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_ _ _ � � <br /> ; <br /> . --� ,--,� . <br /> � ��; <br /> not extend or postpone the due date of- thc montlily instnllments referred to in paragraphs 1 nnd 2 hereof or <br /> ' change the amount` ot such installments. <br /> � 10. Bonowec Not Released. ' �xtension of thc time for ptt,yment or modification of arnortization of the sums <br /> secured by this 114ortgsge granted by I.ender to any successor in interest of Borrower shall not .operate to release, <br /> � in' any manner, tlie liability of tlie original Borrower and Borro�acr:s successors in interest. Lender shall not be � , , 'i. <br /> ' � required to conimence'proceedings against sucl� successor or refuse to extend time for paymentar otherwise modify ,,; <br /> amortization of the sums secured Uy tl�is \tortgage by reason of n»y demand mttde by the originat Borrower and ' ' ` <br /> Borrower's successors in interest. , <br /> � '; 11. Forbe�aace by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> t hereunder, or othenvise sfforded by applicoble la�v, shnll i�ot be n wai-ver of or preclude the exercise of any right � <br /> = ' or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br /> ^ � � shall not be a wuiver of Lender`s right to uccelerate the maturity of the indebtedness secured by this Mortgage. <br /> � 12. Remedies Cumulative. All remedies provided in this �fortga�e are distinct and cUmulative to any other <br /> ri ht or remed under this �Iort a e or afforded hy la«• w• c uScy and mss he exercised eoncurrentl iade end- �" <br /> Q @ Y g � �1 , 3' Y� P <br /> �. --� T..� ently or successrvely. <br /> , � 13. Successors �d Assigas Bouad; Joiat �d Several Liability; Captions. The covennnts and agreemenfs <br /> herein contained shall bind, und the righLs I�ereunder sl�all inure to, the respective successors and assigns of Lender <br /> � � and Borrower, subject to the provisions of paragraph 17 hereof. Al] covenants and agreements of Borrower shall <br /> � [ be joint and severul. The captions and l�endin�s of tlie pnragra�>hs ot tllis ZFortquge sre for convenience onty snd <br /> � � are not to be used to interpret or define tl�e provisions hereof. <br /> 14. Notice. Any notice to Borrower pro�•ided for in this \lortga�e shu11 he given by inttiling such notice by <br /> ' certified mail addressed to Borro�ver at tl�c Property .�ddress �tated belo���, except. fa• nny notice required under <br /> + ara ra h l8 hereof to be i� en to Borrow-er in tlie �nanner irescribed b a �licuble lu�c. �n notice <br /> , ; P B P S� ' I S' PI y Provided <br /> y for in this Vlortgage shall bc deemed to huvc been given to Borrower �chen gi�•en in the manner designated l�erein. •,: ` <br /> , t 15. Uniform Mortgage; Goveming Law; Severability. This forcu of mort�age combines uniform covenants r ° <br /> i for nationol use and non-uniform covenants �vitl� limited �•ariations by jurisdiction to constitute A uniform secu- <br /> rity inatrument covering real property. This �Iortgage shali be governed by the law of the jurisdiction in which �. <br /> ,� the Property is located. In the event that any provision or elattse of this \?ortgage or the Note conflicts with a ; <br /> � applicable law, such conflict shall not affeet. other provisions of this �Iortgsgc or the Note which can be given <br /> , � effect without the conflicting provision, and to this end the provisions of the �Iortgage and the Note are declared <br /> , ` f to be sevetable. < �: <br /> .j 16. Boaower's Copy. Borrower shall be furnished a conformed copy of this �4ortgage at the time of execu- x � +-:; <br /> ' tion or after recordation hereof. { � ' ` <br /> ; - 17. Tr�sier of the Property; Assumptioa. If all or any part of the Property or an interest thereia ia eold �� <br /> ' � or transferred by Bonower without Lender's prior written consent, excluding ( a) the creation of a lien or encum- ' � + :-' <br /> brance subordinate to this VIortgsge, ( b ) thc creution of a purchase �noney security interest for household appli- ° � � i <br /> <F ances, (c) a transfer by devise, descent or by operation of la��• upon the death of a joint tenant or (d) the. grant of +'� �� <br /> � anyleasehold 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 Ue immediately due and payable. Lender shall have waived such r. ` � '� <br /> option to nccelerate if, prior to tlie sale or trnnsfer, Lender aud the person to wliom the Yroperty is to be sold or ' � ` �, <br /> '-� tranaferred reach agreement in writing t13at the credit of such person is satisfsctory to Lender und that the interest ' ' ^ <br /> r � ' ✓," <br /> �+ payable on the sums secured by this Mortgage sl�all be at sucli rate ris I,ender shall request_ If Lender has waived ,� r <br /> the option to accelerate provided in this paragraph 1? and if