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_ � ^ � - � . <br /> not extend or poskpone the due date oi thc n�ontldy iustr�llroent� refcrred to in para�raphs 1 und 2 hereot or <br /> change tl�e amount of sucU instaUments. <br /> 10. Borrower Not Released. �xtensioti of the time for ��nymenL or modification of amortization of the sume <br /> secuted by this vIortgrtge granted by I.ender to any successor in inicrest of Borrower shall not operate to release, <br /> in any manner, the liability of tlie original Borrowec und Borro�vcr's successors in interest. Lender shall not be <br /> { requiredto commence ��roceedings against sucli successor or retusc to extend time for payment or othenvise modify <br /> amortization of the sums secured Uy this \Iortguge by reasou of any demi�nd mude by the original Borrower and � <br /> ; Bonower's succesaors in interest. <br /> ;.! 11. Forbearanee by Leadez Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> � hereunder, or otherwise afforded by applicAble la�v, shall not be a waiver of or preclude the exercise of any right <br /> : t � or remedy hereunder. The procurement of insurance or the payment o[ tnxes or other liens or charges by Lender <br /> � r-� ehall not be a �vaiver of Lender's right to accelee�.te thc maturity of tlie indebtedness secured by this Mortgage. <br /> : � r-{ 12. Remedies Cumulative. All remedies provided in tfiis \iortgage are clistinct and cumulative to any other <br /> � r{ right or remedy under this \ Iortgage or afforde�l h�• laa• or eqnir.y, nnd mny be exercised concurrently, independ- <br /> ; p entlgor successively. <br /> � � � 13. Sueeessors �ad Xssigns Bound; Joint �d Several Liability: Captions. The co�•ennnts and agreements <br /> : J herein contained shttJl bind , und the rights l�ereunder shall inure to. thc respectivc successors and assigns of Lender <br /> � und Borrower, subject to the procision� of paraFraph 17 l�ereof. �ll cot•enautv and agreements of Borrower shall <br /> :{ � be joint und several. The captions and hcadings of die para�r3pfin of this \ Iort�uge are for convenience only and <br /> � I'�, sre not to be used to interpret or define the provisions liereof. <br /> ;� 14. Notice. Any notice to Borro«•er pro�•ided for in tliis \lortgitgc .liall he given by mailing �uch notice by <br /> : � certified mail addressed to Borro«•cr at t6e Yropert}� :lddres� suited beloa . cscept for uny noticc required under <br /> # paragruph 18 l�ereof to be gi�•en to Borro�cer in the innnner lirescribed by np��lieable law. :�ny notice pro�•ided <br /> � for in this \Iortgage ehs1I be deemed to ha�•c becn giren to Aorro�cer �rhen Ri�•en in the manner designnted herein. <br /> .� 15. Uaifozm Mortgage; Govaming Law; Severability. This forn� ot uiortgage cotnbines uniforn� covenants , <br /> ,y fornational use and non-uniform covenants �vitii limited �•nriations b}• jurisdiction to constitute a uniform secu- � <br /> � rity instrument covering real property. This �Iortgage shall be governr.d by the law of the jurisdiction in which ' <br /> the Property is located. In the event that nny provision or clausc of tl�ic \Iortgage or the Dtote confticts with r; <br /> applicable law, such conflict shall not uffect otl�er pro��ision, oi this \Iortgage or t.l�e Note which enn be given R � ` <br /> ;� effect without tl�e conflicti�g provision , und to this end the �n•ovisions of thc �Iortgage and the Note are declared " <br /> i to be severable. : <br /> � 16. Bonower's Copy. Borrower shull be furnis6ed a coniormed copy of this ilfortgage at the time of execu- {° <br /> ' � tion or after recordation hereof. ' ; <br /> 17. Traasfez of the Property; Assumption. I f all or any part of the Property or an interest therein is sold < <br /> � or transferred by Borrower �vithout Lender's prior �vritten consent, excluding ( a ) the creation of a lien or encum- , <br /> brance subordinate to this \-Iortgagc, ( b ) the creation of a purchuse money security interest for household sppli- �' - <br /> ances, (c) a transfer by devise, descent or b,y operation of la��- upon the death of a joint tenant or (d ) tlie grant of � r.' <br /> '� any lessehold interest of three years or less not containing an option to �wrchase, Lender may, at Lender's option, <br /> ,,f declnre all the sums secured by this Vlortgage to be immediutely due :ind psyable. Lender siiall have wnived such <br /> � option to accelerate if, prior to the snle or transfer, Lender und thc person to whom the Property is to be sold or _: <br /> tranaferred reacl� agreement in writing ti�at the credit of �uci� person is satisfactory to Lender and that the interest �� <br /> paysble on the sums secured by this �Iorigage sl�al ] be ut sucl� ratc as I,ender shall request. If Lender has waived ;; <br /> '.