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,�' ,-� <br />,� �; . <br />�u� :� <br /> � v�'� <br /> • _ <br /> „�� _ _ _ �. <br /> �?. : "-;f ,. <br /> not extend or postpone the due aate ni thc monthly instnil�nents referred to iti paragraphs 1 :tnd 2 hereof or <br /> � change the a:r.ount• of such installments: <br /> �,j 10. Borrower Not Released. �xtension of the titue for �riyinent or �nodification of amortization of the sums � <br /> OQ secured by this Mortgagegranted I�v Lender to an,y successor i�� 'it�terest of Borrower shall not .operate to release; <br /> � in any inaniier, ttie liability`of the original Borro�ver und Bon•owm�'s successors in interest. Lender shall not be <br /> ' � required to commence j�roceedings against sucli successor or refuse #o extend time for payment or otherwise modify <br /> �, �^�,, amortization of the sums secured by this \lortgagc hy �'eason ot any decnai�d inade by the orisinal Borrower and <br /> � ` Borrower's successors in interest. <br /> � 11. Forbearance by Lendez Not a Waiver. Any forbearance 'by Lender in exercising x�ny right or remedy „ <br /> hereundec, or otl�erwise sffoeded Uy applicable law, shali not be u waiver of or preclude the exezcise of any right <br /> � or remedy hereunder: The procurement of 'insurance or the payment of taxes or other liens or chnrges by Lender �' ° <br /> shall not be a waiver of' Lender's right tio accelerate tlie maturity of tl�e indebtedness secured by' thie Mortgage. <br /> 12. Remedies Cumulative. t111 remedies �irovide�l in this A'Lortgage are distinet and cumulative to any other <br /> right or remedy under this 3lortgage or ai�orded by la�v or equitv, nnd may 1>e exercised epncurrentty, independ- <br /> ? ently 'or successively. ' <br /> ,, 13. Successors cmd Assigns Bound: Joint andSeveral Liability; Captions. The covenants and agreements <br /> herein contained shall bind, and the right,s Lereunder shal l inure to, t6c respectivc successors and assigns of Lerider <br /> and $orrov.•er, subject to the provisions of par�graph 17 l�ereof. All covenants and agreements of Borrower eliall • <br /> � be joint and severul_ The captions and l�eadings of the p:a,ragrc�phs of tl�is \Iortgage are for convenience on2y and ' <br /> i are not to be used to interpret or define the provisions hereof. <br /> 14. Notice. Any notice Co Borrowei• proc-i<ied foi• in this �toi•igage siialt t�e given by maiting sucL notice by <br /> certified maii addressed to Bnrrower at khc Property Address stuted belo�a , except for any notice required uiider <br /> f�aragrspli IS hereof to be given to Boi•ro��•er iu thc innnner ��resci•ibed by applicable la�v. Any notice provided ; ` <br /> for in this \Iortgage shall bc deemed to l�avc been given to Borro���er `a�hen given in tl�e manner designated herein. <br /> 15. Unifozm Moztgage; Goveming Law; Severability. This form of mortg�ge combines uniform covenants <br /> for national use und non-uniform covenants �vitli limiteci vnriations by j urisdiction to constitute a uniform secu- <br /> rity instrutnent covering re�l property. This \Iortgage shall be governed by the la�i� of the jurisdiction in which <br /> the Property is focated. In the event that any provision or clause of this 14ortgage or the Note conflicts with` <br /> applicable lav.�, such conflict shall not affect otl�er provisions ot this \7ortgage or tlie 1Vote which can be given <br /> effect without tl�e conflicting provision, and to this end the �>i•ovisions of the Vtortgage and the I`Tote are declared '. <br /> to be severable. ; <br /> 16. Bozrowei s Copy. Borrower shall be furnislied a conformed copy of this D4ortgage at tlie time of execn- � ' <br /> tion or after recordation liereof. <br /> 17. Traasfez of the Property; Assumption. If all or any p�rt of the Property or un interest therein is aold � <br /> or transferred by Borrower without Lender's prior written consent, excluding (a ) the creation of a lien or eneum- <br /> brance subordinate to this bYortgage, ( b ) the creation of a purchasc Ynoney security interesb for household appli- <br /> � ances, (c ) a transfer by devise, descent or by operation of ] ti��• upon the death of �. joint tenant or (d ) the. grant o£ <br /> any leasehold interest of three years or ]ess not containing �n option to purchase, Lender may, at Lender's option, <br /> , declare all the sums secured by this Mortgage to be iinmediately due .ind payable. Lender shall have s�aived such <br /> option to accelerate if, prior to t]�e sale or transfer, Lender and ti�e person to whom the Pi•operty is to be sold or <br /> ; transferred reacii agreement in writing tl�at the credit of such person is satisfactory to Lender and that the interest ` <br /> t paysble' on the sums secured by Chis tilortgage sl�all be at sucli iate as Lender shail request. If Lender has waived <br /> " the option to accelerate provided in this paragrapl� 17 and if Ba•rowe�'s successor in interest has executed a writ- <br /> ten assumption agreement accepted in writing by Lender, Lender shall release Borrower fro�n 311 obligations under <br /> this Mortgage and the Note. <br /> If Lender exercises sucl� option to aecelerate, Lender sliall enail Bm•rower notice of acceleration in accordance <br /> with paragraph 14 hereof. Such notice shall ��rovide a period of iiot. less tl�an 30 days from the date tlie notice ie <br /> mailed within whicii Borrower may pay the swns declared duc. If I3orrower fails to pay such sums prior to the <br /> '. expiration of such period , Lender inay ; �vithout fwtlier notice or demand on B�orro�ver, invoke any xemedies per- � <br /> ? ' initted by paragraph 18 kiereof. <br /> 1�'ox-iJ *riFoxnz Cov�xn:.Ts. Borrowe �• and Lender furtlier covenant and ag•ree as fo]lous ; <br /> ; ] 8. Acceleration; Remedies. Except as procidcd in pziragrn� �h 17 hereof, upon Boi•row�er':; 6i�each of uny <br /> ^. covenant or agreement of Borrou•er in this �lortgx�c, includin� tlie coven2nts to pay ���hem duc any sums secured <br /> z by this �iortga�e, Lenc�er prior to ucceleiation ,h�ll mail notice t.o Borro���cr as �n•ot•ided in ��aragrapl� 14 hereof • <br /> ; cpecifyingi ( 1 ) the k�reach ; (2) tl�e .action rec��irecl to cure such brer�cl� ; ( 3 ) a date, not less than thirty days ' <br /> � from the date the notice is n�uiled fo I3orron�er, by xhic6 �ucl � bre.icli must be cured ; and (41 fhat failure to cure <br /> such breach on or before the date specified in the noticc �nay result in acceleration of the sums secured by this <br /> A'iortgage und sale of the Property . If the bre�cl� is not cured on or beY'ore the date specified in tl�e notice; Lender <br /> at Lender's opt.ion niay declare all of th� sun�s secured by� this �lortgage to be immediatcly due and payable <br /> without further demand snd may foreclose this 1lortg.ige by ,iudicial proceeding. Lender shall be entitled to collect <br /> in such proceeding all expeuses of foreclosure, indudiiig, hut not lin�ited to , costs of docu�nentary evidence, <br /> � abstracts and title reports. <br /> 19. Borrower's ffight to Reinstate. i�'otwitl�standing I.ende�'s uccclerution of the sumc secured by this <br /> Mortgage, Borrower shall have the right to have sn,y proceedings begtm bv Lendcr to enforcc this Afortgage dis- <br /> continued at any time prior to entry of �, judgn�ent enfo�cing this \fortgage if : ( al Borrower psys f.ender all <br /> sums which would be then due under this '�iortgage, the I�Tote anct notes securing Future Advances, if any, had no <br /> scceleration occurred ; (b ) Borrower curee all breache� of any other cocenants or agrcements of Borrower con- <br /> tained in this Moi�tgage ; (c) Borrower pays all reasonablc expenses incurred hy 7.ender in enforcin� t.he covenants <br /> and agreements oS $orrower contained in t6is \-lortgage and iu enforcing I,ender', remedies as I>rovided in para- <br /> graph 18 hereof, including, but not limited to, reasonable attorney'� ieea ; and Id ) Borrower takes such action as <br /> Lender may reseonably require to s�ssure tUat the lien of this \lortgagc , I.ender's interest in the Property and c <br /> Borrower's obligation to pay the sums secured by this \4ortgsge shall conkinue unimpaired . Upon such payment <br /> and eure byBorrower, this Mortgage and the obligations �ecured lsereb�� shall remain in full Sorce and effect as if , ,, � ... , � " ��, , <br /> no acceleration had occuzred, w � � �,� "" <br /> 20. Assigsiment o! Renta; Appoiatment of Receiver. Lender in Possession. as additional security hete- ' ` '�� ` <br /> '' } under;Borrower hereby assigns to Lender tl�e rents ot the Property. ��ro�•icled tl�at. Borrower shall , prior to aeceler- , �`,� �� <br /> � ation under paragrapb 18 hereof or abandonment of the Property, ha�•c the right to collect snd retain such rents <br /> � as they become due and }�ayable. � � = �� �'� �e: <br /> Upox� aceeleration under paragrspl� 18 hereof' or sb�ndomnent �f the Yrofwi•ty, L?nder, in ;�er�on , by �gent <br /> :; . ., s <br />� , . , . , <br /> ' or by judicially appointed receiver shall be entitled to enLer aipon , take �,o�s� .�ion of and mxnHge th� Pmi,ert.y <br /> and to eollect the rents of the Property, 'includitlg those l�ast due. _all rents collected hy Lender or the receiver �`" '' <br /> shall be applied first to payment of the costs of inanagement of thc Property snd collection of rents, including, tiut. <br /> not limited to, reeeiver's fees, premiums on reeeiver's boucis anci rcasonxble attornev 's fecs, and then to the sums <br /> � secured by this A4ortgsge. Lender and the recei��er sGall be fiable ta account onl� for those rents actusllq received . <br />� � <br />� ` <br />