuee Advances, if any, had no <br /> ^ acceleration occurred ; ( b ) Borrower curee all breaches of an}� otl�ei• co�•en:ints or ugrce�nents of Borrow�er con- <br /> tained in this Mortgage ; {c ) Borrower pays ull reasonublc ex��enses incurred by I.ender in enforcing tLe covenants <br /> and agreements of Barrower cont.ained in thi� 3to�tgnge :md in enforcing Len�9�r's remedie� as provided in para- <br /> a graph 18 hereof, including, but not ]imited to, reasonaU] e attornep'� fees ; and id ) I3orrawer takes such action as <br /> Lender may reasonab]y require to assure that the lien of this \lortgagc, Lender's interest in the Property and <br /> •' Borrower's obligation to pay the sums secured by thie �iortg:lge �halt continue imimpHired. Upon such payment ° <br /> � and cure t�y Bormwer, this Mortgage and the obli�ations necured hembp sF�xll re�nain in full foi•ce and effect as if _ <br /> no acceleration had' ocourred. „ �- <br /> iZ0. Assigament of Reats; Appoiataieai oi Receiver, Lender in Possession. As sdditional security here- E, ,,. �*� <br /> under, Borrower here6y assi�ms to Lender the rents of t(ie Properiy . proa�ided that Borrozver shaIl, prior to acceler ` + <br /> ation under paragraph 1S hereof or abandonment of the Property; h:ice tlie right to collect and retain such Tents ' � � <br /> � sa they become due mnd payable. ' � .�a�" <br /> ' Upon accele�ation under paragrapl� 18 hereof or ;tbandonment of the Yroperty; I•ender, in person , Uy agent . � ' <br /> or by jt�Miciaity appo:nted receiver. sha23 bc entitled to enicr upon , take . possessioii of an�l ivanage tLc Propei•ty <br /> and to collect the rents of the Yropert�-, includin� thosc past duc: All renYs collecteci hr Zenc:cr or the r�cciver <br /> shall be applied first to payment of the costs of inannge�nent of the Pirof>eriy and collection of rents, inclndinK, but �� <br /> not limited to, receiver's fees, premiums on receiver's boncls anci reason.able uttorney's fee�. and then to ihe sums <br /> secnred by this Mort�s�e_ Lender and the receiver shxll he lixbie to a�co�mt orilv for tho�F rent� arrunllv r���ivc��i . <br /> . , <br /> � <br /> _ �_ d � <br />� . <br />� <br /> � � <br />