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<br /> not extend or postpone the due dute ot the montLly instnllments rePerred to in paragraphs 1 and 2 hereof or
<br /> ehange the amount of such instsllments.
<br /> ' l0. Bonower NobReleased. �xtension of the time i'or puytuent or modificution of amortization of the aums
<br /> j ' aecured by this Mortgage grunted Uy I.ender to ssny successor in interest of Borrower shall not operate to relesae,
<br /> � in sny manner, the liability ot the originsl Borrower and Borrower's successors 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 the sums secured by this \Tortgage by reason of any demand made by the originsl Borrower and 3 ,r
<br /> Borrower's aucaessors in intorest. � ;�
<br /> ,� O!J 1L ; Forbearaaee by Lendez Not a Waiver. Any forbearance by Lender in exercising any right or remedy
<br /> � a� hereunder, or otherwise afforded by applicuble la�v, shall not be a �vuiver of or preclude the exerciee of any right ' �
<br /> y C� or remedy hereunder_ The procurement of insurance or the payment of taxes or other liens or charges by Lender
<br /> f p shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. � :
<br /> t p ' 12.- Ramedies Cumulative. All remedies provided in tl�is \fortgage are distinct and cumulative to any other " �
<br /> ' , Q right or remedy under this \Iortgage a• afforded by la��• or equity, ssnd may be exercised concurrently, independ- C� �.
<br /> � ently or successively. ' �:
<br /> � � 13. Suaeeasors cmd Assigns Bound: Joiat aad Several Liability; Captions. The covennnts snd agreements
<br /> � t� herein conEained shall bind, and tlie righEs liereunder nhall inL�re to, thc respectivc successors and asaigns of Lender �
<br /> and Borrower, subject to the provisiona of parngrnph 17 liereof. 311 covenants and a�reements of Borrower shall � .
<br /> # be jnint and seversl. The captions and beadings of tLe pnragra��hs ot this \Iort�age are Por convenience only and
<br /> � are not to be used to interpret or define the provisions hereof. `-
<br /> � 14. Notice. Any notice to Borrower proeicte<t for in t6i� �lortguge shtill be gi�•en by mailing such notice by ;
<br /> certified inail addressed to Borrower at thc Yroperty �ddres: stated hclo«� , except ior uny notice required under �� -
<br /> ' * paragraph 18 I�ereof to be giveu to Borrow•er in the m:mner t�rescrihed by a�iplicablc luw. �ny notice provided
<br /> ; f for in this 1lortgage shall be deemed to ha�•c been gi��en to Borro«•er �chen gi�•en in the manner designated herein.
<br /> � 15. UaiEorm Mortgage; Governiag Law; Severability. "this forn� of inortgage cotnbines uniform covenanEs
<br /> , ,
<br /> ' for national use and non-uniform covena�ts �vitd� limited �•ariutions b�• jurisdiction to constitute a uniform secu- f. ''
<br /> � rity instrument cavering real property. This \fortgage shall be �overned by tlie law of the jurisdiction in which � i
<br /> .� Lhe Property is located. In the event that any provision a• clause of this \Iortguge or the Note conflicts with z'
<br /> � spplicable Iaw, such conflict shall not affect other pro��isions of this \Iortgage or the Note �vhich can be given ;;
<br /> # effect without tl�e conflicting provision , and to this end the pi•ovisions of the �tortgage And the Note are declared x
<br /> to be severable. j r'�'
<br /> � 3 16. Borrowez's Copy. Borrower shall be furnished a conformed copy of this �Iortgage at the time of execu- � , . _
<br /> f tion or after recordation hereof. �
<br /> j17. Transfez of the Property; Assumption. If all or any Part of the Property or an interest therein is sold i
<br /> or transferred by Borrower without Lender's prior �vritten consent , excluding (a) the creation of a lien or encum- t
<br /> brance subordinate to this Dlortga�e, ( b) Lhe creution of u purchase money security interest for household appli- � ;
<br /> � snces, (c) a transfer by devise, descent or by operstion of la«• u�ion thc death of u joint tenant or (d) the. grant of - ,� _-
<br /> ; sny leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, :
<br /> � declare all the sums secured by this Mortgage to be iminediately due and payable. Lender shall have «ai�ed such i' '
<br /> # option to accelerate if, prior to the sale or transfer, Lender und tl�e person to whom the Property is to be sold or � � t
<br /> , � transferred reach agreement in writing tl�at t6e credit of sucl� person is satisfactory to Lender and f.hat the interest ; '
<br /> payable on the sums secured by this.Dlortgage shall be at such rAte as I.ender shall request. If Lender has wsived �
<br /> � the option to accelerate provi3ed in t.his paragraph 17 and if Borrower's successor in interest has executed a writ- g
