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_ '� � _ � <br /> , <br /> not extend or postpone the due date of the monthly installment� referred to in paragraphs 1 and 2 hereof or <br /> change the umount of such instssltments. <br /> 10. Boaower Not Released. Fa�tension of tlie tirne for payment or modification of amortization of the eums <br /> ? secured by this 12ortgage grunted by Z.ender to any euccessor in interest of Borrower shsll not operate to release, <br /> � in uny manner, the liabiiity ot the originnl I3orro�ver and Borron•cr's successors in interest. Lender shall not be ; <br /> ¢ n <br /> � required to commence proceedings against such successor or refuse to extend time for payment or othernise modify ' <br /> � � � amortization of the sums secured by tl�is \Iortgage l>� reusou of nny demand mada by the orisinal Borrower and ' t ' <br /> � Borrower'a auccessore in interesG. +: <br /> �j . <br /> � 11. Forbearaace by Leader Not a Waiver. zlny forbearance by Lender in exerciaing any right or remed y � ' ; <br /> 'i '"1 hereunder; or otherwise afforded by appticable la�v, shall not be n waiver of or preclude the exercise of any right � <br /> t O or remedy hereunder. The procurement of insursnce or the puyment of taxes or other liens or charges by Lender -' <br /> , ( '�J shall` not be a waiver of Lender's right to accelerate the maturity of tl�e indebtedness secured by this Mortgage_ : <br /> 12. Remedies Cumulative. All remedies provided in tLis \lortgage are distinct and cumulative to any other ; <br /> F � right or mmedy under this .11ortgage or nfforded b�• lnw• �r c�ryuity, and ma�• be exercised concurrently, independ- " <br /> r ��� <br /> f h ently or succeasivety. rs <br /> S 13. Suecessors �d Rssigns Bouad; Joint �d Several Liability; Captioas. The covennnts and agreements � ' <br /> ,. � herein contsined ahall bind , and the rights I�ereunder rliul ! inure to, the respective successors nnd ussigns of Lender ' <br /> t and Borrower, subject to the provisions of para�raph 17 hereoC. :111 covenants and agreements of Borrower shail <br /> . f be joint and several. The captions and lieadings of the paragra�ih� of this \ fortgage are for convenience only and <br /> � are not to be used to interpret or define the Provision, Lereof. p +�,; <br /> 14. Notiee. An notiee to Borrocr•er uo��ided for in thi� \lort u r ,I�all be g y �- <br /> 1 Y I g g � : given by mailin such notice b <br /> � certified mail addressed to Borro�ver nt tl�e Propertv Address ctated belo�c , except for any notioe required under <br /> ,� paragraph 18 hereof to be given to Borro�cer in the manner �n•escribed by stpplicable law. Any notice proc•ided � ��; <br /> forin this Vlort a e shall be deemeci to ha�•c been ' =t <br /> g g gi�•en to Borro�rer �chen given in the manner designuted herein . <br /> �: 15. Uniform Mortgage; Goveming Law; Sevezability_ 'I'his form of mortgage combines uniform covenants c t. <br /> fornational use and non-uniform covenssnts �vitl� limitec! �-sriations In� jurisdiction to constitute a uniform secu- ` <br /> "' � rity instrument covering real property. This \Iortgagc shall bc governed by the la�v of the jurisdiction in which <br /> the Property is located. In the event that any provision or clause of this \fortgage or the Note conAicts with <br /> applicable law, such conflict shnll not affect otlier pro�•isions of tl�is \fortgage or the Note �vhich enn be given _ �„ <br /> } e$'ect without the conHicting provision , and to this end the provisions of the �[ortgage and the Note are declared "'+ <br /> t to be severable. <br /> . r I6. Borrower's Copy. Borrower shall be furnislied a conformed copy of this tlortgage at the time of execu- <br /> tion or after recordation hereof. � r 4 ., <br /> # 17. Traaslez of the Propezty: Assumptioa. If ali or any purt of the Property or an intereat therein is eold <br /> � or transferred by Borrower without Lender's prior written consent. excluding (a ) the crestion of a lien or encum- * � <br /> ! brance subordinate to this Mortgage, ( b) the creation of a purchase monep security interest For household appli- ;f,: <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 � J" ', <br /> ' � any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, �, - <br /> �' declsre all the sums secured by this Mortgage to be i�n�uediatcly due and payable. Lender shall l�ave waived such 4 <br /> �� option to accelerate if, prior to the sale or tranefer, Lender and tl�c person to whom the Property is to be sold or � a <br /> transferred reach agreement in �vriting tl�nt the credit oi sucli person is satisfactory to Lender and that the interest ; ' <br /> �` payable on the sums secured by this Mortga�e shali Leat such ratc as Lender sha11 request. If Lender has waived �' � ` `: <br /> ' the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- S �Y <br /> 7 ten assumption