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_ : �- � . <br /> � � <br /> ; not extend or postpone the due date of the monthly inst� llment� referred to in paragrapl�s 1 nnd 2 hereof ar <br /> change the amount ot suc6 installments. <br /> " 10. Bonower Not Released. �xtension of the time for papment or modification of amortization of the aums <br /> secured by this Vlortgage granted py I,ender to any successor in interest of Borrower shall not operate to relesse, <br /> in any tnanner,:'tlie liability of the originnl Borro�ver nnd Borro�ver's successors in interest. Lender shall not be ' <br /> � required to commence proceedings against sucl� successor or re[use ta extend time for payment or otherwise modify � r' <br /> � amortization of tlie aums secured Uy tl�is \fortgage by reason of uny demand made by the original Borrower and , 5,� , <br /> Borrower's successora in interest. ��� <br /> r"'� 1L Forbear�ce bgLendez Not a Waiver. Any forbearance by Lender in exercising any right or remedy � <br /> � hereunder, or otherwise afforded by appiicable law , shall not be a �raiver of or preclude the exercise of any right i <br /> � or remedy hereunder. The procurement of insurance or thc ��ayment of taxes or other liens or charges by Lender �` <br /> s6s11-notbe "a wstiver oF Lender's right to accelerate the inaturity of tl�e indebtedness secured , by this Mortgage. + <br /> 12. Remedies Cumulative. All remedies provided in this \fortgage are distinct and cumulative to any other ;, . <br /> � right or remedy under this \Iortgage or afforded by In«• or equicy, ;znd �nay be exercised concurrently, independ- � <br /> entiy or successively. � <br /> � 13. Successors �d Assigns Bouad: Joint �d Several Liability; Captioas. The cavennnts and agreements <br /> �' <br /> herein oontained ahall bind , and the rights hereunder nhalt inurc to, thc respectivc successors and assigns of Lender , <br /> and Borrower, subject to the provisions of para�raph 17 hereof. .1❑ covenanG� nnd agmements of Borrower shall ` ' <br /> be joint and several. The captions and 6eadings of fiie paragraph� of this \tortgage are for convenienee only and �,: � <br /> are not to be used to interpret or define t►�e provisions hereof. ��' <br /> G � <br /> 14. Notiee. Any notice to Borrower pro�•ided Por in thi. llor[gxge ;hall bc given by cnniling suah notice by � � <br /> certified mai7 �ddressed to Borrower ut the Propertc :lddress stuterl bclo�r , cxcept for uny no4ice required under �C <br /> paragraph 18 Uereof to be given to Bm•ro�cei• in tl �e inaruier � �rescribed 6y �tpplic�tble lu�v. any notice provideci F <br /> for in this �fortgage �hsll be deemecl to ha�•c hcen given to Borro«•er ��•hen given in Uic manner designated herein. <br /> 15. Uaiform Mortgage; Goveming Law; Severability. 'I'his forn� of mortgage combines uniform covenants s„ <br /> for national use and non-uniform covenants �vitli limiteci varistions by jurisdiction to constitute a uniform secu- ° ' <br /> rity instrutnent covering real property. This \fortga�e shalt be governed by the law of the jurisdiction in which ?' <br /> the Property is located. In the event that any provision or clause of this \4ortgage or the i�7ote conflicts with { ' :. <br /> applicablelaw, such conflict shall not affect other provisions of this \Iortgage or the Note which cnn Ue given �, ' <br /> effect without tlie conflicting provision, and to this end the provisions of the �fortguge and the Note are declared � -;; <br /> to be severable. � <br /> 16. Borrower's Copy. Borro�ver shall be furnished a conformed copy of this �lortgsge at the time of execu- „ <br /> tion or after recordation hereof. : <br /> 17. Tzansfer of the Pro ert - Assum tion. If all or an p y " <br /> p y, p y part of the Pro ert or an interest therein is eold - s , <br /> or transferred by Borrower without Lender s prior written consent , excluding (a) the creation of a lien or encum- r ' <br /> brance subordinate to this vlort�age, ( b ) the creation of a purchasc money security interest for houaehold appli- f , "�; <br /> ances, (c) a transfer by devise, descent or by operation of la�c upon the death of a joint tenant or (d ) the grant of <br /> any leasehold interest of three years or less not contnining an option to purchase, Lender may, at Lender's option, r , ' <br /> declare sll the sums secured by this Mortgage to Uc immediatcly ciuc and payable. Lender shall have waived such + " <br /> option to accelerate if, prior to the sale or trnnsfer, Lender and the person to whom the Property is to be sold or � �, <br /> trsnsfened reach agreement in writing that tl�e credit of such person is satisfactory to Lender and that the intereat r � <br /> psyable on the sums secured by this \4ortgnge shall be nt such rate as 1.ender sliall