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r -� <br /> i '' ---' ,--.'� . <br /> not extend or postpone tlie due datc oi the monthly inc�;llhnentc re.fcrred to in N31:16raphs 1 and 2 hereof or <br /> ` chnnge fhe*amount of such instnllments. <br /> 10. Boaower Not Released. - Extension of the time for pa,y�uent or modification of ainortization of the sums <br /> , i secured by this VIortgage granted by Lender to ssny successor in interest of Borro�ver shall not operate to release, <br /> � inany manner, 'the liabi7ity of tlze original Borrower snd Borro«•cr's successorc in interest. Lender shall not be . <br /> required to commence_proceedings sgainst such successor or refuse to extend time for payment or otherwise modify <,; <br /> � amortization of tihe sums secured by tl�is �Iortgage by reaspn of any demand mude by the ori�inal Borrower and <br /> � ' i Borrower's auccessors in interest. . ; <br /> � � 11. , Forbearanee by Lender Not a Waiver. Any forbeurunce Uy Lender in exereising any right or remedy <br /> ; � hereunder, or othenvise ufforded by applicable law, shall not be a �vaiver of or preclude the exercise of uny right <br /> ( �,r or remedy hereunder. The procurement oF insurance or tlie payment of tuxes or other liens or charges by Lender <br /> � �, shall not be a waiver of Lender's right to accelerate the matm•ity of the indebtedness, secuced by this lYlortgage. <br /> • � " 12. Remedies Cumulative. All remedies provided in this \lortgagc nre distinct and cutnulativc to any other <br /> - ' � right or remedy under this �Iortgage or afforderi by la«• or equity, snci ma�• br_ exercised concurrently, independ- <br /> � ` ently or successively. <br /> ; r 13. Sueceasors �d Assigns Bound: Joint and Several Liability; Caplions. The co��enants and agreements <br /> } O^0 herein contained shall bind , nnd the rights hereunder �hnil inurc to, thc respectivc successors and assigns of Lender <br /> and Borrower, subject to the provision� of para�rnph 17 l�ereof. All covenantc and agreements of Borrower sha11 <br /> a be joint and several. The captions and headings of the parngraphs of this \ tortgage arc for com�enience only and <br /> j uze not to be ueed to interpret or define tl�e provi�ions IiereoL <br /> � 14. Notiee. Any notice to I3orrorver pro�•ided tor in tlii� �lortgagc �Lall be gi�•en by muiling such notice by <br /> � certified mail addressed to Borro��•er :tit tl�c Yrotierty �lddre�.� �tated F�cto��• , ckcc�x for any noticc required under <br /> � psrugraph 1S hereof to be given to Borro«-cr in tl�e inlnncr prescribeci b}• applicsble fa�c. Any notice provided <br /> � for in this �3ortgage shall bc deemed to I�x�•c bcen given to Borro��•er �chen given in the manner designated herein. <br /> I 15. Uniform Mortgage; Govezning Law; Severability. This form of morcgnge combines uniform wvenants <br /> j for national use and non-uniform covenants �vith limited ��ariations b}• jurisdiction to constitute u uniform secu- ; <br /> ; rity instrument covering real property. This \Iortgage shall be governed by the la«• of the jurisdiction in which � <br /> � the Property is located. In the eveni that any provision or clausc of this \4ortgnge or the Note conflicts with � <br /> � applicable law, such conflict shall not affect. otl�er pro�•isions of this \Iortgage or the Note which can be given � <br /> � effect without the conHicting provision, and to this end the provisions o[ the \Iortgnge and the Note are declared f <br /> : - ; to be severable. ' <br /> ( 16. Boaowez's Copy. Borrower shall be furnished a conformed copy of this \Iortgage at the time of execu- r <br /> 1 tion or after recordstion hereof. k <br /> � 17. Tzansfer of the Property; Assumption. If all or any part. of the Propert}� or an interest therein is sold <br /> � or transferred by Borrower without Lender 5 prior written consent, excluding ( a) thc creation of u lien or encum- � <br /> brance suUordinate to this `lortgnge, ( b) the crention of s purchasc mone,y security interest for l�ousehold appli- � <br /> � ances, (c) s tsansfer by devise, descent or by operation of la��- upon thc death of a joint tenant or (d ) the. grant of + <br /> � aay ]easehold interest of three years or less not containiug un option to purchase, Lender mssy, at Lender's option, � ` <br /> declare all the sums secured by this 1�Iortgage to be iinmediately due anci puyaUle. Lender sliall have waived such � <br /> option to accelerate if, prior to tlie sale or transter, Lender and t6c person to �vhom tlie Property is to be sold or �, , •- <br /> trsnsferred reach agreement in writin� G6at the credit of sudi person is satisfactory to Lender and that the interest <br /> payable on the sums secured by this tiIortgage s6a11 be nt sucl� rstc as I,ender shall request. If I,ender has waived � <br /> the option to