<br /> ten assumption agreement accepted in �vriting by I.encier, I.ender shall release Borrower from ssll obligstions under �
<br /> this Mortgage and the Note. �
<br /> -� If Lender exercises such option to accelerate, Lender shall �nail Borrower notice of acceleration in accordance c ,�
<br /> � with paragraph 14 hereoL Such notice shall provide a period of not less than 30 days from the datc the notice is ;,
<br /> � mailed within which Borrower may puy the sums declared duc. If Borro�ver fails to pay such sums prior to the `
<br /> expiration ot such period, Lender may, �vithout further notice or �+emand on B'orro�ver. invoke any remedies per- ( � '
<br /> mitEed by paragraph Y8 hereof. ;
<br /> _ ,
<br /> � ti'ON-UNIFOFLDf CO�'ENA.\'T6. BOl'I'O�ti@1' E771(I LCIl(�C'1' t�Ul't,I1C'1' COVC'I1F1Ilt and a�;ree us tollo�vs :
<br /> 18. Aeeeleratioa; Remedies. Except :i� ��ro�•ide�i in ��arngr:i��L 17 hereof, upon Borrower's brexcl� of any
<br /> # covenant or agreement of Borroiver in this �Iort�n�c, including thc covenants to pap «•hen due any sums cecumd
<br /> :� by this 1lortgage, Lender ��rior to accelerution .I �ull m.�il uoticc to F3orro�cer as pro�•ided in parssgraph 14 I�creof ; r
<br /> specifying= ( 1 ) the breael� ; ( 2 ) the nction reqoircd to cwr �uch breach ; 13) a dnte, not. less tlinn thirty days E
<br /> from the date the noticc is rosiled to I3orroti�•cr, by �chich curh brench must be cured ; and 141 that failurc to cure
<br /> ';� such bmach on or before the datc specified in the noticc may result in ssccclerution ot the smns secured by this
<br /> ;} '_�Iortgage and sale of the Property. If the breach is not cumd on or before the dute specificd in tlie notice, Lender
<br /> � at Lender's option may declare nll of the sums secured by thic \fortgage to bc immediately due nnd payable
<br /> � without further demand and may foreclose tLis �lortgagc bv judicial proceedin�. T.ender sl�nll be entitled to collect
<br /> in such proceeding a11 expenses of foreclocure, incluiling, hut not limited to, costs of documentary evidence, �
<br /> � sbstracts and title reporte.
<br /> 19. Borrower's Right to Reiastate. Notn•ithetanding Lender's ucceleration of the sumc secured by this
<br /> " ; Mortgage; Borrower ahall have tl�e right to hace any proceeding+ Uegun by I_ender to enforce tliis 14ortgage dis-
<br /> 3 continued at nny time prior to entry of a judgment enfqtcing tiiis \Iortgage if : In ) Borro�cer pays Lender sll
<br /> � suma which would be then due under this �Iortga�e, tLt \'ote anci notes securing Future Advxnces . iC any, had no
<br /> j scceleration occurred ; (b) Borrower cures all breaches of uny other co�•enants or agreements of Bortower con-
<br /> ,, ;,� tained in this Mortgage ; (c ) Borrower pays all reasonablc e�pense: incurned by t.ender in enforcing the covenants
<br /> snd agreements of Borrower contsined in thi� \iortgn�c nnd in �nfmrin� Lender'� remediec Rs ��roaided in para-
<br /> � graph 1S hereof, including, but not limiGed to, reasonable attorney's fee� : an� idl Borrower takes such uction as
<br /> Lender may reasonably require to assure that the lien of this \iortga�;e. I.ender's interest in the Property and
<br /> Borrower's obligatiion to pay the aums secured by thic �fortga�� shall contimie unimpaired . Uron such pa,yment
<br /> r, snd cure:by,Borrower; this Mortgage and the obligationa secured hereb�• shnil re�nain in full force and effect as if " :<�
<br /> ��; ao aacelerstion hsfl occurred. ; t :
<br /> 20. :Asaigamsnt of Asnts: Appoiatmeat of Reeaiver, Lender in Possession. as additionul security here- � ; �
<br /> �` " under, Borrower heieby assigns to Lender the rente of the Property. ��mvided that Borrower rhall , prior to acceler- � �%«+';
<br /> . awion under paragreph 18 hereof or sbandoninent of the Property, hace thc right to collect and retain such rents ,���'r � ':
<br /> v sa they become due snd payable.
<br /> _, ; II on xeceletation vader ara li 18 hereof or sbandonment of the Yro erc Lender in "� "`.
<br /> P _ P B!'8P P Y. , F�rson, bv agent ,r - � '
<br /> +=�e or by judicisllp. 'aQpointed receiver shall . be- entitled to enter upon, take potLSession of snd �nana�e the Property =,s,.t" 3�;.
<br /> ; � snd to; colIect the rents of the Property, inciuding :thoae pnst dua_All rents collected by Lender or the receiver "
<br /> ,�<, � shall be spplied firet to payment:of the costs of �nsnagement of the �'roperty and collection of rents , includinR, hut
<br /> , not limited to, receiver's feea, premiums on receiver's bondg and reasonable attorney's feee, and then to the sums
<br /> secured by this Mortgsge. Lender and the receiver slisll he liable to account only tor thocc rents actually recei�•ed.
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