agreement accepted in writing by I.ender, Lender shall release Borrower from all obligations under ' ` "' <br /> f: this Mortgage and the Note. f <br /> {; If Lender exercises such option to accelerste, Lender shall enail Borrower notice of acceleration in accordance , �� <br /> �: wit2� paragraph 14 hereof. Such notice shall provide a period of not less thun 30 days from the date tUe notice is e : ., <br /> mailed within which Boaower may pay the sums declared duc. If Borro�cer fails to puy such sums prior to the ' � �; <br /> expiration of such period, Lender may. �vithout further notice m• demand on B'orrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. �' f <br /> � \'ON-UNIFORM CovExw:cTs. Bori•o�ver and Lendei• furtlier covenant and agree as follo«�s : <br /> � 18. Aeeeleration; Remedies. Except us proci�led in Fmragr:i� �li li hereof, upon Borrower's breach of any - <br /> covenant or agreement of Borron•er in this \Iort�age, incluciing the covenants to pny ��•hen due any svms secured <br /> � by this Alortgage, Lender t�rior to acceleration sLall uuiil noticc to Borroa•cr as �iro�•idcd in paragrapli 14 hereof <br /> {; specifying: ( 1 ) the breacl� ; (2 ) tl�e action required to curo such breach ; 13 ) ss datc, not less than thirt,y days <br /> i , from the date the noticc is uiniled to I3orro�cer, 4}• ��•I�ich cucli brencL u�ust be cw•ed ; and (4 ) thnt failurc to cure <br /> ;. such breach on or before the date specified in the notice may result in acceleration ot tl�e swny secured by this <br /> �' Mortgage and sale of the Property. If the breach is not cured on or beforc the date specified in the notice, Lender <br /> �' , at Lender's option may declare all of the sums secured hy this �lortgagc to be immediately due and payabie <br /> � without further demand and may foreclose this �iortgnge by judicial proceeding. Lender shall bc entitled to collect <br /> , � in such proceeding all expenses ot foreclosurc, inclu<ling, btit not liini[ed to, costs of docuu�entary evidence, <br /> 3, abstracts snd title reports. <br /> •3� 19. Borrowoza Right to Reiastate. Notw•ithstanding I.ender's ucceleration of the sume secured by this <br /> _�' Moztgage, Borrower shall have the right to have uny proceeding. begun by 7.endcr to enforcc this Mortgage dis- <br /> ,; - continued at sny time prior to entry of s judgment enfoXcing this \lortgage if : ( al Borro«er pays Lender all <br /> ;� snme which would be then due under this Jlortgage, the Note nncl notes securing Futurc Advances, if any, had no <br /> s�, acceleratioa occurred ; (b ) Borrower curee all breaclie� of 3ny other coven:�nts or agrcements of Borrower con- <br /> tained in thie Mortgage ; (c) Borrowet pays all reasonable expenses incurred by I.ender in enforcing the covenants <br /> � and agreements of Borrower contained in this \iortgage and in enforcing T.ender's remedies as provided in para- <br /> • ��' graph 18 hereof, including, but not limited to, reasonuble nttorney'� fee� ; nnd fd ) Borrower takea such nction as <br /> ..'si ��1ez msy reasonably require to sssure thst the lien of this \Iortgage, Lender's interest in the Property and <br /> �S Borrower's obligation to pay the sums securecl by thic �Zortgage shx❑ continue unimpaired. Upon such payment ,; <br /> ��, snd cuze by Borrower, this Mortgage and the obligations secured hereby �hall mmain in full force and effect as if <br /> . i , no acceleratioa had occurred. _ v c..•za <br /> 20. Aaaignmoat oi, Hoafa; Appointment o( Raceivaz; Landar iu Possession. �s additionsl security here- w. <br /> uader, Boaower hereby aseigns to Lender the rents of the Property, provided t6at Borrower shall , prior to a�celer- i �;�, ;, <br /> ation under paragrsph 18 hereof or abaadonment of the Property, have thc right to collect and retain auch renta J �� ,; ; <br /> ' ag:they become duesnd payable. d�'S`l; ,. <br /> ; :, . Upom;acceleration under paragraph 18 hereof or abandonmeat of the Yroperty, Lender, in person, bv agent � ' <br /> • � oa: by%judicially appointed receiver- shaA be entitled to enter-.upon, take posaeeaion of and �nanage the Property �"� '` <br /> .3: and to collect 'the rente of the Property, including those past due. All rents collectecl by Lender or the receiver '= +"�.. <br /> �: ahsll be spplied &ra't ta psqment of the costs-of msnsgement of the Property and collection of rents, including, but Y <br /> � not limited to, receiver's fees, pre[niums on receivec's Gouil� and reasonable attorneys tees, und then to the sums <br /> ; secured by'thia Mortgsge. Lender and the receiver shall he liuble to account only for those rents actunlly mceived. <br /> � <br /> fir <br /> Y . .. . .. .. ,. . . . . w . . . .� . . .. ... <br /> - ... .�s '.r.... . .�. . :.� .... � r . . . 0 <br />� . . . . . . . . . . . � . . . .. � . . . . . .. . �� . . <br /> t. . . . . . . � . . . . . �. . . . . . . ' . <br />