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_ _ _ � . _ r- � � <br /> . , . . <br /> not extend or postpone the due dnte of the monthly iustnilments refcrrerl to in parn�raphs 1 nnd 2 hereof or <br /> change the umount of sucl� installments. <br /> 10. Bonower Not Released: �xtension of the ti�nc for �ia,y�nent or �nodification of amortization of the aums <br /> secured by this 1�Iortgage granted by Lender to any successor in incerest. of Borro�ver shslt not operate to release, <br /> in any manne;, the liat�ility ot 'the original Borrower and Borrowcr's successor, in interest. I.ender shall not be <br /> required to commence proceedings against sucli successor or refuse to extend time for payment or otherwise modifg � <br /> nmortizution of the sums secured Gy tl�is \Iortgage b,y reasou of nny demand made by the original Borrower and <br /> Bonower's successora in interest. <br /> 1i. Forbearance by Leader Not a Weiver. Any forbenrance by Lender in exercising any right or remedy <br /> � hereunder, or otherwiae afforded by npp]icable Ia�v, sl�all not be n �caiver of or preclude the exercise of any right <br /> � or remedy hereunder. The procurement of insurance or tlre paymen[ of taxes or other liens or ct�arges by Lender <br /> � shall not be a wsiver of Lender's right to accelerate the cnaturity of the indebtedness se�ured, by this Mortgage. <br /> I2. 8emedies Cumula6ve. All remedies provided in this \lortga�e are distinct and cumulative to any other <br /> '� right or remedy under this �Iortgsge or afforded by lan• or equity. :�nd msy he exerciced concurrently, independ- <br /> � ently or successively. <br /> t 13. Sueaessors �d Rssigns Bound; Joint �d Several Liability; Captions. The corenants ssnd agreements <br /> herein contained shall bind, and the rights hereunder �hail inurc to, thc respectivc successors and sssigns of Lender <br /> 00 and Borrower, subject to the pro��isions of puragrnph l7 hereof_ :1ll covenants and sgreements of Borrower shall <br /> ^• be joint and several. The c�t�tioris and hesdings of tl�e �13ragrz��lis of tt�is ZIort�age are for con�-enience onty and <br /> are not to be usecl to interpret or define the provisions hereof. <br /> 14. Notiee. Any notice to I3orro�ver pro��ided for in thi. \lortgage :liall be gi�•en hy muiling such notice by � <br /> certified inail addressed to Borro«�er ut the Yropert}• Addres. �tcited belo�r, except for uny no[ice required under <br /> parugraph 18 hereof to bc giaen to 73orro«-er in tlu �nunner prescribed b�• :�pplicxble lav�•, any- natice pro�•ided <br /> for in this �Iortgage shall be deen�ed to La�-e been pi��en to Borron•cr w� l�cn given in the manner desi�nnted herein. <br /> 15. Uniiorm Mortgage; Governing Law; Severability. 'Chi� lorm of �nortgage co�nbines uniform covenants <br /> for nationa! use and non-uniform covenants witl� limiteci �•arintions by jurisdiction to constitute a uniform secu- <br /> rity instrument covering real property. This \Iortgage shall bc governed lay the la�v ot the jurisdiction in which <br /> the Property is located. In the event that any provision or clausc of tl�is \-fortgsge or thc Note conflicts with <br /> upplicable law, sucl� conflict shull not affect otl�er pro��isions oi tLis \Iortgage or the Notc which can be given '' <br /> e�ect without the conflicting provision , and to t6is end the provisions of the \Iortgage and the Note are declared <br /> to be severable. <br /> 16. Borrower's Copy. Borrower shull bc iurnished a conformed copy ot this \Iortgage at the time of execu- <br /> tion or sfter recordation hereof. � , <br /> 17. Transier oE the Property; Assumption. If nll or any ��art nf the Property or an interest therein is sold � � <br /> or transferred by Borrower without Lender's prior �vritten consent, excludin� (a ) the creation of s lien or encum- �� <br /> brance subordinate to this \Iortgage, ( b) thc creation of' x purcha�c moncy security interest for househoId appli- � <br /> ances, (c) a transfer by devise, descent or by operation of ln��• upon t.he death of a joint tenunt or (d) the grant of A <br /> any leasehold interest of three years or less not contnining an option to purchasc, Lender may. nt I.ender's option, , �Y <br /> declare all the sums secured by this Mortgage to bc i�meiediutcly due :ind payablc. Lender shall havc waived such � L;5 <br /> option to accelerate if, prior to tl�e sale or transfer, Lender and thc person to �vhom the Property is to Ue sold or _ •;� <br /> transferred reach sgreement in writing that the credit of sucl� person is satisfactoiy to Lender and ihat the interest :'� <br /> payable on the sums secured by this �fortgage shall be st sucli rale as I.ender shull request. If I.ender has waived ,,y, <br /> the option to accelerate provided in this parxgrapl� 17 snd if Borrower's euccessor in interest has executed n writ- <br /> ten assumption agreement accepted in �vriting by Lender, Lender shall release Borrower from sll obligations under �' <br /> this Mortgsge and the Note. , �,.