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r: _ . : . � - � ; <br /> I . . �. ,..,,� ' <br /> ( not extend or postpone the due date of the monthly installments referred to in paragraphs 1 und 2 hereof or <br /> chsnge the amount of'such installments: <br /> � l0. Bozrower Not Released. ' Extension of thc fime for payment or modification of amortization of the sums <br /> � , secured by this Mortgsge granted by Lender to any successor in interest ot Borrower shall not operate to release, <br /> ia any manner,` Ehe liability of-the original Borrower and Borro�ver's successors in interest. Lender shall not be <br /> required to commence pioceedings against sueli successor or refusc to extend time for payment or otherwise modify ` , *: <br /> � amortisation of the sums §ecured Gy this \fortgage' Isy reason of uny demand made by the original Borrower and } .�r <br /> Bonowei's aucceasors in interest. - i ` M1 r' <br /> � 11. Forbear�ce by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> Q' ' hereunder, or otherwise afforded by applicable law, shall not be a wai-rer of or preclude the exercise of any right ' � ' <br /> por remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br /> � shsll hot be a wniver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. ; , <br /> 12. Remedies Cumulative. ' all remedies provided in t6is \?ortgage are distinct und cumulative to any other <br /> right or remedy under this \•Iortgage or afforcled by lu��• or equity, and may be exerciaed concurrently, independ- <br /> � ei►tIy or successivefy. <br /> pp 13. Suecessors �d Assigas Bound; Toint �d Sevezal Liability; Captions. The covenants and agreements <br /> ^ herein contained shall bind , and the rights 6ereunder �hsil inure to, tlie respectivc successors and assigns of Lender <br /> and Borrower, subject to the provisions of parsgraph 17 hereof. :1ll covenants and ugreements of Borrower shall ' 't <br /> � :# be joint and several. The captions and i�endings of tlie parngraphc of tl�is �Iortgagc are for convenienee only and ; '< <br /> sre not'to be used ta interpret or define thc provisions hereof. <br /> j 14. Notice. Any notice to Borrower provided for in this \ tortgage sha11 be �i�•en by mailing such notiee by � ' <br /> y certified �nail addressed to Borro�ver ut the Yroperty Addre,s stated bclo��•, crcert for sny notice required under <br /> ` +, paragraph 18 hereof to be given to Bonoaer in the inanner prescribed b�• ;i��plicable lavv. Any notice provided �`�' <br /> ' for .in this �4ortga�e shall t>e deemed to have been given to Borro��•er wl�en given in the inanner designated herein . �,. <br /> � 15. Uniiona Mortgage; Goveming Law; Severability. This fo��n of mortgage combines uniform covenants <br /> ' for nationul use and non-uniform covenants with limitecl variations b�• jurisdiction to constitute a uniform secu- <br /> rity instrument covering resl property. This \Iortgage shall be governed by the law of the jurisdiction in which 9a <br /> '= the Property is located. In the event that any provision or clause of this \�ortgage or the Note conflicts with � <br /> F applicable law, such conflict shull not affect otlier provisions of this \lortgage or the Note which can be given � <br /> � effect without the conflicting provision , snd to this end f.he provisions of the \Sortgage and the Note sre declared <br /> � _ to be severable. <br /> � 16. Borrower's Copy. Borrower shall Ue furnished a conformed copy of this �fortgage at the time of execu- <br /> � tion or after recordation hereoF. �- � , <br /> 17. Traasfez of the Property; Assumption. If all or any purt of tt�e Property or an interest therein is sold <br /> , .� or transferred by Borrower �vithout Lender's prior written consent, excluding (a) the creation of a lien or encum- Y ' <br /> � brance subordinate to this Mortgage, ( b ) the creation of s purchase rnoney security interest for household appIi- , <br /> ances, (c) a transfer by devise, descent or by operation of In«• upon t.he death of u joint tenant or (d) the. grant of - < `i <br /> } uny leasehold interest of three years or less not containing nn option to purchase, Lender may, at Lender's option, <br /> declare all the sums secured by this Mortguge to be im�nediately due and payublc. Lender shnll have wuived such y ` <br /> � opf,ion to accelerate if, prior to tl�e sale or transfer, Lender aud tl�e person to whom the Property is to be sold or , % <br /> transferred reach agreement in �vritin� tliat tl�e credit of such ��erson is ,atisfactory to Lender and that the interest <br /> ; . �; <br /> "�� paysble on the sums secured by this �lortgage sliall be at such rate as Lender shnll request. If Lender hsa waived <br /> � the option to accelerate provided in this paragraph 17 and iC Borrower's successor in interest hus