request. If Lender has waived <br /> the option to accelerate provi3ed in this paragraph 17 and if Borrower's successor in interest has executed a writ- � <br /> ten sasumption agreement accepted in writing by I.ender, I.ender shall release Borrower irom all obligations under g ;: <br /> thie Mortgage and the Note. 4 x ; <br /> � :. <br /> If Lender exercises sucl� option to accelerate, Lender shall �nuil Borrower notice of acceleratioa in accordance ,f;'- <br /> �vith paragraph 14 hereof. Such notice sl�sll provide u ��erioci of not less than 30 dsys from thc date the notice is <br /> mailed within which Borrower may pay the sums declared due. If Borroa•er fails to l�ay such sums prior to the <br /> expiration of such period, Lender may, �cithout further noticc or de�nand on Borrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> �iox-LlvcFoxM CovExwxTs. Borro�ver and Lendm• furtt�er cove�i:int and agree as follo�vs : <br /> 18. Acceteration; Remedies. ExcePt a�s pro�•ided in puragr:i� ih ] 7 hereof, upon Borrower's breach of an}• <br /> covenantibr agreemenEof Borro�ver in this Jlort�n�c, including thc covenants to ��ay �vhen duc �ny sums secured <br /> by this �fortgage, Lender prior to ncccleration shall ivaiil notice to Borro�vcr as l �ro�-ided in parn�ra��l� 14 l�ereof <br /> Apeeifying: ( 1 ) the breach ; (2) ihe nction required to cure sucli bresch ; 131 a date, not less tlian thirt,y days <br /> ftom the date the notiee is mailed to I3orro��•er. L�• �chicl� �uch bre:tic6 must !�e cured ; and ( 41 that failure to cure <br /> such bresch on or before tlie date specifiecl in tlie notice muy re�ult in uccelerrition of the �um� secured by this <br /> . '_�lortgage and sale of the Property. If the brcach is not cured on or befm•c thc dnte specified in tLe notice, Lender <br /> at Lender's option may declare all oF the sutns secured by tl� i� vSortgase to be iinmediacely due and payable <br /> without further demand and may foreclose this \3urtgngc by judicial proceeding. Lender shall bc entitled to collect <br /> in such proceeding ail expenses ot foreclosure, including, but not li�uited to, coste of documentnry evidence, <br /> abatraets and title reports. <br /> 19. Borrower s Right to Reiastate. Not�ti�ithatanding i.ender's a;cceleration of the aums secured by this <br /> Mortgsge, Borrower shaA have the right to have sny proceedings hegun by Lender to enforcc this vlortgage dis- <br /> continued at sny time prior to entry of a judgment enforFcing thia \fortgage if : Ial Borrower paya Lender all <br /> aums whieh would be then due under t.his \Iortgage, thc Note nnd notes securing Future Advances, if anv, hsd na <br /> acceleration occurred ; ( b) $orrower cures ull breachc� of any other co�•ensMs or sgrcements of Borrower con- <br /> tained:in this Mortgage ; (c) Bonower pays ntl reasonable es�ienc� incurreci hy i,endcr in cnforcinF the covenants : <br /> and agreements of Borrower contsined in thic \Iort�age and in enforcin� I.ender'� remedies as provided in para- <br /> graph 18 hereof, including, but not limited to, reasonable attorney'� feea ; and id ) Borrower takes such Action as <br /> Lender may reasonably require to nssure that the lien of this \Iortgagc, Lender's interest in the Property and t <br /> Borrower'a obligation to pay the sums secured by , this \Iortguge al�:�❑ continue unimpaired. Upor. such payment �. <br /> and cure byBorrower, t,6is Mortgagc and the obligations secured hereb�• �l�sll remain in full force and effect as if •- : <br /> no acceleration had occurred. ��` ° <br /> Z0. Asugnm�n! of Reafs: Appoiatmaat oi` RBeeiver, Lender in Possesaion. r1� additional security here- � t+7�' <br /> under, Borrower hereby sesigns to I.ender the rents of fhe Property: provided that Borcow•er shall, prior to acceler- �� ". � <br /> atibn undei`paeagrsph 18 heeeof br abandonnient of the Property, havc the right to collect and retain auch rents �.r'�' <br /> sa` they beeome due and payable. i " <br /> TTpon'aeceleia't3on under paragrsph 18 hereof or afi�ndonment. of the Yroperty, Lender, in person, by agent " c ��, <br /> . �.. � <br /> . or by �udicislly, appointed receiver,shall bc entitled to enter upon, take �osse.-�.aion of and inanage the Property -,J- ._�. .r <br /> � and to t;ollect,the rents of the Property, in.cludin Yhoge <br /> g . pa►st due. All rents collected bv Lender or the receiver <br /> ' ahall bd applied first to payment of the costa of managementof the Property snd collection of mnt_�, including, but. <br /> ' � not limited Eo, receiver's fees, premiums on rnceiver's Uond� and masonsble attorney's fees. and then to the sums <br /> secured by this Mortgage:Lender and the receiver shall bc lioble to account only for those rents achially receiced . � <br />` <br />� <br /> r <br />