accelerate provided in this paragraPh 17 and if Borro�ver's successor in interest liss executed u writ- � <br /> ten assumption agreement accepted in ��•riting by I.ender, Lender shnll release Borrow�er trom all obligstions under 3 <br /> thie Mortgage and the Note. <br /> 1 If Lender exercises sucli option to accelerate, Lender sha11 !i�ail Borrower notice of acceleration in accordance ; <br /> � with paragraph 14 hereof. Such notice slinll pro��ide a period of not less tha� 30 duyc from ihe date the notice is ; <br /> mailed within whicli Borrower �nay pay thc sums decl:�red duc. If Borro�vcr fails to pay such sums prior to the ; <br /> � expiration of such period, Lender may, �vithout furtl�er noticc or rle�nand on Bbrrower, invoke any remedies per- ' <br /> mitted by paragraph 1S hereof. <br /> ? Nox-UxiFonrt CovFxn:�rs. Borrower and Lender furtLer covenant and agree aa follows : <br /> ..� . i . . .. . . <br /> .I 18. Aaeeleration; Remedies. Except a� pro�•icicd in ��ar:tgra��6 I7 hcreof, upon Borrower's hreach of any <br /> covenant or agreement of Borro«•er in tLis �Im•t�a�c. inctuding tl�c covenants to pay ��-hen due any sums secured <br /> by this \Zortgage, Lender prior to acceicration s6nit �u:�il notice to Borro�cer as � �ro��ided in Paragrnph 74 hereof <br /> r <br /> specifying: (1 ) the breach ; ( 2) t6e action rcyuired to curc euch breach ; 13 ) a datc, not Icss than thirty days � <br /> from the date the notice is �nailed to Boi•ro«•er. I ,y ��-hich .ucl � brcach must be ci�red ; and ('4 ) tliat tailure to cure <br /> such breach on or before tlie date specified in tl�e noticc �nuy result in neceteration of tLe suin� xcured by this � <br /> � ,vlortgage and sale of the Property. If thc brench is not cumd on or beforc the date specificd in the notice, Lender ; <br /> � � at Lender's option �nay declare nll of the suins secured by thia \Iortgage to bc imnicdiatcly due and payable <br /> 3 without further demand and may foreclosc this �fortga�c by judicial proceeding. Lender shall be cntitled to collect <br /> } in such proceeding all expenses of foreclosure, including, but not limited to, co�ts of docwnentury evidence, <br /> -, � abstracts and title reports. <br /> � 19. Borrowei s Right to Reiastate. Not�cithstanding I.endcr's uccelerxtion of the sums secured by this � <br /> ; „ Mortgage, Borrower shall have the right to ha�•c any proceedings begun by Lender to enforce this Vlortgage dis- <br /> _5 continued at any time prior to entry of n judgment enfoTcing this \Iortgnge if : (ul Borro�ser psys Lender all <br /> ' � anrns which would be then due under this \Iortgagc, thc Note and notes securing Fttturc Advances, if any, had no <br /> ,, acceleration occurred ; (b) Borrower cures all breaches of nn�• other cocenxnts or agreements of Borrower con- <br /> " � tained in this Mortgage ; (c) Borrower pnys ull reasonnible cs��Fn�c� in�urrc�i hp i,endcr in enforcing the co��enants <br /> , � and agreementa of Borrower contained in thi� \lort�a�e :;nd in enfmring Lender'< remedies ns provided in para- <br /> . 3 graph 18 hereof, including, but not limited to, rensonable uttornep'� fees ; an�l Id ) Borrower tnkes such action as <br /> t � I:ender may reasoaably require to assure thut the lien of this \Iortga�c, Lender's interest in the Property nnd <br /> , � Borrower's obligation to pay the sums aecured hy thi� \tortgage shnll continue unimpaired. Upon such puyment ��� ' <br /> - and cure by Borrower, this Mortgage and the obligations .er.ured hereb�- shall re�nain in full force and effect as if "`� - u '; <br /> �' no aecelerstion had occuned. , <br /> 20. Aesigssmoat of H��a; RpT-�oialmeat oi Reeeiver, Lender in Posseesion. As additionul security here- � '� �" � ' <br /> uader, Borrower Hereby aseigris to Lender the rents of fhe PropeMy : proviiled thst Borrower shsll , prior to scceler- t� <br /> atson under psragraph 18 hereof or abandonment of the Property, have thc right to collect and retain auch rents ' ' � ;^: <br /> .� as they'liecome due and payable. T' K ' <br /> � Upon: acceleration under paragraph 18 liereof or s6andonment of the Yroperty. Lender. in person, by agent r ' ''?� <br /> . , - - - ,., , <br /> or. by �udiwaily appo�nted receiver shall he entitled to entec` upon , tuke posse�sion of and msnn�e thc Property " •� <br /> ° and to colfect the rente of the Pro�erty, including those past due. All rents collected by Lender or the receiver <br /> �,.� shall be applied firat to payment of Ehe costs of inanagementi of the Property and collection of rents, inclu<ling, bi�t. <br /> .,} not limited to, receiver's fees, premiums on receiver's bond� and reasonnble attorney's fecP, snd then to the sums <br /> ; aecnred`6y this Mortgage. T.entler and the receiver sGall bc linblc to account onlp for those rents ssetuatlly recei�•ed . � <br /> � . <br />