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_ . : r- -� <br /> ; ,.�. .� . <br /> not extend or pastpone the due date of thc �nontlily insinllmentc referred to in paragraphs 1 and 2 hereof or <br /> chsnge the amount of such installments. <br /> ' 10. Borrower Not Released. Extension of the time for payment or modification ot amortizntion of the sums <br /> � � ' secured by this vlortgage granted by I.ender to any successor in interest of Borrower shali not operate to relesae, <br /> in any manner, the liability of tl�e origin¢I Borrotver and Borro�ver's successors in interest. Lender shall not be <br /> � '� required to commence proceedings against such successor or refuse ta extend time for payment or otherwise modify � ' <br /> amortization of the sums secured by this �3ortgage by reason oC nny demand made by the original Borrower and <br /> Bonower's suceeasors in interest. � � <br /> 1 ''�C�2 11. Forbe��aee by Lendez Not a Waiver. Any forbearssnce by Lender in exercising uny right or remedy � � <br /> ,j � hereunder, or otherwise afforded by applicable Ia�v, shall not he n waiver of or preclude the exercise of any right i "' <br /> � � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender ��. ' <br /> :.:: ; O shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness gecured by this Mortgage. •' , � i' <br /> � 'i O 12. Remedies Cumulative. All remedies provided in t.liis \4ortgage are distinet nnd cumulative to any other i : . <br /> i O right or remedy under this �Iortgage or nffordecl by la«• or equity, and may be exercised concurrently, independ- ,' <br /> � ' ently or succeesively. ' <br /> , � 13. Successors �d Aasigns Bouad; Joint �d Several Liability; Captions. The co��enants and agreements �,�, <br /> , , � herein contained shall bind, and the rights hereunder shall inure to, the respectivc successors nnd assigns of Lender ! <br /> ; and Borrower, subject to the provisions oE puragraph 1 i hereof. A !! covenants und sgreements of Borrower sha}1 � '; <br /> be joint and several. The csptions and hcadings of tl�e paragraphc oC tl�is \iortgage arc for convenience only and `,-', <br /> y� are not to be used to interpret or define tlie provisions liereof. +-� <br /> ! 14. Notice. Any noticc to Borro�ver pro�•ided for in tV�is \Iortgagc shall bc gi��en by mailing sucli notice by ; <br /> = certi6ed mail addressed to Borro«�cr at thc Yroperty 3dclre�� �t:itec! belo�c, except. for uny notice required under ? <br /> ` � paragraph 18 hereof to be given to Borro�cer in the manner ��rescrihed by applicable law. Any notice provided _ <br /> .. ( for in this �Iortgage shall be deemed to ha�•c Ueen given to Borro«•er �rhen gi�•en in the manner designated herein. <br /> � 15. Uaiform Mortgage; Goveming Law; Severebility. 'I'his focm of �uortgage combines unifottn covenants <br /> for national use und non-uniform covenants �vitl� limited �•ariations 63• jurisdiction to constitute a uniform secu- � <br /> ? rity instrument covering real property. This \Iortgage shall bc governed Uy the Ia�v of the jurisdiction in which ; <br /> , � the Property is located. In the eveni that any provision or clause of this �Iortguge or the Note conflicts �vith <br /> � applicable law, such conflict sholl not n(fect other provisionc of this \fortgage or the Note which can be given ; <br /> � effect without the conflicting provision , and to this end the provisions of the �Iortgage und the Note are declared ; <br /> to be severable. � <br /> 16. Bonower's Copy. Borrower shall be furnisl�ed a conformed copy of this \Iortgage at the time of execu- <br /> � � tion or after recordation hereof. <br /> � 17. Traasfer of tha Property: Assumption. If all or any part of tlie Property or an interest therein is sold �, <br /> r or transfened by Borrower without Lender's prior written consent, excluding ( s) the creation of a lien or encum- � <br /> C brance subordinate to this Mortgage, ( b) the creation of a purchase money security interest for household sppli- �. <br /> i 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 leasehold interest of three years or ]esc not containing an option to t�urcl�ase, Lender may, ut Lender's option, �' <br /> � declere sll the sums secured by this ylortgage to bc immediately duc and paya.ble. Lender shall liave waived such � <br /> � option to uccelerate iF, prior to the sale or trnnsfer, Lender and tlie person to whom the Property is to be sold or � <br /> tranaferred reach agreement in writing tlist tlie credit of sucL person is satisfactory to Lender and thst the interest � <br /> ,V payable on the sums secured by this �Iortgage shall be at sucL rate as I.ender shall request. If Lender has waived s ; <br /> � the option to accelerate provi3ed in this paragra�h 17 und if Borrower's