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- <br /> � � <br /> 78— : . �, n a {? 3 �-� -^'�, ' <br /> -not extend or poatpone the due date of tlie monthly instnllments referred to in paragraphs 1 ond 2 hereof or <br /> change the amount oE such installments. <br /> � � IO. Bonower NoYRelaased. Extension of the time for puyment or modification of amortization ot the aums <br /> ' j secured by this �3orEgage granted by Lender to any successor in' intereat of Borrower shall not operate to relesse, <br /> in any manner, the 7iability of the original Bonower nnd Borro�ver's successors in interest. 7,ender ahall not be � <br /> � required to commence proceedings against' such succeasor or refuse to extend time for payment or otherwise modify � <br /> �, � amortization of the aums' secured by this \tortgage Uy reason oP any demand made by the original Borrower and <br /> � Borrower's successore in interest. <br /> ; : 11. Forbeaz�►ce by Lender Not a Waiver. Any forbearnnce by Lender in exercising any right or remedy , `,' <br /> here�nder, or otherwiae afforded by applicable Is�v, shalI not be n waiver of or preclude the exercise of any right <br /> ' ;, or remedy hereunder. The procurement of insurance or the payment of taxes or other liens o� charges by Lender ` <br /> ahall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgsge. + <br /> ' ! 12. Remedies Cumulative. All remedies provided in this vlortgage are distinct and cumulative to any other <br /> £ right or remedy under this ��ortgage m• afforded ln- lu�c or equity, and may be exercised concurrently, independ- <br /> , 'i ently or successively. <br /> 13. Sueeessors aad Assigns Bound: Jo�t and Several Liability; Cap6ons. The covenants and agreements <br /> herein contained shall bind , and the rights l�ereunder shall inure to, the respectivc successors nnd nssigns of Lender <br /> � nnd Borrower, subject to the provisions of paragrnph 17 hereof. All covenants und agreements of Borrower shall <br /> � be joint and severaL The captions and headings of the paragraphs oE this �tortgagc are for convenience only and � <br /> ; are not to be used to interpret or deRne the provisions hereof. <br /> 14. Notice. Any notice to Borrower prot•ided for in thi� \fortgage shnll hc given by mailing such notice by <br /> j certified iusil addressed to Borro�•er at the Yroperty Address siated bclow , except for Einy noticc required under ' <br /> paragraph 18 hereof to be given to Borro�r•er in thc inanner prescribed by applicable law. Any notice provided � . ` " <br /> for in this �fortgage shall be deemed to ha�•c been gi�•en to Borrower «�hen given in the manner designuted herein. , <br /> 15. Uniform Mo:tgage; Goveming Law: Severability. This forn� of �nortgage combines uniform covenants ' ' <br /> for natioaal use and non-uniform covenants �vitli limited variations by jurisdiction to constitute a uniform secu- �r • <br /> rity inatrument covering real property. This \Iortgage shall be governed by the law of the juriediction in which <br /> the Property is locsted. In the event that any provision or clause of tl�is Mortgage or the Note conflieta with <br /> npplicable law, such conAict shail not affect other provisions of this \Iortgage or the Note which can be given <br /> � effect without the conHicting provision, and to this end the provisions of the �Iortgage and the Note are declared ; <br /> ; to be severable. � � <br /> , a 16. Boaower's Copy. Borrower shall be Curnished a conformed copy of this Mortgage at the time of eacecu- � ; '; <br /> ' ; tion or after recordation hereof. <br /> 1 17. Tranafer of the Property; Assumptioa. If all or any part of the Propeity or an interest therein ia eold <br /> 'i or transferred by Borrower without Lender's prior written consent , excluding (a ) the creation of a lien or encum- � + <br /> brance subordinate to this `'Iortgage, (b) the crention of a purchase money security interest for household appli- <br /> ances, (c) o transfer by devise, descent or by operation of la«• upon the death ot at joint tenant or (d) the. grant of " <br /> ' anyleasehold interest of three years or less not containing nn option to purchase, Lender may , st Lender's option, ; " <br /> j �I�L deelare all the sums secured by this Nlortgsge to be iininediately due and payabte. <br /> 3 {Y � <br /> 3��. � _ . � ,: <br /> ��i� • ` . � . . ru• <br /> � > <br /> � If Lender exercises suel� option to accelerate, Lender shnli ±nnil Borrower notice of acceleration in accordance <br /> - r� witli para.graph 14 hereof. Such noticc shall j>rovicte a lieriod of not less than 30 days from the date the notice is <br /> mailed within �r•hich Borro�ver inay ��ay the sums declared duc. If Borrower fails to pay such sums prior to the <br /> _� expiration of such period, Lender may, �vithout furt.her notice or �iemand on B'orrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> ��. .i . . . . . <br /> � - NON-UtiIFOR�M Covexw.