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f ' <br /> W <br /> .. ... . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . � ' .. . . . . . . . . . . <br /> . _ ic^,, ,..,,� � <br /> not extend or postpone the due date of tl�e monthly instnllments reterred to in parugraphs 1 and 2 hereof or <br /> change' the emount of such instaltmenta. <br /> 10. Bonower Not Releasad. : Extieneion of the time tor puyment or modification of amortization of the aums <br /> aecured by this 14oTtgage grantecl by Lender to any euccessor in interest of Borrower shall not operate to reTease, <br /> is-any msnner, _the-lisbility of the uriginnl Borrower nnd Borro�cer'F successors in interest. Lender shsll not be '� <br /> Q required to commence:proceedings againstsucl� successoror refusc to extend time for psyment or otherniae modify �, �` <br /> CTj amortiaation of the sums secured by this \Iortgage by ceason of :iny demaod inade' by the original Borrower and � ° ' <br /> Lf� Borrower's sucoessora in intereat. �, : ' �, • <br /> Q Yl. Fosbe��ce by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy ,t <br /> C"j hereunder, or oti�erwise afforded by applicable law, shall not be s wai✓er of or preclude the exerciae of any right ' ' <br /> � or remedy hereunder. The procurement of insurance or the payment of taxes or other ]iens or charges by I.ender �_', <br /> shall not be 's 'waiver of Lender's right to accelera£e the maturity of the indebtedness secured by this Mortgage. � ; <br /> � `32: Retaedi'es Cumula6ve. ' All remedies provided in tliis Mortgsge are distinct and cumulative to any other °'. <br /> Op right`or remedy under this 1-Iortgage orafforded by la��• or equity, and may be exercised concunently, independ- ` <br /> � ently 'orsuccessively. <br /> 13. Sueeessora �d Assigas Bouad; Joiat �d Several Liability; Captioas. The covenants and agreements , i <br /> herein contained ahall bind, snd the rights hereunder shatl inure to, the respectivc successors and assigns of Lender <br /> and Borrower, suUject to the provisions of paragrnph 17 hereof. All covenants and agreements of Bonower shall <br /> be joint and several. The captions and Leadings of the ��aragraphs of thi� \ tortgagc are for convenience only snd <br /> sre not to be used to interpret or define Lhe provisions I�ereof. <br /> 14. Notice. Any notice to Borro�ver pro�•ided for in t6i� \lortgage shall bc gi�•en by mailing such notice by � <br /> certified mail uddressed to Borrower at tl�c Property Address stuted below, except for any notice required under = <br /> paragraph 18 liereof to be given to Borro�t•er in the munner prescribed by applicable Iaw. Any notice provided ' ' <br /> for in this \fortgage shall bc deemed to hAve bcen given to Borro�rer «�l�en given in the marmer designated herein. � , ,: <br /> 15. UniEorm Mortgage; Goveming Law; Sevezability. 'Chis form of mortgage combines uniform covenants <br /> for nstional use and non-uniform covenants �vitl� limiteci ��ariations by jurisdiction to constitute a uniform secu- <br /> rity inatrument covering real property. This \iortgage shall be governed by the law of the jurisdiction in which s'- <br /> the Property is located. In tl�e event that any provision m• clausc of this Mortgage or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions oC this \Iortgage or the Note which cun be given . ;� ,_ <br /> effect without the conHicting provision , and to this end the provisions of the �Iortgage and the Note are declared ky ' <br /> to be severable. <br /> 16. Bonowez's Copy. Borrower shall be furnished a conformed copy of this :�Iortgage at the time of execu- ?l 'r <br /> tion or after recordation hereof. �� ' ` <br /> 17. Trrn�sfer of the Property; Assumption. If :ill or any part of the Property or an interest therein is sold �+ s � <br /> or transferred by Borrower �vithout Lender's prior written consent, excluding (a) the creation of a lien or encum- J" C ;; <br /> brance subordinate to this Mortgage, ( b) the creution of u purchase money security interest for household appli- y � i <br /> ances, (c) a transfer by devise, descent or by operation of la�c upon the death of a joint tenant or (d) the. grant of '{` , ;� <br /> anp ]easehold interest of three yeats or less not containing un option to purchase, Lender may. at Lender's option, F: ; �w'� <br /> declare sll the sums secured by this Mortgage to bc immediately due and payable. Lender shall hsve waived such f ` r; <br /> option ,to accelerate if, prior to the sale or trunsfer, Lender ss�id tl�e person to whom the Property is to be sold or f - ' <br /> traneferred reach agreement in writin� tl�at the credit of such person is satisfactory to Lender and that the interest �' <br /> papable on the sums secured by this Mortgage shall be at sucl� rate as Lender shall request. If