successor in interest lias executed a writ- i. <br /> � ten sesumption agreement accepted in �vriting by I.ender, Lender shall release Borrower froin all obligations under ; '- <br /> � this Mortgage and the Note. ;f � <br /> If I.ender exercises such option to accelernte, Lender shnll �nail Borrower notice of acceleration in accordance x ` <br /> �vitl� paragraph 14 hereof. Such notice sh�ll pro��ide a period of not less tl�an 30 days from the date the notice is ' � <br /> lmailed �vithin which Borrower inay pay tl�e sums deelured due. If I3orrower fail: to pay such sums prior to the ; <br /> � expiration of such period, Lender may. ��•ithout further notice or demand on B�orrower, invoke any remedies per <br /> � mitted by paragraph 18 hereof. <br /> ��� i�'ON-UNIFORIK COVENANT6. � BOl'1'OW@t' flI1CI Lf'll(�El' YU1't1101' COVC11alIL and agree as follo�ss : � � <br /> � 18. AcceleraHon: Remedies. Except as pro�•ided in parngrapL 17 hcreof, upon Borrower's hreach of any ' <br /> covenant or agreement of Borro«•cr in tLis \fortgs�gc, includin� tLc covenants to ��ay �vhen duc an�� su�ns secured , <br /> by this �lortgage, Lender ��rior to acceleration �Ball �nail notice to Borro«•er as ��rovided in pnra�raph 14 liereof i <br /> � specifying: ( 1 ) the breacli ; (2) the action requircd to cui•c �ucl� breach ; (3 ) a dntc, not less [I�a.n thirty days <br /> � from the date the notice is mailed to Borro�cer, by �rLich �ucL breaicl� must be cured ; and (41 that failure to cure � <br /> such breach on or before tl�e date specifted in the noticc iussy result in acceleration oi tlic suuic secured by this ; <br /> i Mortgage and sale of the Protierty. If the breach is not cured on or before thc dnte specified in the notice, Lender <br /> j at Lender's option may declure ali of the sums secured by this Vlortguge to be immedia[ely due xnd psyable <br /> i without further demand and may foreclose tliis tlortgn�c by judicial proceeding. Lender shall be entitled to collect <br /> � in such proceeding all expenses of foreclosure, including, but not limited to, costs of documentary evidence, <br /> � abstracts and title reports. <br /> � 19. Bonower's Right to Aeinatate. \otw•itl�standing Lender's ucceleration of the ,ums secumd by this <br /> � 1�Iortgage, Borrower shall have the right to ha�•e any proceedings hegun by T.ender to enforcc this 14ortgage dis- <br /> icontinued at any time prior to entry of u judgment enfoYcing this \-Iortgage iL• ( al Borrow•er pays Lender all <br /> , sums which would be then due under this �Iortgage, the Note nnrl notes aecuring Ftrture Ad�•anca�, if any, hnd no <br /> � acceleration occurred ; (b) Borrower cnre:� all brcuche. oE any other cocenants or agreen�ents of Borrower con- <br /> } tained in this Mortgage ; (c) Borrower pnys all reaeonnhle eyienm� incurred h}- i.ender in enforcing the covenants <br /> and agreements of Borrower contsined in this �4ortga�c and iu enfm•cing i.endcr's remedies ae provided in para- <br /> ; ' j gra.ph 18 hereof, including, but not limited to, reasonaUle attorney '� fees : ssnd Idl Borrower takes such action as <br /> i Lender may reasonably require to assure thst the lien of thia \IortRagc. Lender's interest in the Property and t <br /> ; � Bornwer's obligation to pay the sums securecl by this �lortguge eha❑ continue unimpaired. Upon sach payment .�„_ = <br /> arid cure;by Borrower, thia Mortgsge and the obli�ationa secured hereb}� c��al� remain in full force and effect as if �^-` <br /> 5 no acceleration had occurred. ;: �. � <br /> j . �.' 20. Amignment of R�afa; Appointmeat of Receiver: Lender ia Posaessioa As additional security hem- k <br /> r, uader, Borrower hereby easigas to I:ender the rents of the Property, provided that Borrower shall, prior to acceler- �'`` : <br /> � � ' s$ion under paragraph 18 hereoYor abandonment of the Pronerty, have thc right to collect and retsin such rents �`.' ; ', ,', <br /> �, � sa they liecome due a�d payable. ` s ; " <br /> ' �= Upon acceleration under paragrapli 18 hereot or abandonment of the Yropert�•. I.ender, in person, by agent �. � ,y;�z <br /> . "s or by judicisily'appointed receiver shall fie entitled to enter upon , take Pa3seesion of ancl mana�e thc Property � a' � �' ==" ^ <br /> , • �� and to coliect::the rents of the Property, inctuding,thoec past due: All rents eollecteci hy Lender or the receiver <br /> , , , shall.be spplied firat to payment'of the costs oi u�anagement of tl�e Property and collection of rents, including, buc <br /> � ,� , { not limited to, receiver's feea, pmmiums on receiver's bonds and ressonable attorney's fcea. and then to the swns <br /> secured by this Mortgnge. Lendcrnnd Lhc reccii•cr shull he tinble to nccount ont}� for thosc rents nctunll}• recri�•cd . <br /> I � <br />