-rs. Bo �•ro�ve �• and Lende�• furtl�er covenant and agree as folio�vs : ' � � � � <br /> ,'4 <br /> � I8. Aeeeleration; Remedies. Except as �iro�•icled in pnragr.�ph 17 l�ereof, upon Borroaer's breach of any <br /> covenant or agreement of Borrower in this �Iortgage. inciucling the covenants to pn}• �vhen due any sums securecl <br /> by this 1lortgage, Lendcr ��rior to nccelerntion 5{13II u�ail notice to I3orro��-cr as pro�•ided in pnrngraph 14 hereof <br /> } ' specifying: ( 1 ) the breach : ( 21 the nction requimd to cure such brencli : ( 3 ) u dutc, not Icss than thirty days <br /> from the date thc notice is mailed to 13orro�cer, hp ��• I�icli �ucli brcach nmst Uc cured ; and 14 ) thnt fuilure to cure <br /> such breach on or before the date cpecified in thc notice nusy result in neceleration of thc sume secumd by thia <br /> �Iortgage and sale of the Property. If the brcach is not c�red on or before the date specified in the notice, Lender <br /> at Lender's option inny declore sll oi the su�ns secured by this tlortgagc to be i�nmedintcly due and payable <br /> � without further demand and may foreclose tLis �Iortgage by ) udicial proceeding. Lender shall bc entitled to collect <br /> ; in such proceeding all expen=es of foreclo�urc. including, hut not liroited to, co�t.s of d.ocwnentary evidence, <br /> ,� abstracte snd title reporta <br /> � 19. Bormwez's Right to Reiastate. `otµ•ithEtanding t.ender'� ucceleration of the ,um� �ecured by this <br /> � Mortgage, Borrower shnll huve the right to ha�•e nny proceedin�;� begun by i.ender to enforcc this \tortgsge dis- <br /> ; '; , continued at any time prior to entry of a judgment. enforcin� this \lortgage if : Isl Borrower pays Lender all <br /> � sums which would be then due under this \fortRngr, die �ote and note� securing Future Ad�•ancec, if any , hnd no <br /> ncceleration occurred ; ( bl Borrower curea all hrcache� of an}� otlier �ovenant� or �t�rrements of Borrower con- <br /> � tained in this Mortgage ; (c ) Borrower pays all reasonable espense� incurred bc i.ender in enforcing t.he covenants <br /> � .. and agreements of Borrower contained in this \fortga�e and in enforcing Lender's remedies �s provided in partt- <br /> graphl8 hereof, including, but not limited to. reusonnble sttorne�•'� fece : an�i Idl 13orrower tnkes such uction as <br /> c ; Leader may reasonably require to assure that the lien of this �Iortgngc. Lender'c incerest in the Property snd <br /> �,� Borrower's obligation to pay the sums secured by thie Jiortga�e shnll continuc unimpaired. Upon such payment -- c -`- <br /> and etu�e by Borrower, this Mortgage nnd the obligntions �ecured hemby �htill re�nain in full force nnd cffeet as if "� ' <br /> � �; no acceleration had occurred. ! � <br /> � � 20: 'Rasignmeat of Reats: Appoiatment of Receiver; Lendez in Possesaioa. A� additional security hcrc- �° ' <br /> �;� ' under„Borrower hereby assigns to Lender the rents of the Property-. pro�•ided thnt Aorro«•er shall , prior to acceler- I f� ��� <br /> �.: ation under paragrsph 18 hereof or abandonment of tl�c Property, ha�•r thc right to collect and retain such rent.c R"'� ,:� <br /> as they become due and payable. ;a. `. "`' �+:,;r,, :: <br /> ' Upoa acceleration under patagraph 18 hereof or sbando�ment of the Yropertv, Lender. in person . bv agent -LLs�x ' - <br /> �:` > _ <br /> , y : : or by judicially appoiuted receiver shull be entitled to entcr upon , takc pos�e=nion o( nnd u�ana�c t.he Property <br /> und to eollect #he rents of the Pro�erty;'including thosc Past due. All rents collected by Lendcr or t,he receiver <br /> ' §hall be applied 'firsL to paymentof the cosEs ofinanagement: of the Propert� nnd collection of rents, including, hut <br /> not limiteil to, receiver'4 feea, �ircmiumF on receiver's hon�i� and mnsonahl� attornry'c feea, an�l ihen to the sum. <br /> secured by this Mortgage. Lender and the receiver .hall bc liable to �iccount onh• for those rents nctuall� received . � <br />