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_. <br /> � � <br />� .�.,,6 � . <br /> not extend or postpone the due dntc of d�c monthly instnllments referred to in paragraphs 1 and 2 hereoF or <br /> change the amount of such installments. <br /> 10. Boaower Not Released. Extenaion of the time far payment or modification of amortization of the sums <br /> •; secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not .operate to release, <br /> in any` manner, the liability of the original Borrower und Borro�ver's successors in interest. Lender shall not be <br /> � required to;commence proceedings against sucli successor or refuse to extend time for payment or othernise modify <br /> � amortization of the sums securnd by this \Iortgage by reaso�r oE sny demand mude by the original Borrower and <br /> ;l Borrower's successors in interest. <br />'. d � 11:, Forbear�ce by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedp <br /> t .�c hereunder, or otherwise afforded by applieable In�v, shali not be a wui✓er of or preclude the exercise of any right <br /> � m or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or chnrges by Lender <br /> i �, s6a11 not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> ; Q 12. Remedies Cumulafive. Ali remedies provided in tl�is J4ortgage are distinct and cumulative to any other <br /> e � right or resnedy under this Jlortgage or aRorded by la«� or cquicy, and may bc exercised concunently, independ- <br /> i ently or successively. <br /> � 13. Successors �d Aasigns Bouad; Joint �d Several Liability; Captioas. The coven�ints and agreements <br /> ` � herein contsined shall bind, and the rights hereunder shall inure to, thc respectivc successora and uasigns of Lender <br /> ^ and Borrower, subject to the provisions of paragrntih 17 hereof. �1I1 covenants ssnd agreements of Borrower shaII <br /> r be joint and sevetal. The captions and I�eadings of tl�e paragra��hs of this \ Iort�age are tor convenience only and <br /> are not to be used to interpret or define the provisions liereof. <br /> 14. Notice. Any notice to Borrower pro�•ided for in t}�is Jtortgage shull be gi�•en by mailing sucli notice by <br /> certified mail sddressed to Borro�cer at thc Property Address atated belo«�, except for uny notice required under <br /> paragraph 18 l�ereof to be 6iven to Borrow•er in tl�e �nanner �irescribed bp applicable la�s. Any notice provided <br /> for in this Viortgage shsll be deemeci to have been gi��en to Borro«•er �vhen gi�•en in the manner designated herein. <br /> 15. Uniform Mortgage; Goveming Law; Severability. This form oP mortguge combines uniform covenants <br /> for nstionai use and non-uniform covenants �vitl� limitecl variations by jurisdiction to constitute a uniform secu- <br /> riEy instrument covering real praperty. This \Iortgage shall bc �overned by the Iaw of the jurisdiction in which <br /> the Property is lacated. In the event that any provision or clause of this Vlortgnge or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions oi this Jlortgage or the Note which cnn be given , <br /> effect without the conflicting provision, and to this end the provisions of the �lortgage and the Note are declared - <br /> to be severable. <br /> 16. Boaowez's Copy. Borrower shall be furnished a conformed copy of this Mortgage ut the time of execu- <br /> tion or after recordation hereof. <br /> 17. Transfer of the Pzoperty; Assumption. If all or any part of the Property or an interest therein is sold <br /> or transferred by Borrower without Lender's prior writter� consent, excluding (a) the creation of a lien or encum- <br /> brance subordinate to this \4ortgage, ( b ) the creation of a purchase money security interest for household appli- <br /> ances, (c) a transfer by devise, descent or by operation of la��• upon the death of a joint tenant or (d) the_ grant of = <br /> any ]easehold interest of three years or less not containing �.n option to purci�ase, Lender may, at Lender's option, <br /> declare all the sums secured by this Mortgage to bc iuunediately due and payable. Lender shull have waived such <br /> option to accelerate if, prior to tlie sale or transfer, Lender at�d tl�c person to whom the Property is to be sold or <br /> transferred reacl� agreement in writing tl�at the credit of such person is satisfactory to Lender and that the interest <br /> paysble on the sums secured by this Mortgage shall be at such rate ac Lender shall request. If Lender has waived <br /> the option to accelerate provi3ed in this