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�, <br /> � •: <br />�x ; <br /> �: . <br />�,.�- ( < <br />� _ "` ""�� <br /> � � . y� � <br /> not extend or postpone the due date oi ti�e montlil�• instrilhnent� refcrred to in p.�rngrapl�s l. and 2 hereof or <br /> change the nmount of such installments. <br /> 10. Borrower Not Released. Extension of thc tinie for payment or ruodification of smort.ization of the sums <br /> secured by tliis \Sortgage granteci by I.ender to uny successor in interest. of Borrower shall not .operate to release, <br /> in any maiiner, the liabilit,y of tlie original 13orrower and 13on•ower'� �uccessor, in interest. I.ender shall not be <br /> ^� required to commence proceedings against, such successor or refuse to eztend time for payinent or otherwise modify <br /> ....r amortizntion of the sums secured by this \lortgage by reason of �lny cie�nand wade by the original Borrower and <br /> � �r Borrower's suecessors in interest. <br /> �; 11. Forbearance by Lender ldot a Waiver. Any forbearauce by Lender in exercising any right or remedy <br /> �, hereunder, or otherwise afforded by applicable lu�v , shall not be :� waiver of or preclude the exercise of any right <br /> —� or remedy hereunder. Tlie procure:nent of insui•ance or the payment of iaxes or other liens or charges by Le�der <br /> �.: <br /> � shall not be a ���aiver of Lender's rigllt to accelerate the in�turity of the indebtsdness secured by this b4ortgage. <br /> ry 12. Remedies Cumulative. all remedies provided in t]�is \4ortgage are distinct and cumulative to any otl�er <br /> , 1`� right or remedy under this �Iortgage m• afforded 6c la«• or equity, an<i ii�sy be exercised concurrently , independ- <br /> ently or successively. <br /> 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br /> herein contained shall bind , and the rights l�ereunder shall inure to, th� respective successors aud assigns of Lender <br /> and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and sgrecments of Borrower shall <br /> be joint and several. The captions and headings of tl�e paragraphs of tliis \tort.gage are for convenience only and <br /> are not to be used to interpret or define tlie provisions I�ereoL <br /> 14. Notice. Any notiee to Borrower ��rovide<! for i+a `tliis \1or'tg:2be sl1s1! be giver: by :�tniling st�ch notice by <br /> certified rnail addressed to ]3orrower at the Property 1lddress stated belo�v , except tor xny notice required under <br /> �>aragraph 18 hereof to be given ta Borron•cr in the �nanner �� rescribed by a�pplicablc luw . Any notice provided <br /> for in this \Iortgage shull bc deetned to l�avc bcen given to Borroti+�er «�hen given in tt�e inanner designated herein. <br /> 15. Uniform Moztgage: Governing Law; Severability. '1'his foem of mortguge combines uniform co��enants <br /> for national use and non-uniform covenants witli litnitec{ variations by jurisdiction to constitute a uniform secu- <br /> rity instrument covering real property. This \Tortgsge shall be governed by tl�e la�v of the jurisdiction in which <br /> � the Property is located. Im the event that nny provision or clause of this Mortgage or the 1Vote conflicts with <br /> applicable law, such conflict shall not affect, otl�er provisions of this \lortgage or the Note which can be given <br /> effect without the conflicting provision, and to this end the provisions of the 1Qortgagc and the Note are declared <br /> to be severable. <br /> 16. Borrower's Copy: Borrot�•er shall be furnislied a confortned copy of this :�fa•tgage at tlie time of execu- <br /> tion or after recordation hereof. <br /> 17. Transter of the Property; Assumption. If all or any i�r�rt 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 Mortgage, ( b) tl�e creation af a purchase money security interest for household appli- <br /> ances, (c) a transfer by devise, descent or by operution of ]ss«• upon the deatl� of a joint t.enant or (d ) tl�e grant of <br /> any leasehold interest of three years or less not containing an option to purchase , Lender may, at Lender's option, <br /> w declare all the snms secured by this �fortgage to be iiniuediately ciue .ancl payable. Lender shall hnve waived such <br /> option to accelerate if , prior to tlie sale or transfer, Lender �ind the person to whom the Property is to be sold or <br /> transferred reach agreement in writing tl�at the credit of such person is satisfactoiy to Lender and that the interest <br /> payable on the sums secured by this 1Qortgagc shall be at sucl� rate as Lender shall request. If Lender has waived <br /> the option to :�ccelernte provided in this paragraph 17 und if I3orro�ver's successor in interest• has executed a �vrit- <br /> ' ten assumption agreement accepted in writing by 1.ender, Lender shall release Sorrower fro�n sll obligations under <br /> this Mortgage a,nd the Note. <br /> � If Lender exercises sucl� option to accelerute, Lender shal ] ±nnil I3orrower notice of acceleration in accordance <br /> ' xvitli paragraph 14 hereof. SUch notice shall provide a period of not less tl�an 30 days from the date the notice is <br /> ivailed within which Borrower tnay pay tlic swns dcclared clue. lf Borrower iails to pay sucl� suins prior to the <br /> expiration of such period , Lender �nay, without further notice or demand on B'orrower, invoke any remedies per- <br /> � <br /> mitted by paragrsph 18 hereof. <br /> \'ox-UxirohM CovExwrTs. ]3oi•i•ower a �id Lendei• furtl�er covenant a�id anree a5 follo�vs : <br /> ' 18. Accelezation; Remedies. Except us pro��ic:le<t in pairagr.i� �li 17 hereof , upon Borro«�er's t,reac6 of any <br /> covenant or agreement of Borro��•er i�� tl�is \fort��lge , including U�c covenants to pasy u�hen due � any sums secured � �. : ' . � . � <br /> by this �Iortgage, Lender ��rior to acceleration si�all maiil nofice to E3orro�ver as pro�•ided iii �i�ra6raph 14 ]�ereof <br /> specifying : ( 1 ) the breach ; (21 the action rcyuired to cure such breacl� ; 13 ) a date , tiot less tt�ssn thirty days <br /> from t.he date the notice is �nailed to I3on•o�ver, I >�� �cl� ich cucl � brcnch �uust be cured ; and ( 4) that failui•c to cure <br /> such breach on or 6efore the date s��ecified in tl�e notice may i•esult. in acceleration of the suins secured by tlii� <br /> Mortgage 3nd sale of the Property. lf the breach is not cured on or before til�e date specified in the notice, Lender <br /> at Lender's option way declam all of t,he ,ums secaxred by this \Sortgagc to be imu�ediately due and payable <br /> without further demand and �nay foreclose this \fortgage by ,judiciul proceeding. Lender shail be entitled to collect <br /> in such proceeding all expenses ot foreclosure , incliiQing, but not limited to, costs of docu�neniary evidence, <br /> abstracts and t.itie reports. <br /> 19. Bonower's Right to Reinstate. Notw�itlistanding Lender's acceleration of the sums secured by this <br /> Mortgage, Borrower shall have the rigl�t to ha��e any proceedings begun by Lc:ndcr to enforce t.l�is �lortgage dis- <br /> continued at any time prior to entry of a ,judgment, enfoxcing thi: \Iortgage iL- (a l Borro�cer pays Lender all <br /> sums which would be then due under this lfortgage , the Note and notes securing Fucure Ad��ances, if any, had no <br /> acceleration oecurred ; ( b ) Borrower cures ull hret�ches of an}� other co�•enants or agmetnents of Borrower con- <br /> tained in this 1�4ort�age ; ( c ) Borrower pays all reasonable expcnses incirrred b}- I.endcr in enforcing the corensnts <br /> � and agreements �of Burrower contained in this \�Ior�gzige xnd iu eniorring Lendcr's reu�edies i�s proviueu in yara- � <br /> graph 18 hereof, including, but not limited to, reasonable attornev'� fec� . eind ( d ) I3orrow'er t.akes such action as <br /> Lender may reasonably require to assure tUat thc lien of this \lortgage , I.ender', interest in the Yroperty and <br /> Borrower's obligation to pay the sums secumd hy thi. \Iortgage �hxll continue uniuipaired. U{�on such payment � <br /> and cure by Borrower, this Mortgage and the obligation� :ecured l�ereb�• ,l�all rernaiu in full force an<i effect as if , '"'�� � <br /> , o, � , <br /> no aeceleration hsd occurred. ' ' �t `"� ° "� H <br /> � 20. Assigatnent of Rents; Appointtuent of Receiver; Lender in Possession. Aa addit.ionul securit,y here- ' ^� <br /> under,Borrower hereby sssigns to Lender the rents of the Property, providcd tliat IIorro�ver �hall , prior to acceler- . <br /> ation under paragraph 18 hereof or abandonment of tlie Yroperty, have tl�e right to collect and retain such rents i.�_ " <br /> as they become due and payable. <br /> _ - Upon acceleration under paragrapl� 18 hereof or aibandonment uf the Yropertv , Lender, iu person , by ugent <br />�, or by judieially appointed receiver shall be entitled tp enter upon, take possecGion of and irranxge the Yroperty <br /> and to eoliect the rents of the Yronerty , including those f�ast. due. � Il rents colleeud by Lender or the receiver <br /> shall be applied first to payment of the costs of management of tl�e Property and collection of rents, including, but. <br /> not limited to, receiver's fees, premiutns on receiaer 's bond� and reasonable ,ittorney 's fee�, and then to the sums <br />� � �� � eeeured by this liortgage. Leiider axsl 61�e reeeiver eLxl] bc li:sbin tu a��couuL uiily fur tlw,� r�:ut, act:�ulh• reecic'ecl. ( <br />�.. � _1 <br />�� J <br />