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_ _ I� „- � � . <br /> , <br /> ; not extend or postpone the due datc of tLe monthly instnllinents referred to in pnragraphs 1 and 2 hereof or <br /> change the amount of such instnllments. <br /> ` 1 10. Borrower Not Released. Extension of the time for payment or inodification of a�nortization of the aums <br /> � _ secured by this Mortgage granted Uy Lender to any successor in interest of Borrower shall nat operate to release, <br /> � in any 'manner, the liability of the original Borrower and Borro�ver's successors in interest. Lender shatl not be ' <br /> � required to commence proceedings against sucli successor or refuse to extend time for payment or otherwise modify <br /> � amortizution of the sums secured by this \Iortgage by reasmi oF any demand made Uy the original Borrower and � Y <br /> Borrower's successors in interest. , <br /> � p ' 11. Forbe�amce by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy � <br /> Q hereunder, or otherwise afforded by applicabte law, �hall not be a waioer of or precIude the exercise of any right " ' <br /> � � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br /> � p shall not be u wuiver of Lender's right to nccelerAte the muturity of the indebtedness secured by this Mortgage. ' <br /> � � 12. Remedies Cumu]ative. All remedies provided in this vIortgage are distinet und cumulative to any other ., <br /> � p right or remedy under this 1�fortgage or afforded by In��• or cryuicy, nnd may bc exercised concurrently, independ- <br /> I entiy or successively_ <br /> 3 r ' 13: Sueceasors �d Assigns Bouad; Joiat �d Several Liability: Captions. The covenants and agreements <br /> `i � herein contained shall bind , and the rights l�ereunder rhall inure to . thc respective successors and assigns of Lender <br /> i � and Borrower, suUject to the provisions of paragraph 17 hereof. Atl covenants and agreeinents of Borrower shall ' <br /> .� be joint and seceral. The captions and headings of tlie ��ura�ra�ihs of thi� \tortgage are for convenience only and � <br /> are not to be used to interpret or define tLe provisions hereof. <br /> { 14. Notice. Any notice to Borroa•er pro�-ided for in tliis \ [ortgngc SII:III I7C given by mailing such notice by <br /> certified mail uddressed to Borro�ver xt the Prot�ert}• Addrec, stated bclon• , except for any notice required under <br /> ; f paragraph 18 hereof to be given to Borro�cer in the inanncr prescribed by npplicablc la�v. An}• notice provided <br /> � For in this vlortgage shall be deemed to have been given to Borro«•er �chen given in thc manner designated herein. <br /> 1 15. Umform Mortgage; Governing Law; Severability. 'I'his form of mortgage combines uniform covenants <br /> � � for nstional use and non-uniform covenants �vitli limited variatians by jurisdiction to constitute a uniform secu- <br /> . i rity instrument coveri�g real property. This \Iortgsge shall bc governed Uy the ls�v of the jurisdiction in which <br /> . 1 the Property is located. In the event that any procision or clause oF this ��IortgAge or the Note conflicts with + <br /> � applicable Iaw, such conflict shall not affect other provisions of thi� \iortgage or the Note which cun be given <br /> ': � effect without the conAicting provision, and to this end the provisions of the \Iortgagc and the Note are declared � <br /> to be severable. __� <br /> � 16. Borrower's Copy. Borrower shall be furnisl�ed a conformed copy of this �4ort�age at the time of execu- � <br /> � tion or after recordation hereof. - � <br /> 17. Tranefer of the Property; Assumption. If all or any Part 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 tilortgage, ( b) the creation of a purchase money security interest for household appli- ' ,ji, <br /> ances c) a transfer b devise descent or b o erntion of la��• u �on the death of u oint tenant or d the rant of $,`'� <br /> { � � Y , Y P ! J � ) g �, <br /> any leasehold interest of three years or less not contnining an option [o purchase, Lender may, at Lender's option, , , <br /> � declare all the sums secured by this Mortgage to Ue inunediately duc and payable. Lender shall have waived such 4 ' <br /> option to accelerate if, prior to tlie sale or transfer, Lender aud tl�e person to whom the Property is to be sold or * �?