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, .. <br /> _ _ � _ � <br /> � ,_,,� • <br /> � . <br /> not extend or postpone the due date oi the montlily instalhnents referred to iu para�raphs 1 and 2 hereof or <br /> E change the amount of sucli instnllments. <br /> 10. Bo;rower Not R@leased. Extension of the time for �iayment or modification oE amortizntion of the sums <br /> `; secured:by this Mortgage granted by I,ender to any cliccessor in interest of Borrower shall not .operate to release, ; �, <br /> ' j in any manner, the lisbility of the original `Borrowei• and Borrower's successors in interest. Lender shall not be � �, ' ` ,,,„ <br /> + required-to comnqenceproceedings againat sucl� successor or reiuse to extend time for payment or otherwise modify <br /> smortisation of the snms securecl by tl�is Jfortgage by reusmi ot any demand made by the original Borrower aad { � ' � <br /> � Borrower's successors in, interest. � <br /> `�' �1j 11. Forbe�anee bp Leader Not a Wmver. Any forbearanec by Lender in exeraisin� uny right or remedy {'-, ' ' i <br /> C� hereunder, or otherwise afforded by applicsble la«•, shsll not be a �vaiver of or preclude the exercise of any right ` � = <br /> � t—i or remedy hereunder. The procurement of insurance or the payment of taxes or otlier liens or charges by Lender ���' ' <br /> O shall not be a wA.iver of Lender's right to acceler�te the maturity of the indebtedness secured by this Mortgage. i ;, <br /> ='� � : 12. $emedias Cumulative_ �11 remedies provided in this \Zortsnge are distinct and cumulative to nny other °,� <br /> , '� right or remedy under this \ Iortgage or affarded hy l:i�a• m• cryuity, and map be exercised concurrently, independ- � �: <br /> � ently or succeasively. ; `, <br /> � � 13. Suecessors �d Assigas Bound; loint �d Several Liability; Captions. The covenants and agreements ;� � ,' ; <br /> ^ harein contuined shall bind, and the rights hercunder shall inure to, thc respectivc successars nnd assigns of I.ender <br /> ;� snd Borrower, subject to the provisions of para�rnph 17 hereof. All covenants and agreements of Borrower aha11 j� <br /> ` � be joint and several. The captions and lieadings of tl�e �inragrnphs of this \Lortgage are for convenience only and � ' <br /> are not to be used to interpret or define the rrovisions l�ereof. f ,• } ; <br /> } 14. Notiee. Any notice tio Borrower pro�•ided for in thi� \Iortgage shall be gi�-en by �nailing sueh notice by [; , , : <br /> � certified mail addressed to Borrower at tDc Yroperty :lddress �t:�ted bclow• , ekcePt for any noticc required under ' ' <br /> paragraph IS hereof to Ue given to Borro�rer in the inunncr prescribed b�• xpplicablc Ix�v. Any notice provided �` <br /> � for in this Jlortgage shail be deemed to hsce been �;i�•en to Borro«•er �t•hen gicen in Lhe inanner designnted herein. <br /> 15. IInifossa Mortgage; Govemiag Law; Sevezability. Thi� fonn of mortgage combines uniform covenants n, � ' <br /> 1, a ;y: <br /> for national use und non-unifom: covenants �vitli limited �•ariations by jurisdiction to constitute a uniform aecu- ,;; <br /> rity instrument covering real property. This \Iartguge shnll be governed by thc law of the jurisdiction in which �'� ; ;u, <br /> ; the Property is located. In the eveni that any provision m• clnuse of this \-Iort.gage or the Note conflicts with �,- <br /> applieable law, such conflict shall not affect other provisions of t.his \Iortgage or the Note which can be given �, - , , <br /> effect without the conAicting provision , and to this end the provisions of the \iortgage and the Note are declared <br /> ; to be seversble. � ' <br /> i 16. Borrower s Co ' ' � ` <br /> py_ Borrower shall be furnisl�ed a contormed copy of this Dlort�age at the time of execu- ,� <br /> � tion or after recordation l�ereof. �, rn <br /> 17. Traasfer of the Property; Assumptioa. If all or any I�art of the Property or an interest therein is aold � <br /> or trsnsferred by Borrower without Lender's prior �vritten consent , excluding (a) the creation of n lien or encum- ''' <br /> ,� brance subordinate to this \�ortguge, � b) the creation of a purci�ase �noney security interest for household sppli- �: a �'Y� <br /> ances, (c) a transfer by devise, descent or by operation of lu��• upon the death of a joint tenant or (d) the grsnt of ` <br /> ; any leasehold interest of three years or less not containing an option to purchase, Lender may, ut Lender's option, � ,,, �' <br /> j deelare all the sums secured by this Mortgage to bc iminediately due and psyable. I.ender shall hnve waived such , �;` <br /> � option to sccelerate if, prior to the ssle or transfer, Lender atid t6e person to whom the Yroperty is to be sold or � � <br /> j transferred reach agreement in �vriting that the credit of sucli person is sntisfactory to Lender and that the intereat i: F l � E° <br /> � ` payable on the sums secured