� the option to accelerate provi3ed in this paragraph 17 and if Borroticer's successor in interest has executed n writ- <br /> � ten assumption agreement accepted in �vriting by I.ender, Lender shnll release Borrower from sll obligations under <br /> � thia Mortgage and the Note. <br /> If Lender exercises sucl� option to accelerate, Lender shull :unil Borrower notice oi acceleration in accordance � <br /> with paragraph 14 hereof. Sueh notice shall procide a periocl of not less tLan 30 duys from the dnte, tl�e notiee is , <br /> 1� mailed within which Borrower may pav the swns declured dur. If Borro��•er fsils to pay such sums prior to the �` <br /> expiration of such period, Lender map, �citfiout. furtl�er notice ur de�nund on Borrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> I�rON-UNIFOR31i COVF.NAI�TS. BOCI'ONOP NII(� LC11C�C1' till'YI1CT COVCII:lllt. 8T1(� 3j�1'CC as follo��•s : <br /> 18. Aceeleration; Remedies. Except us pro�•ided in � �arag�:��ili ] 7 licreof, upon Borro�ter's hrench of any <br /> � covenant or agreement of Borro«•er in tiiis \tortfiii �c, including tlic covenant; to pny ��•l�en due nny sums secured <br /> � by this \fortgage, Lendcr prior to acceleration �6x11 u �ail nutice co Borro�rcr a� pro�•i�icd in �uintgraph 14 hereot <br /> specitying: ( 7 ) the brescl� ; f2) the action required to cure .uch hre�ch ; 13 ) u date, not Iess than thirty days <br /> from the date the notice is mailed to Borro�vcr, by �rhicl� �uch brcnch must be cural ; snd ( 4 ) that failure to cure <br /> # such breach on or before tl�e date specified in the nutiic � nay result in accclera;tion of the sum� secured by this <br /> � �fortgage and sale of the Yroperty. If tlie brcacl� is not cured on or before the date specified in thc no4ice, Lender <br /> - at Lender's option maY declare nit of the sunis secured by tl� i. \Iortgage to be i�nu�ectiately due and payable <br /> � without further demand and may foreclose thi� \lortgage by ju�licial proceeding. Lender ahall be entitlect to collect <br /> in such proceeding u❑ expenses of foreclosure, including, but not limitc�9 to, costc of docuu�cntary evidence, <br /> � abstracts and title reports. : <br /> 19. Boaowar's Eight to Reinstate. Votw•ithstnnding I.ender: uccelerution ot the sumc secured by this <br /> ,� Mortgage, Borrower shall have the right co have any proceedin�;� hegun bp T.endcr to enforce this Viortgsge dis- <br /> continued at any time prior to entry of a jud�ment enfoxcing this �'Iortgage if : lii � Borrower pays I.ender all <br /> 4 sums which would be then due under this �Iortgage , thc 1`Tote nnd notes securing Future Ad�•unces, if any, had no <br /> [ acceleration occuaed ; ( b ) Borrower cures u❑ breache. of any other co�•en:tnts or agmemenG� of Borrower con- <br /> k, tsined in this Mortgage ; (c) Borrower pays all reusonablc expenses incurred h}� 7.ender in enforcing the covenants <br /> :� and agreements of Borrower contssined in thie �Iortgn�c und iu eniurcinK Li�nder'� remedie, us provide�l in para- <br /> .� , �eph 18 hereof, including, but not limited to, reusonnble sttorney's fee� : anii �d ) Borrower takes such ttction as <br /> Lender'may reaeonsbly require to nssure that the lien of this \Iortgage. Lender's interes-t in thc Property and E <br /> Bonower's obligation to pay the sums secured by this \fortgage :ha❑ continue imimpaired. UPon such payment <br /> and cure by Borrower, thie Mortgage and the obligations :+ecured hereb}• �hall remuin in full force and effect as if «, �:;. , " <br /> no acceleration had occurred. � ' <br /> 20. Asaigamsnt of Reats; Appointment of Rseeiver; I.eadez ia Posseasion. as additional security here- � � <br /> under, Borrower hereby assigns to LendeYthe rents o[ tlie Property-. pro�•ided t6atBorro�cer shall , prior to acceler- �; ' <br /> stion under paragraph- 18 hereof or abandonmenti of thc Property, huvc thc right to collect and rntain such rents � ;� ; ,Y <br /> , astheq become due sad payable. ` <br /> Uponaoceleration nnder paragraph 18 hereof or abandonment of thc Yroperty, I.ender, in person, by agent } w .' ' ,�t " ' ` <br /> �. <br /> y or by judicially uppointed receiver shall fie entitled to enter uNon, take poseasion of and manage the Property `x , ; , �r <br /> + and to collect the rente of the Property, including those past due. All renta collected hy Lender or the receiver - - <br /> � >shall be spplied firstto payment of the costa of management of the Property and collection of rents, including, but <br /> }' not limited to, receiver's fees, premiums on receiver's bond� and reasonablc attorney 's fees. and then to the sums <br /> :i secured by this Mortgage. Lenderand the receiver sl�all bc liabic to account only for those rent� actually recei��ed . <br /> .' � <br />