Lender has waived � �, <br /> the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- � � � <br /> ten sesumption agreement accepted in �vriting by I,eader, Lender shall release Borrower Srmn sll obligstions under t� <br /> this Mortgage and the Note. r <br /> If Lender exercises auch option to accelerute, Lender shall enaii Borrower notice of acceleration in accordance � � 1 <br /> with paragraph 14 hereof. Such noticc shall pror•ide ss period of not ]ess than 30 dayc from thc date the notice is +° ' <br /> mailed within which Borrower may pay the sums declared due. If Borro�ver fails to pay sucl� sums prior to the y ? <br /> expira.tion o[ such period, Lender may. �vithout furtl�er notice or detnand on B'orrower, invoke nny remedies per- � .+ <br /> mitted by paragrsph 18 hereoF. �. <br /> L�ON-UNIFORbf COVENAI�TS. BOl'1'O�VCP Ni1CI LBIl(IQl' fUl'LI]CT COVCI1flRt 1nd agree as follo�vs : � <br /> 18. Aeceleratioa; Remedies. E�cept xs pro�•ided in � �uragrn��h 17 hereof, upon Borro�ver's breach of any P <br /> covenant or agreement ot Borrowcr in tl�is �IortFagc, induding thc covensnts to p�y «•hen due any sums eecured � - <br /> by this �lortgage, Lender 7irior to acceleration shall mail noticc to Borro��•cr us pro�•idecl in paragraph 14 l�ereof !' <br /> specifying : ( 1 ) t2he breach ; �;2) the 2etion required to ewr such breach ; 131 a datc; not less tlian thirty days r <br /> from the date thc notice is mailed to I3orroa�cr, by �cl�ich surl� brcach must bc cured ; und i41 thnt failure to cure <br /> such breach on or before il�e date specified in the noticc inuy result in ssccelerution of the suuis secured by this <br /> Mortga�e and sale of the Property. If the breuch is not cured on or before the date specified in the notice, Lender <br /> at Lender's option may declate nll of the sums secured by this \?ortgsge to be immedistcly due and payaUle <br /> without further demand and may foreclose 'tLis �fortgage Uy judiciul proceeding. Lender s6sll bc entitled to collect � <br /> in such proceeding all expenses of foreclosure, inclmling, but not limited to, costs of documentary evidence, <br /> nbstracts and title reports. � <br /> 18. Boaowora Right to Reiastate. .\'ot�ti�ithstanding I.ender's uccelera[ion of the sums secuted by this <br /> Mortgage, Borrower ahall have the right to have any proceedings begun by i,ender to enforcc this �fortgsge dis- <br /> continued a� any time prior to entry oE a jndgment enfotcing this �fortgage if : �n ) Borrower pays Lender all <br /> sums which would be then due ander this �Iortgn�c, thc �Tote and notes securing Future Advnnces, if any, had no <br /> acceleration occurred ; ( b) Borrower cures all breaches of an�• other covenants or ssgreements of Borrower con- <br /> tained in this Mortgage ; (c) Borrower puys all reasonsble espenses incurrecl by i.ender in enforcing the covenants <br /> and agreements of Borrower contained in this vlort�uge and i�i enforcin�; 7.endcr's remeciies us provided in pam- <br /> grsph 18 hereof, iacluding, but not limited to, rea=onnblc attornc}•'� iees : and ( d ) Borrow•cr takes such nction as <br /> rI.ender maq reasonably require to assure that the lien of this �Iortgsgc. Lender'� interest in the Property and <br /> Borrower's obligation to pay the sums secured hy , thi� vlort�age sha❑ continuc unimpsired. Upon such psyment <br /> and`ct�re by Borrower, this Mortgage and the obligatione secured hereby shull remain in tull forcc and effect as if ' , :�'� <br /> no acceleration.had occurred. -���-�>' <br /> 20. Asrtgnmsat, oi�.Re�s; Appoiatment ot. Raceiver; Lender ia Possesaion As additionul security here- ,, u ; <br /> under, Borrowerliereby seaigns to 7�ender tl�e rents of the Property, provided thnt Borrower shall , prior to acceler- � '�• @ �. <br /> staon under psrsgrsph 18'hereof or sbandonment of the Property, have thc right to collect and retain such rents .,. ' <br /> �ag t hey tiecome due and payable. y <' � <br /> U`pon "acCeletataoa under psragraph 18' hereof or abandonment of the Yroperty, Lender, in person, bp agent „,: . � <br /> p=, by �aYd�o�ally appoinEed receivei�-n1ia11 be enti�led to enter-,upon, take posseasion of and manage the ProperGy i��< ' <br /> :,and.`to� collect�the xents of. the Property,;+including' thosc past due. All rents collected bv Lender or the receiver """'�-'�`' "" <br /> ahall be spplied fiist to payment: of the costs.of management of the Property und collection of rents, ineluding, but , <br /> not Smited to, receiver's;,feea, preminms on mceiver's Uonda and reasonable attorney's feea, and then to the sums <br /> secui�ed'by thie Mortgage. Lender and Lhe feceiver sHall bc lidble to account onl�• for those rnnts actu�lly receiced. <br /> . _,.. ., � ... . _,... . ., . ._.:, , .._, .,..._ . .. . :,. . . .._ ,. ,.,. . �_ � <br />