� <br /> If Lender exercises such option to sccelernte, Lender shall �nail Borrower notice of acceleration in accordance �' <br /> �vith paragraph 14 hereof. Such notice shall prucide u period of not ]ess tlian 30 days from the dste the notice is <br /> mniled within which Bonow•er tnay pay tlie sums declared duc. If Borrotirer fails to pay such sums prior to the <br /> expitation of such period, Lender may. «•ithout further notice or demnnd on B"orro�a•er, invoke uny remedies per- <br /> mitted by paragra.ph 18 hereof. <br /> ��ON-UNIFORhL COVENA.\•TS. BOl'I'O\iCl' AIICI LCIl(�Ql' t�i11'Y�I1BP covenaint and a�;i•ee ns follows : � � � . <br /> 18. Acceleration; Remedies. Except ai� pro�•ided in �r.u•agr;tt�h 17 hereof, uF�on Borrower's breach of anv <br /> covenant oragreement of Borroacer in tlii� \imt���c, incluriing thc covenants to pay «•i�cn dac nny sums secured <br /> by this 1lortgage, Lender prior to aceelerntiou �Lafi nuiit notice to E3orro�r�r u. pro�•ided in psra�rnph 14 hereof <br /> specifying : ( 1 ) the bresch ; (21 the nction requireci to cure �uch broacl� ; ( 31 a dnte, not les� tl3an thirty days <br /> from the date the notiee is inailed to I3orro��•er, ln- ..•hich �ucl, bre:ieli must he rured ; unct (41 that tuilure to cure <br /> such breach on or before the date specified in the noticc roay result in acceleration of tlie smns secured by this <br /> �lortgsge and sale of the Property. If the breacl� is not cured ors or beforc tlic date specified in the notice, Lender <br /> at Lender's option may declmm �ll of thc sums secured by thi= JIortgugc to be inunediatcly due and payable <br /> without further demand and may foreelose tliis �iortgage by judicial proceeding. Lender shall be entitled to collect <br /> in sueh proceeding all expenses of foreclosure , inelu�ling, hut not li�uited to, costs of docuu�entacy evidenee, <br /> abstracts and titte reports. <br /> 19. Borrowor's Right to Reinstata. �Totwith�tnnding 7.ender's .icceleration af the awnc secured by this <br /> Mortgage, Borzower shall have the right to ha��e any proceedings begun by 7.endcr to enforcc this \tortgage dis- <br /> continued at any time prior to entry of a judgment enfo7cing this �Iortgage if : � al Borro�ver psye Lender all ; <br /> auma which would be then due under this \tortgage, thc A'ote and notes securing Futurc Ad�•ances, if any, had no <br /> acoeleration oecurred ; ( b) Borrower curee all breache� of anp other co�•enantc or agreements of Borrnwer con- <br /> teined in Ehie Mortgage ; (e) Borrower pays all reasonablc expensec �ncurred by T,ender in enforcing the covenants <br /> and agreements of Borroa•er contained in this \fortg:tge and in enforcing I,ender', remedies ns provided in para- <br /> graph 18 hereof, including, but not limited to, reacanable sttornc�•'s ]ee� : nnd � dl Barrower takes such acLion as <br /> Lender may reasonably require to assure thst the lien of this �iortgage, Lender's intcrest in the Praperty and t <br /> Borrower's obligation to pay the sums secured by this \iortgage shnil continue unimpaired . Upon such payment <br /> and cure byBorrower, this Mortgage and the obliqation� secured l�ereby �hall remain in full force ancl effect as if - � ' <br /> no acceleration had occurred. � ` <br /> 20. Assignmeat of Roats; Appointmeat oi Raeeiver; Leadar ia Posaessioa. As additional security here- � � � <br /> under, Borrower hereby aseiggs to Lender the rents of the Property-. procided tl�at Borrower shall , prior to acceler- <br /> stion under parsgrsph 18 hereof or abandonment of the Property, have thc right to collect and retain such rents � � ', <br /> as they become due 8nd payable. :� <br /> Upoa seceleration under psragrapl� 18 hereof or abandonment of the Yroperty . Lender, in person , bp agent � K 4 � ",� <br /> or by. judieisllyappointed receiver shall be entitled to enter u}wn , take Possession of and munage thc Property �.. ,,y�� . . <br /> and to collectthe rents of' the Property, including those paet due. All rentc colleeted by Lendcr or the receicer <br /> ahall be applied firstto payment of the coste of management of the Property and colleetion of rent., including, but <br /> not limited to, receiver's fees, premiums on mceiver'c t�onds and rensonable attorney 's fees. and then to the sums <br /> secured' by this Mortgage. Lender and the receiver siisll bc liable ta account only for those rents actunllv recei��ed. <br /> ' � <br />