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'�; '"'"e . � � <br /> not extend or postpone the due date of tl�e monthly inst� llments referred to in paragraphs 1 and 2 hereof or <br /> change t6e smount of sucl� installmenta <br /> 30. Borrower Not Released. Extensi6n of thc time for pa,yinent or modificution of amortization of the sums <br /> secured by this Vlortgsge �ranted by I,ender to ssny siucessor in interest of Borrower shall not opernte to releeae, <br /> in uny manner; the lisUility af 4he original Borrower nnd 13orro�r•cr's successors in interest. Lender shall not be � <br /> required to commence proceedings against siicl� successor or retuse to extend time for payment or otheravise modify <br /> amortization of the sums secured by tl�is \tortgage by reason of any demand �nude by the original Bonower and <br /> Borrower's euccessors in interest. � - <br /> 11. Forbear�ce by Lender Not a Wmver. Any forbearance by Lender in exercising nny right or remedy � , , <br /> � hereunder, or otherwise nfforded by applicable Iaw, shall not be a waiver of or preclude the exercise of any right y <br /> � or remedy hereunder. . The procurement of insurauce or the payment ot taxes or other liens or charges by Lender � <br /> � shall not be a waiver of Lender's right to accelernte the �naturity of the indebtedness secured by this Mortgage. ` <br /> � 12. Hemedies Cumulative. All remedies provided in this \Zortgage are distinct and cumulative to any other ±, <br /> Q right or remedy under this �Iortgage or afforderl bv la�c or equity, nnd may bc exercised concurrently, independ- z <br /> � ently orsuccessively. <br /> 13. Successars �d Assigns Bouad; Joint �d Sevezal Liability; Captions. The covennnts and agreements ± <br /> �' herein contained shall bind , and the rights liereunder ehalt inure to, t6c respectivc successors and asaigns of Lender '• ' <br /> dp and Borrower, subject to the provisions of puragrnpli 17 hercof. All covenants and agreements of Borrower shall <br /> � be joinLnnd several. The captions and Leading� of tl�c parzgr.� pl�. of this \Iortgagc are for convenience only and <br /> are not to be used to interpret or define the ��rovi�ions Lereof. <br /> 14. Notiee. Any notice to Borrower ��ro��ided for in thi; \lort�ssgr shall be gi�•en by mailing such notice by ! <br /> certified msil addressed to Borrovver st tl�c Yroperty Address ,tated belo�c , excep[ fw• um• noticc required under [' <br /> paragraph 18 Bereof to be given to Borrou•er in the manncr prescribed b�• :�pplicable la�v. anp notice provideci �, <br /> for in this �Iortgage shall bc deemed to ha�•c bcen gi�•en to Borro«•cr u•Len given in thc manner designated herein. +r. <br /> 15. Unifora� Mortgage; Govemitsg Law; Severability. 'I'his forn� of mortgage combines uniform covenants ;, ; <br /> for nationsi use ttnd non-uniform covenants �vith limited variations b�� jurisdietion to constitute a uniform secu- �. <br /> rity instrument covering real property. This \fortguge shall be governed by the Ia�v of the jurisdiction in which �" <br /> the Property is located. In the event that any provision or clause of this \Zortgage or the Note conflicta with �; <br /> applicable law, such conflict shnll not affect other provisions of this \Iortgage or the Note �vhich can be given � <br /> effect without the conflicting provision, ssnd to this end the provisions of the �lortgage and the Note are declared � <br /> to be severable. ; <br /> 16. Boaower's Copy. Borrower shall be furnished a conformed copy of this �Iortgage at the time of execu- :, . -; <br /> tion or atter recordation liereof. � . � <br /> 17. Traasfer of the Proparty; Assumption. If all or any part of the Property or an interest therein is sold ; �.'. <br /> or transferred by Bonower without Lender's prior �vritten consent , excluding ( a } the creation of u lien or encum- ; <br /> brance subordinate to this �fortgage, ( b ) the creation of u purchusc irioney security interest for houaehold nppli- : `� <br /> ances, (c) a transfer by devise, descent or by operation ot la��• upon the death of u joint tenant or (d) the grant of 4'; �� <br /> any lessehold interest of three years or less not contuining an option to purchase , Lender may, at Lender's option, s = `s <br /> declare all the sums secured by this Mortgage to be i�mnediately duc and payable. Lender shal! have waived such ' <br /> option to accelerate if, prior to the sale or transfer, Lender und thc person to whom the Property is to be sold or ; � i <br /> transfened rescl� agreement in writing that the credit of sucL person is satisfactory to Lender and that the interest ; ` 4: <br /> payable on the sums secttred by this vlortgage shali be at such rute as Lender shall request. If Lender has waived . j �� <br /> the option