by this �lortgage shall Ue st such rnte as Lender shnll request. IF Lender has wsived � �� �;� <br /> the option to acce2erate provi3ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- � � ,� <br /> ten assumption agreement accepted in �vriting by Lender, I.ender shall releuse Borroce-er from all obligstions under � °" <br /> � this Mortgage and thc Note. ?' <br /> If Lender exercises sucli option to accelerate, Lender shall :nail Borrower notice of acceleration in accordance ' `- <br /> � �vithparagrapb 14 hereof. Sucli notice shnll provide a period of not le�;s tlian 30 day-s from thc date the notice ia �' , <br /> mailed within which Borrower inay pay the sums declared duc. If Borro�ver fails to ��ay such sums prior to the ; ` . <br /> expiration of such period, Lender may, �cithout furtl�er notice or deinand on B'orro�rer, invoke any remedies per- �'A <br /> mitted by paragraph 18 hereof. � <br /> Nox-UvtaoxM CovExwsz-s. Borro�ver and Lender furtlier co�renant and agree as follows : � <br /> 18. Acealeratioa; Rea�edies. Escept as pro�•ide�l in (r.t1'IIgi:1�tI7 17 hereof, upon Borrower's bmach of nny <br /> covenant or agreement of Borrower in thie tloi•t�a�;e, including thc covenants to ��ny a�i�en duc any sums secureci <br /> by this ;1lortgage, Lender prior to ncceleration shull mait notice to Borro��•er as �n•ovided in paragrnpl� 14 hereof <br /> specifying: ( 1 ) the breuch ; (2 ) tl�e action required to cmr such breacl� ; (3 ) a date, not less than thirty days <br /> i from Lhe date thc notice is mailed to I3orro«-er. by ��-hicli surli brencl � must be cored ; xnd ( 4 ) that failure to cure <br /> such breach on or before the date specified in the noticc may result in accelerstion of tLc smns ,ecnred by this <br /> ;�Iortgage and sale ot the Property. If the Ureucl� is not cumd on or beforc thc ilate specified in the notice, Lender <br /> ' at Lender's option may declare sll ot thc suros secured by thi� \lortgagc to he immediately due and payable <br /> without further demand and may foreclose tliis �1ort�age by judicial proceeding. I,ender shall be entitled to collect <br /> in such proceeding nll expenses of foreclosure, including, but not limited to, costs of docu�nentary evidence, <br /> abstracts and title reports. <br /> 19. Bozrow�r's Right to Rainstate. .`'otwiUi�tanding Lender's ucceleration of the sumc secured by this <br /> Mortgage, Bozrower ahall have the right to have any proceedings begun by Lendcr to enforcc this viortgage dis- <br /> contiaued at any time prior to entry of a judgment enfoTcing this �lortgage if : la ) Borrower pays Lender all <br /> sums which would be then due under this \iortgage, thc �Tote nnct notes securing Futurc Advances , if any, had no <br /> aeceleration occurred ; (b) Bortawer cures a71 breaehes of am• other covenantv or sgreentents of Borrower con- <br /> tsinerl in this Mortgege ; (c) Bortower pays nll reasonable espenses incurred hy i,ender in enforcing the covennnGs <br /> and sgreements of Borsower contsined in this Jiortga�e and in enforcin� I,ender:� remedies ac provided in psra- ; <br /> graph 18 hereof, including, but not limited to, reasonable uttorney'� fees ; and fdl 13orrower tnkec �uch setion as <br /> Lender map reseoasbly require to assure thst the lien of this \fortgnge; Lender's intcrest in the ProPerty and <br /> Borrower's obligation to pay the sums secured by tl�is �Zortguge shu2l continue unimpaired. Upon such payment _ �,- ; <br /> sud eure by Bortowetr this Mortgsge snd the obligations �ec.ured herebt� �hall re�nain in full force and effect as if " =�� <br /> :t}. <br /> no'aaceleration had occurred: <br /> 20. Assigamaat of Ha�ta; }ippoiatmeaf of Reeeiver; Lender ia Possessioa. :1s xdditionul security here- ( � 'g; �,,` <br /> pnder, Bor`rower h�ereby assigns, to Lender the rents of ttie Property, provided that Borrower shsll , prior to acceler- _.1 � ' <br /> stion undgr_paragrsph 18 &ereof or abandonment of the Property, have the right to collect and retain such rents �" �' y� <br /> asthay become due ;and psyabl�. � � <br /> k : +. <br /> Upon'=seceleration under ars ra h 18 hereof or-abandonment of the Yro erty Lender, in .R;' `��, <br /> P B, P *� <br /> p . , person , by agent u„ ,.,� , <br /> " or ;by �udieially. ap�ointed receiver. sksllbeentitled to . enter. upon, take posse��ion of und manage the Property -- - - Y.:-^' . . <br /> and to coliect the rente of the Property, including thosc ..past due. :1t2 rents collected Ly Lender or ihe receiver <br /> �' ahall be' applied first Lo payment of the coate of management of the Property and collection of rents, including, but <br /> not timited 'to, receiver's fees, premiums on rcceiver's Uonds and reasonable attorney's fcea. snd then to the swns <br /> secured by this Mortgage_ 7.ender snd' the receiver siiall' be linble to account only for t}�ose rents ar.tunllp rer,eived. � <br /> r <br />