Borrower's successor in interest has executed a writ- "` <br /> ' f: ten assumption agreement accepted in writing by I,ender, Lender shall release Borrower from all obligations under 4 <br /> � thie Mortgage and the Note. , _ <br /> } If I.ender exercises such option to sccelerate, Lender shall ±nait Borrower notice of acceleration in accordance P� <br /> ; with paragraph 14 hereof. Such notice shall provide a period of not less than 30 dsys from the date the notice is ; � <br /> i' mailed wit6in which Borrower msy pay- tl�e sums declared due. If I3orrower fuils to pay such sums prior to the ;''J <br /> + expiration of such period , Lender may, �vithout further notice or demand on B'orrower, invoke any remedies per- <br /> s mitted by pnragraph 18 hereoL <br /> f <br /> �' � NON-UNIFORbi CO�ENANTS. BOYl'OWCI' AttG Lendei• furt.lier covenant ancl agree as follo�vs : � <br /> ' 1B. Aceelezatioa: Ramedies. �xcept as Irro�•ided in ��aragra��li 17 hereof, upou Borrower's breach of any <br /> ' � covenant or agreement of Borro�ver in tl� is �IortFngc, including ilie covenants to �iay wLen duc any sums secured <br /> '' by this 1Sortgage, Lender prior to nccelerution sl �all mail noticc to Borrou•er as provided in parugrupl� 14 hereof , <br /> a. specitying: ( 1 ) the breach ; (2 ) the nction required to cure �ucL breacL ; ( 3 ) n date, not Icss than thirty days <br /> ' from the date thc notice is mailecl to Borro���cr, b�• �eliich �url� brcach u�ust bc cured ; amd ( 4 ) thut failurc to cure <br /> � such breach on or before the date specified in tlie notice m:ty result in uccelerntion of tl�e sums secured by this <br /> �' Mortgage and sale of the Property. If the brcach is not cured on or beCorc the date specified in tlie notice, Lender <br /> at Lender's option may declarc a]I of thc sums secured by this \lortgagc to be immediately due und payable <br /> without further demand and may foreclose tl�is Vlortgage by judicial proceeding. Lender shall be entitled to collect <br /> in such proceeding all expenses of foreclosurc , including, hut not liii�ited to, costs of docuu�entan• evidence, <br /> abstracts and title reports. <br /> � 19. Botrow�r's Right to Reinqtate. ,\'otwithstanding I.ender's acceleration of the smns secured by this <br /> Mortgage, Borrower ahaTl have the right to have any proceecling� begun by Lendcr to enforcc this Mortgage dis- <br /> eontinued at any time prior to entry of a judgment en[orcin� this \Iortqage if : ( a ) Borrower pays Lender all ' <br /> auma which would be then due under this Jlortgage, thc Note nnd notes securing Futurc Advances, if any, had no <br /> acceleration occurted ; (b ) Borrower cures ull breaches of nnr other co�•enants or agmements of Borrower con- <br /> 1: tained in this Mortgage ; ( c) Borrower pays ull reasonsble espenses incurred by T.ender in enforcing the covenants <br /> sad agreements of Bormwer contained in this \Iortgagc snd in eniorcinK i.ender', remedies �u provided in para- <br /> ' ` grsphl8 hereof; ineluding, but not limited to, reasonable attornec'� fee: : anci Id ) Borrotiver tnkes such action us <br /> '�� Lender xnsy reasonably require to assure thnt the lien of this \Iortgage, Lender's interest in the Property and <br /> ' � Borrower's obligation to pny the sams secured by this \tortgage ahall continue unim��nired _ ilpon such payment <br /> '•� and cure by Borrower, this Mortgsge and the obligations �ecured hereUy chall remain in full iorce and effect as if <br /> �, no accelerstioa had occurred. u; <br /> 20. Aasigam�at of $eMa; Appointment oI Receiver; Lender ia Possession. As additional security here- �' '� A <br /> '�� under B�orrower, hereb assi � � " � � �� � � <br /> y � y �s to Lender the rents of the Propert�•, provided that Borrower shall, prior to acceler- ` <br /> y's� stion under psragraph lS hereof or abandonment of the Property, have the right to collect snd retain such rents '�`� Y, A' <br /> '�'�: a� they become due and psyable. ��� ;� y <br /> :�� , Upon acceleration. uader paragcaph 18 hereof or; shandonment af the Yropertv . Lender, in person, b� ngent r's '{°' � � <br /> or by jndicially appointed'receiver shall be entitled to enter upon, take �session of nnd snanaRe the Property "` " ' <br /> :,; sad to collecti the renEs of the Property, includi � '�'""~ <br /> nR .those pastdue. All rents eollecteul by 7.ender or khe reeeiver <br /> ahall be apptied, firatto paymenbof the coets of manusement of tl�e Property and collection of rents . including, but. <br /> ` ��, not limited to, receiver's feea, premiums on receiver's bonds and reasonable attorney's tees. and then to the sums <br /> , � securedby thie Mortgsge. 7.ender and the receiver shatl he Iiuble to account only for those rents actunlly received. <br /> •� . . .:... _, _ _ . .,. . .. . _ . _,.,:. , ., , � � <br />