to accelerste provided in thic paragraph 17 and if Borro�eer's successor in interest has executed a writ- y � t <br /> ten sssumption agreement accepted in �vriting by Lender, Lender shnl! relettse Borrower from all obligations under � r ` , `" <br /> this Mortgage and the iVote. * :� s <br /> If I.eader exercises sucii option to accelerate, Lender shnll :nail Borrower notice of acceleration in accordance � " ` ' ' <br /> r <br /> �vith paragraph 14 hereof. Such notice s6all pro�•ide a period of noc less than 30 days from the date the notice is <br /> mailed within which Borrower may pay the su:na deciared due. If Borro�rer fails to pay such sums prior to the '� <br /> expiration of such period, Lender �nay, ��•ithout further noticc or �ic�nand on B'orrower, im•oke any remedies per- ` `4 <br /> initted by paragraph 18 hereof. '' <br />� � �TON-UNIFORM COVENA\TS. B02'1'OWCI' All(� LCI1CICl' tlll'tI1C1' COVCRfl71t Znd a�ree A� tollo�ss : � .. <br /> 1B_ Aecaleration; Remedies. Exeent ns procided in p:umgrupl� 17 hereof, upon BorroweY's breaeh of any <br /> covenant or agreement of Borrower in this \1ortF�tgc. including tlw covenants to pay «-hen due sny sums �ecurecl <br /> by this 1lortgage, Lender prior to accelerntim� �l�ull muil noticc to I3orroti�•cr as �iro�•ided in paragraph 14 hereof , <br /> speeifying: ( 1) the breach ; ( 21 tl�e nction rcyuired tu curc sucli breacl� ; (3 ) a datc, not less thnn thirty days <br /> from the date the notice is mailed to I3orro���rr, 1 >v �� hicl � �uch brencl� must be cured ; and ( 41 that failure to cure <br /> auch breach on or before tl�e date specified in CLc noticc �nay result in acceleration ot thc sum� secured by this ' <br /> Mortgage and sale of the Property. If the breach is not cured on or before thc dste specified in tl�e notice, Lender <br /> at Lender's option may declare all of the sums secm•ed by this 3iortgagc to be immediately due nnd payable <br /> without farther demand and inay foreclose tl�is �fortgage by judicial proceeding. I.cnder shnll be entitleci to collect <br /> in such proceedin� a11 expenses of foreclosure. including, hut not limited to , costs of documentary evidence, ' <br /> abstracts and title reports. <br /> 19. Boaowoia Right to Reiastate. 1'otwitl�etanding Lender's ucceleration of the sums secured by this <br /> Mortgsge, Borrower shall have the right to have any jiroceeding� begun by I.ender to enforce this \fortgage dis- ` <br /> continued at any time prior to entry of a judgment enfo7roing Chis \lortgage if : (a ) Borrow•er pays Lender all <br /> sums which would be then due under this �Iortgsge, thc �'ote and notes securing Future Ad�•ances, if any, had no <br /> acceleration occurred ; (b) Borrower cures all brenche� of an}• other covenantc or sgrcements of Borrower con- <br /> tained in this Mortgage ; (c) Borrower pays all rea�onablc expense� incurreci bp I.ender in cnforcing the covenants <br /> aad agreements of Borrower contained in thi� \4ortgagc anc! in enforcing Lendcr� remedies ns pro�•idecl in psra- <br /> giaph !S hereof, includ9ng, but not limited to, rensonaWe nttorney '� tees ; and Id ) Borrower takes such action ss <br /> Lender msy reasonably require to assure that the lien of this \Iortgagc, Lender's interest in the Property and <br /> Borrower's obligation to pay the sums secured hy this \lortgage shnp contimic unimpaired. LTPon such payment <br /> and cure by Borrower, this Mortgsge and LUe obliqations secured l�ereb}• chull remain in full force nnd effect as if �-� � ! <br /> no acceleration had occurred. - <br /> 20. Ratigansaat of Ronfs; Appoiatmeat of Receioer; Lendez ia Possessioa as additional security here- � <br /> under, Borrower hereby useigris to Lender the renta of the Pmperiy. provided thaL Borrower shall , prior to acceler- � 4 � ;, <br /> ation under paragraph 18 hGreof or abandonment of tlic Property, have the right ta collect nnd retain such rents <br /> as Lheq`become due and payable. • �t`, ;'' <br /> Upon seceleration under paragrsph 18 hereof or sfiandonment of the Yroperty , Lender, in rerson , Uy agent e r ' , <br /> or by'judieially sppointed receivershsll bc entitled to enter upon, take posse�sion of and �nanage the Property `��' ' �'c ' - <br /> and.`to collect the rents ot the Property, including those psst duc. :11] rents collected by Lender or thc recei��cr _ _ . ;;"�� <br /> 'shall be applied firstto payment of'the costs of management of the Property and collection of ren�,, includin€, but <br /> not limited to, receiver's fees, premiums on receiver's Uon�la nnd reasonable attorney's feec, and then to thc sums <br /> seeuzcd by this Mortgage. I,ender and the receiver shall be liahle to account only for those rents actunlly received . <br /> ,. ,�. , .. . _ , _ .. . , . . ,,. _ ` � <br />