paragrapl� 17 and if Borrower's successor in interest has executed a writ- <br /> ten sesumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br /> this Mortgage and the Note. <br /> If Lender exercises such option to accelerate, Lender shall :nai! Borrower notice of acceleration in accordance <br /> �vith paragraph 14 hereof. Suel� notice si�all providc x period of not lesc thun 30 daye from the date the notice is <br /> maIIed within which Borrower may pay the sums declared duc. If Borrower fails to pay sudi sums prior to the <br /> e�tpiration of such period, Lender �nay , �vithout furtlier notice or de�nand on Borrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> �'ON-UNIFORM COVENAI�TS. BOl'1'O1V@1' AllCl LCIICIQI' t�Ul'L�ICP COVC71871t and agree as follows : <br /> 18. Acceleration; Remedies. Excert us pro�•idcd in � �aragra�,L 17 hcreof, upon Borro�ver's breacl� of an}• <br /> covenant or agreement of Borron•er in tliic �fort�a�c, inclucling tl�c covenants to pay �vl�en duc any sums secured <br /> by this fiiortgage, Lender prior to ncceleration ahull mail notice to Borro�vcr us �u•o�•ided in paragraph 14 liereof <br /> specifying : ( 1 ) the bresch ; f21 the nction required to cwr such breac6 ; (3 ) a datc, not less than thirty days <br /> from the date thc notice i� u�niled to 13orro�ccr, In� ��-I�ich �ucli brench must bc cw�ed ; and � 4 ) that failurc to cure <br /> such breach on or betore the date specifiecl in tl�e noticc may result in acceleration of CLe sums secureci by this <br /> Mortgage and sale of the Property. If the Urench is not c�red on or before the date cpecified in the notice, Lender <br /> at Lender's option �uay declare ssll of the suuis secured by thiti Viortgage to he immedia[cly due nnd payable <br /> without further demand and may foreclose this \Iortgage by i udicial proceeding. I.ender sliall Im entitled to collect <br /> in auch pror.eeding all expenses of foreclosure, including, but not limited to , costs of documentary evidence, <br /> abstracte and titic reports. <br /> 19. Bonowais Right to Raiastete. Not«•ithstanding T,ender's acceleration of the su�ue secured by this <br /> Mortgage, Borrower shall have the right to ha��e any proceedings hegun by I,ender to enforcc this b4ortgage dis- <br /> continued st any time prior to entry of a judgment enfoTcing this �fortguge if : (al Borro�ver pays Lender all <br /> aums which would be then due under this tiortgage, the 2Vote nnd notes eecuring Future Advances, if any, had no <br /> accelerstion occurred ; (b) Borrower cures nll brenches of am• other co�-enante or agreements of Borrower con- <br /> tained in this Mortgage ; (c) Borrower pays nll reasonable ea��ense� incurred b}- I.ender in enforcin� the covenants <br /> and agreements of Borrower contained in thia 1lortga�;e snd in enforcinR I.ender'.s remedies as provided in pars- <br /> graph 18 hereof, including, but not ]imited to, reasonable uttorne�'= fee� ; and Id ) Bonower tnkes such action as t <br /> Lender may 'reasonably require to sssure that the lien of tliis �Iortgage. Lender's interest in the Property and <br /> Borrower's obligation to pny the sums secured by this \fortgage sha11 continue unimpaired. Upon such payment ' <br /> snd cure by Borrower, thie Mortgage and the obligations secured herebp :hall remain in full force snd effect as if °� ' <br /> no acceleration had occuned. <br /> 20. 1°ls�ignm�at ol, Reata; Appoiamaeat .of Reeeiver, I.ender in Posseasioa As additional security here- J t <br /> under,Borrower hereby"assigns to Lendertl�e rentrz of the Property , provided that Borro��•er shall , prior to neceler <br /> atioa under paragraph 18 .hereof or abandonment of the Property, have thc right to collect nnd retain such rents � ` <br /> se they become`due sad payable, ' � , • ' <br /> IIpon �scceleration under paragruph IS hereof or nbnndoament of the Yroperty, Lender, in person, by agent , r *.' •"R' <br /> or by` jndicially appointed receiver ahall be entitled to enter upon , take possession of and mana�e the Property 9 <br /> and to collect the renEe of the Property; inclading those past due. :171 rcnts collecteci by Lender or the receiver <br /> s6sll be applied first to payment of the costs of management of the Property snd collection of rents, includin�, but <br /> not limited to, receiver's fees, rremiums on receiver'c t�ond� snd reasonable attorney 's fees . and then to the sums <br /> aecured by this Mortgage_ Lender and the receiver al�ail bc tisble to account onlp for those rentc actvnllv rer�ir�rl . � <br />