�� <br /> ' i transfened reacl� agreement in writing that the credit of such �ierson is satisfactoiy to Lender and that the interest tr v <br /> ' j paysble on the sums secured by this Vlortgage shull be at sucli rate us Lender shall request. If Lender has waived �'; <br /> :� the option to accelerate provi�ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- " y: <br /> , � ten assumption agreement accepted in �vriting by I,ender, Lender shull release Borrower Srom all obligations under '� ' <br /> this Mortgage and the Note. <br /> J vf. <br /> ;� If Lender exercises sucli option to accelerute, Lender shall :nail $orrower notice of acceleration in accordance ,�" <br /> _ � �vith paragraph 14 hereof. Such notice shull provide a period of noi less than 30 days from the date the notice is � � <br /> , ; mailed within which Borrower may pay tlie sums declared due. Ii Borro�cer fails to pay such sums prior to the `� <br /> expiration of such period, Lender �nay, «•ithout further notice or demand on B'orrosver, invoke any remedies per- <br /> ', } mitted by paragraph 18 hereof. <br /> � `TON-UDIIFORM COVENA\TS. BOl'I'O\1'Cl' AIl(� Lender fui•tl�er covenant antl agree as follo�vs : � <br /> � 18. Aeeeleration; Remedies. Except us pro�•ided in � r.u•ngra�,li 17 hereof, upon Borrower's breach of any <br /> covenant or agreement of Borro�ver in this �Soi4fiage, including tl�c covenants to pay «�hen due nny sums secured <br /> ,j by this �lortgage, Lender ��rior to ucccleration ahull uu�il noticc to Borro«-cr as provided in piu•ugrapli ] 4 hereof " <br /> � specifying: ( 1 ) the breacli ; (2 ) the lction rcyuired to cLar sucl� brcach ; 131 a dute, not less tlian thirty days <br /> , � from the date the notice is mailed to Borro��•cr, b}� n•hich �ucli brr.tich must be cured ; nnd ( 41 that failure to cure <br /> such breach on or before tl�e date specified in the noticc uiuy result in acceleration of tlic sums secureci by this <br /> '� 1-Iortgage and ssle of the Property. If the breacl� is not cured on or before tt�c date specified in tlie notice, Lender <br /> � ' at Lender's option may declare all of thc sums secured by this viortgage to be immediatelv due and payable <br /> without further demand and may foreclose this �tortgage by judicial proceeding. i,ender shall be entitled to collect <br /> in such proceeding all expenses of foreclocure . incluQing, but not li�uited to, costs of docmnentary evidence, <br /> ` 1 abstracta and title reports. <br /> # • 19. Boaowers Right to Reinstate. .\'otw•itl�standing Lender: ucceleration of the sums secured by this <br /> � Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this VIortgage dis- <br /> - � continued at any time prior to entry of a judgment enfaTcing this \Iortgage if : � al BorroK•er pays Lender all <br /> sums which would be then due under this \Iortgagc, the ;�Tote and notea securing Futurc Advances, if any, had no <br /> acceleration occuned ; (b) Borrower cures ull breache� of any other cocenants ar agreements of Borrower con- <br /> i tained in this Mortgage ; (c) Borrower pays all reasonablo expenses iucurred h}• i.ender in enforcing the covennnts <br /> �' and agree[neuts of Borrower contained in thie �Iort�n�;e and iu enforcin� T.endcr's remedics ns provided in para- <br /> � � graph 18 hereof, ineluding, but not limited to, masonuble attorne� '� fee� ; and � d i Borrower tnkes such action as <br /> Lender may reasonably require to assure that the lien of tl�is \Iortgagc, Lender's interest in the Property and <br /> �s Borrower's obligation to pay the sums secured by thi� Jlortgage shnll continue unimpaired. Upon sueh payment � ' <br /> and cure by Borrower, thia Mortgage and the obligations ,ecured liereby shall remain in fult force and effect as if .,, �...;- � <br /> � no acceleration had occurred. � <br /> 20. Apagnmeat of Reats; AppointmeaY of Receivar; Leadez in Possessiom As udditianal security here- � <br /> '' under, Borrower hereby sasigas to Lender the rents of thc Property-, pro�•ided that Borrower shall, prior to acceler- �: m' <br /> : ation under, paragraph 18 hereof or abandonment of tl�e Property, have thc riglit to collect and retaia auch rents r �.. <br /> as'they beoome'due and gayable. , r, <br /> s Upon' scceleration under psragraph 18 hereof or abandonment ot the Yro erG Lender, in �� ' <br /> , p y, person, by agent �s� > <br /> .# or by judicislly . sppointed receiver shaU be entittetl to enter upon, take Poasession of and manage thc Property ; ��,�, K. ;� <br /> � snd to collecG t6e renta of the Property, inoluding thasc past dne. al! rents collected by Lender or the receiver <br /> ' � aha11 be epplied firat tio payment of the costa o[ msnagement of the Property and colleciion of rents, including, but <br /> not limited to, receiver's fees, premiums on mceiver's Uonda and reasonable attorney 's fees, snd then to the sums <br /> t�f secured by this Mortgage: Lender and the receiver sliall be liublc fo account only for those rent_4 actually received. <br /> ..z _ <br />� a � <br />� <br />,. <br />