executed a writ- <br /> y ten sesumption agreement accepted in writing by 7,ender, Lender shal! release Borrower from all obligations under <br /> � � this Mortgage and the iVote. ���i <br /> � If Lender exercises such option to acceleratc, Lender shnll enuil Borrower notice of acceleration in accordance x <br /> ' �vith paragraph 14 hereof. Sucli notice shall providc a period o[ not lees Uian 30 days from thc date the notice is <br /> � mailed within which Borrower �nay pay tl�e �ums declared due. If Borrower fails to pay such swns prior to the ;� <br /> expiration of such period, Lendermay, without furtl�cr notice or demand on B'orrower, invoke any remedies per- <br /> � mitted by paragraph 18 hereof. <br /> a; <br /> { Nox-Uxixoa.M CovexwxTs. Boi•ro�cer and Lender furtl�er covenant and agrec as follo�vF : <br /> I' ' 18. Aeeeleration; Remedies. Except a� pro�•ided in ��uragra��L 1 i hcreof, u��on Borrower's breach ot any <br /> �; covenant or agreement of Borro«•er in this �Iortgngc, including tlic covenants to �iay «•hen duc any sums �ecured <br /> L by this :�Iortgage, Lender prior to acceleration sl�all mail noticc to Borro�ver as provided in paragraph 14 l�ereof <br /> specifying: ( 1 ) the brescl� ; (21 the nction required to cw•c such breacL ; 13 ) a datc, not les� U�an thirt,v days <br /> �� from the date the notice is �nailed to I3orron•cr, b}• n•hich :ucl� brencli u�ust be cured ; xnd ( 41 that failure to cure <br /> ,� such breach on or before tl�e date specified in the notice inay result in acceleration oP tiic suma secured by this <br /> 1lortgage and sale of the Property. If the breach is not cured on or bcfore the dt�te specified in the notice, Lender <br /> r • at Lender's option may declare ttll of the sums secured by this \Iortgagc to be immediatcly due anc! payable ' <br /> ; without furthar demand and may foreclose tl�is Jlort�age by judicial proceeding. I.ender shall be entitled to collect ` <br /> "� in such proceeding s11 expenses of foreclosure, including, hut not liinited to, costs of documentary evidence, <br /> ;;y abstrscts and title reports. <br /> ,;! 19. Borrowoz's Right to Reinstate. \'otwithstanding t,ender's :uceleration of the swns secured by this <br /> =� Mortgage, Borrower shsll have the right to ha��e uny proceedings begun by Lendcr to enforce this Mort�age dis- <br /> r; continued at any time prior to entry of a judgment enfoTcing thi� �fortgage if : ( al Bonower pays Lender all <br /> i aums which would be then due under this �fortgage, thc 1`'ote and notes securing Future Advsnces, if sny, had no <br /> �< sccelerstion accurred ; (b ) Borrower cures nl( breacl�es of 1ny otlier covenants or agrcement�s of Borrower con- <br /> k tainetl in this Mortgage ; (c) Borrower pays all reasonable es�ienses incurred by i.ender in enforcing the covenants <br /> '?� ' sfid agreetne�s of Borrower eontained in this \tort�n�e and in enforcinG 7.ender's remedies ns l�ro��ided in Para- <br /> :, geaplrl8 hereof, including, but not limited to, reasonxUle attorne�'r fee.� : and Idl Borrower tnkes such action as <br /> : .I.ender may reasonably require to assure that the lien ot this \iortgagc, Lender's interest in the Property and ' �; <br /> � Bois�ower's: obligation to pay the sums securecl by thi� �Zortgnge shall continue imimpuired. Upon euch payment <br /> and c�re by,Borrower, tbis Mortgage.and i,he obligations secured hereby shall remain in full fm•ce and effect as if .,.r`..- � "�, : '= <br /> no scceleration had occurred, � <br /> 20:' Aesignmea! of,Rents; Appoiat�reat oi Receivez: Lender ua Possession. As additional securit here- <br /> undei-, Borrowei hereby aseigna to Lender the rents of the Property. pro��ided that Borro«•er shall, prior to cceler- J , >.'Y .� {'? <br /> ' stion ynder paragraph 18 ,hereof or. abandonment of the Property, hsvc the right to collect and retain such rents '��;� , " <br /> £ ae thay become due and payable. ' <br /> UpOn.acceleration undee, paragraph I8 hemof or abandonment of the Yropertg. Lender, in person , Uy agent ,�:r"` ,x <br /> ` or, by� �udicislly apgointed receiver shall ba entitled Yo enter upon, take possession of and �nana�e the Propert,y ;*; . -�i� <br /> ` � and. tq;aolleot .the ;rents of: .the Property, iaicluding those past due. Al! rents coller,terl hy Lender or t.he receiver � `" <br /> `: ahall be applied'first to payment of the coste,of, management of the Property and coUection of mnt�, includinq, but <br /> ` not limited:to, receiyer's feea, premiuma on rcceiver's bonds and reasonable attorney 's fees, and then to thc sums <br /> secured I�y thie Mortgage. Lender and the receiver s6aU be linble to account only for those rents actunlly mcei�•ed . <br /> <. _ <br /> l, _ _ . . . .. .. . .: . � <br /> , . . . . _. . . .,. . . . � .. , ,;�. . . . . ���.. _ <br />