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`�"° �� �.. <br />�` � , ,� t <br /> � <br /> . , <br /> r� -�; i <br /> . . <br /> _ <br /> � <br /> w-.�� , - � <br /> � ' ,:.,; <br /> not extend or posGpone tl�e due date oi t}�e inon 'tlily instslln�ents referred to in paragraphs 1 and 'l hereof or <br /> cha,nge the amount of such installments. <br /> I 10. Borrower Not Released. L;xtension of the tiine for psyinen� or modificstion of arnortization of the sums <br /> secured by this Vlortgage gra.nted by I..ender to any successor in interesf of Borrower shall not operate to release, <br /> in any manner, the liability of the original 13orro��•er and ]3orrower;s successor� in interest. Lender shall not be <br /> ' required to commence proceedings against sucli siiccessor m� refuse to extend time for payment or otherwise modify <br /> ("" amortization of the sums secured by this \Iortg�ge l�y reason of any demand made by the original Borrower and <br /> J ' ; Bprrower's successors in inieresi. <br /> 11. Fozbear�ce by Lender Not a Waivea r�ny forbearauce by Lender in exercising any right or remedy <br /> � liereunder, or otherwise afforded' by applicable la�r; shall not he a. �vaiver of or preciude the exercise of any right <br /> !!J orremedy hereunder. The procurement of insurance or tl�e payiuent of taxes or other liens or charges , by Lender <br /> I`�- shall not be a waiver af Lender's right to sxccelErate the inaturiCy of Clie ivaebtec3nees �ecured by this iLIortgage. <br /> , r• : 12. Remedies Cumulative. - All remedies �>rovided in tl�is \4ortgage are distinct and cumulative to any other <br /> ; lf. : rieht oT 1'eci3edV undCr this t'IOTteseC or �tffo[ded by la��' p� � quii.y ; an�l m:�y hr ' ngP_rriggr� rnnrin•rantiv� indena�d_ i; ;' <br /> ' �.:, ' ently or successively. _ _ - s <br /> ' � 13. Suecessors and Assigas Bound: Joint �d Several Liability; Captions. The covenants and agreements + <br /> � � herein conEained shall bind , and the rights liereunder shall inurc to, the respective successors and assignaof Lender <br /> i ^ snd $orrower, subject to the provisions of paragrnph 17 hereot. ?, il c,ovenants and agreements of Borrower shall <br /> � 1'\ be joint and several. The caption5 and headings of the pai•agrzplis of this 1lortgage are for convenience only and <br /> � are not to be used to interpret or define the provisions liereof. <br /> 24. Natice. Atty notice io Borrower provided foi• in tltis \iortgsge shall be �;iven by tnailing sueh notiee by <br /> ' certified mail addressed to Borrower at the Property Address stt� ted bclow, except fa• any notice required under <br /> paragraph 18 hereof to be given to Borro�cer in # he manner pre,eriUeci by applicr. ble law. Any notiee provided <br /> ' for in this 1lortgage shall be deerned to hav� been given to Borrower �shen given in the manner designated herein. <br /> 15. Uxsifozm Mortgage; Governing Law; Sevezability. This forin of mortgage comUines uniform covenants <br /> � for national use and non-uniform covenants with limitec{ variations by jurisdiction to constitute a uniform secu- <br /> i rity instrument covering real property. This \im•tgage shall l�e governed by tl�e la�;• uf tlie jurisdiction in which <br /> ; the Property is located. In the event [I�at any provision or clause of this l�Iortgage or the Note conflicts with <br /> k applieable law, such conflict shall not affect other l�rovisions ot this \Iortgage or t.lie Note which can be given <br /> � effect without the conflicting provision , nnd to this end the 1>rovisions of tl�e \lortgage and the Note are declared <br /> to be severable. <br /> 16. Bozrower's Copy. Borrower shall be furnished n conformed copy oF this �4ortgage at the time of execu- <br /> � tion or after recordation hereof. ; <br /> 17. TransEer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br /> por transferred by Borrower �vithout Lender's F�rior �vritten consent,, excluding (n ) the creation of a lien or encum- � <br /> � brance subordinate to this Dlortgage, ( b ) the creation ot a purchase money security interest for household appii- <br /> anees, (c) a transfer by devise, descent or Uy operation o1 la��• upon the death of a joint tenant or (d) the. grant of <br /> ` . any leasehoid interest of three years or less not containing a�i option to purch3se, Lender may, at Lender's option, <br /> , declare ali the sums secured by tliis DZortgage io be iininediately due and puyable. Lender stiall have waived such <br /> � option to accelerate if, prior to tlie sale or trnnsfer, Lender and tl�e person to whom the Property is to be soYd or <br /> � transferred reael� agreement in �vriting that the credit of such �>erson is saiisfactory to Lender and that the interest <br /> " payablebn the sums secured by this �Rortgage shall be at sucli rnte as Lender sha�ll request. If I.ender has waived <br /> � the option to accelerate provided in tl�is paragraph 17 and if 13orrowet's successor in interest has executed a writ- <br /> s ` ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from al! obligations under <br /> , this Mortgage and the Note. <br /> � If Tsender exercises sucli option to accelerate, Lender shall mail I3orrower notice of acceleration in accordance <br /> c ; rvith paragraph 14 liereof. Such notice shall provide a perioct ot not less tliun 30 days from the date the notice is <br /> � mailed within which Borrower may pay the sums declared duc. If Borrower f� ils to pay such sums prior to the <br /> expiration of such period , Lender may; �vithout fui�t,her notice m• deinand on B'orrower, invoke any remedies per- <br /> ? cnitted by paragraph 18 hereof. <br /> � <br /> ; Nox-LlxiFoa.ns CovFx:��:Ts. Bori•o�vei• a �icl Lendet• furt.lier coven�nt aud ag•i•ee a5 follows : <br /> � <br /> u 18. Acealeration; Remedies. Except �is pro�•icied in � �arabr:t� � li 11 liei•eof, u��on Borrower's breach of any <br /> � covenant or agreement of Borrow•er in tl�is \iortgagc , including tl�e covenants to ���y wlien cluc 3ny sums secured - <br /> � � � by this Alortgage, Lencier prior to accelei:ition shall mail notiac to Borro��er us � >ro�•ided in paragraph 14 hereof � � � � <br /> speeifying : ( 1 ) the t�re�cl� ; 1;2 ) the nction requireci to cui•c sudi breucl� ; ( 3 ) a date , not less t6ttn thirty days <br /> � frani the date the notice i4 mailed to 13orro�scr, by ��� Liicli sucli brcach must I�e cured ; and (.4 ) that failure to cure <br /> such breach on or Uetore the date specified in the notice inuy resiilt in acceleration o[ tl�c swns securnd by this <br /> '_�iortgage and sale of t��e Property. If tlie brez�d� is not cured oir or before the date specified in tl�e noiice, Lender <br /> at Lender's option may declare alI of the smns secui•ed by- this \-lortgage to be immediately duc and payable <br /> without further demand and may foreclose this �4ortgsge by juciicial proceeding. I,ender shalt be entitled to collect <br /> in such proceeding all expenses of forcclosurc, including, bitt not li�uited to, costs of docuinentary evidence, <br /> abstracts and title reports. <br /> ' 19. Bonowez's Right to Reinstate. 11'otw�ithstanding Lender's acceleration of the sums secured by this <br /> Mortgage, Borrower shall have the right to have any proceeding, begwi by Lendcr to enforce this l�iortgage dis- <br /> continued at any time prior to entry of u judgment enfokcing this \lortgage if : ( ssl Borro�ti•er pays Lender all <br /> sums which would be then due under this \ioi�tgagc, tlie Note nnd notes securing F uture Ad��ances, if an,y, had no <br /> acceleration occurred ; ( b ) Borrower cums all breackes of any other covenante or agmements of Borrower con- <br /> tained in this Mortgage ; �C � BOTSOWf7 �SyS 1II reasonahle expenscs incurred h}• Lender in cnforcing the coti•enants <br /> and agr�;mexits af Borruwer cont.ained in ihi� \Iurcgxigc ana in eniorcing Leuacr '` re�uedie: x� �iroviued in para- <br /> graph 18 hereof, including, Uut not limited to, reusonable a�tiorney 'e fee; ; aud Id l Borrower takes such action as <br /> ; Lende; may reasonably require to assure that. the lien oT this \lortgage, Lender's interest in the Property ssnd e, <br /> ; Borrower's obligation to pay the sums secured by this \lortgage shall continuc unimpaired . Upon such payment <br /> � and cuTe by Borro�ver, this Mortgage and tlie obligatiou� seeured hcreb�� sh:sil remxin in iull force and effect as if � � �. <br /> no acceleration had occuned. ^^5 �,y , *r ^+� ' <br /> 20. Aasi � ` � <br /> gnment of Sents; Appoiatmeat of Reeeiver; Leades in Possession. As additional security here- i-� <br /> � � under, $orrower hereby assigns to Lender tlie rents of the Propertt-, pro��ided tihat Borro�ti•er shall , prior to acceler- x�„ <br /> �•» ation under para.graph 38 hereof or abandonment of the Property , hac�e the right to collect and retain such rents h���"' <br /> ' �- as they 6eeome due and payable. '� y:; ,� , ^ <br /> , Upon aceelerAtion under ��aragraph 18 hereof or ab:indonment of the Yro}Serty , Lender. in �iersbn , by agent <br />� t or bv judicially ftppointed receiver shall fae entitled to enter ua?on , take pos�ession of und inana�e the Property <br /> and to co3lect the rents of the Yroperty; including those Past due. AJI r<�nts collected bv Lender or the receiver <br /> shal2 be spplied first to paymEnt ot the costs of management of the Property anr.l collection of rent., including, but <br /> not 3imited to, receiver's fees, premiums on rcceiver's bonc3= snd reasonable attorne,vs fee�, and then io the sums <br /> � s0cured by this i'Llortgxge. Leiider u,nd the i'dueivei� aLall Lis liaLlr to a�wuunL unly Cor ilivan reuta ncluisllv received. � � <br /> u <br /> � ;I � <br />� <br />� � <br /> a <br />