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F <br /> \ � <br /> not extend or postpone the due date of tlie monthiv installments referred to in paragraphs 1 and 2 hereof or <br /> change the amount of such inatallments. <br /> ' 10. Borrower Not Released. �xtension bf the tirne for payment or modificution of umortiaation of the sums <br /> '` secnred by this Mortgage granted by Lender to any �uccessor in interest of Borrower shall not operate to reIeaee, <br /> in any manner, t6e I�ability ot t1Ye original Bono�ver und Borro�vcr's successors in interest. Lender shall not be <br /> � required to commence proceedings against such successor or refusc to extend time for payment or otherwise modify <br /> amortization of tihe sums secured by this .�Iortgage by reason of nny demand made by the original Borrower and � <br /> Borrower's succeaeors �n'intereat. � <br /> �� q ' 1L Forbear�ce by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> - � . hereunder; or otherwise afforded by applicable la�v, shsll not be a waiver of or preclude the exerciae of any right <br /> � � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br /> Q aha11 not be a wniver of Lender's right to AcceIerute the maturity of the indebtedness aecured by this Mortgsge. <br /> ,.J. 12: Remedies Cumula6ve: All remedies provided in tdiis \4ortgage are distinet and cumulative to nny other <br /> right or remedy under this \Iortgage or afforde�i by Ia�� or equity, and may be exercised concurrently, independ- <br /> ently or successively. <br /> � " 13. Sueeessots �d Assigns Bound; joint �d Several Liability; Captions. The covennnta and agreements <br /> 1� herein contained ahall bind , nnd the rights I�ereunder shatl inure to, the respectivc successors and assigns of Lender <br /> ;� and Borrower, subject to the provisions of parsgraph 17 hereof. �1ll covenants and agreements of Borrower shaU <br /> be joint ssnd several. The captions and hcadings of tLe puragraphs of this \Iortgage are for convenience only and � <br /> � ure not to be used to interpret or define the provisions hereof. ' <br /> 24. Notice. Any notice to Borrower pro�•ided for in this \Lortgnge shall be gi�•en by mailing such notice by <br /> � certified mail addressed to Borrower at the Property :�ddress .tated bclo�c•, except for any notice required under <br /> paragraph 18 liereof to be given to Borrower in t6e inunncr prescribed bp applicablc law. Any notice provided ' <br /> for in this VIortgage_ shall be deemed to liavc been giaen to Borro�cer when given in the �uanner designated herein. f� <br /> I5. Unifozm Mortgage; Governing Lmv; Severebility. 'Phis forn� of mortgage combines unifor[n covenants <br /> for national use and non-uniform covenants �vitl� limited varistions by jurisdiction to constitute a uniform secu- <br /> rity inatrument covering real property. This \�Iortgage sha❑ be governed by the law of the jurisdiction in which <br /> the Property is located. In the event tl�at any provision or clause of tl�is �fortgage or the Note conflicts with <br /> applicable law, such conAict shall not affect other provisions of this \iortgsge or the Note which csn be given <br /> effect without tlie conflicting provision, und to this end the provisions of the 1lortgage and the Note are declared � <br /> to be severable. � - <br /> 16. Boaower's Copy. Borrower shall be furnished a mnformed copy of this Mortguge at the time of execu- `' <br /> , - tion or after reeordation hereof. ��` <br /> 17. Tr�ssfer of !he Property; Assumptioa. If all or any part of the Property or an interest therein ie sold <br /> or transferred by Borrower without Lender's prior written consent , excluding (a) the creation of a lien or encum- �' <br /> brance subordinate to this vIortgage, ( b) the creation of a purchase money security interest for household app]i- �` <br /> snces, (c) a transfer by devise, descent m• by operation of la«• upon the death of a joint tenant or (d) the grant of �> <br /> anyleasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, -, <br /> declare sll the sume secured by this Mortgage to bc im�nediately due nnd payable. I.ender shall have �vaived such '' <br /> o tion to accelerate if p y r� <br /> P , prior to tlie sale or transfer, Lender and the person to whom the Pro ert is to be sold or � <br /> tranaferred reacli agreement in �vriting that tl�e credit of such �>erson is satisfactory to Lender and that the interest <br /> psysble on the sums secured by this Mortgage shall be at sucii rate as I.ender shall request, If Lender has waived <br /> the option to accelerate provided in this pnragraph 17 and if Borrotver's successor in interest has executed a writ- <br /> ten sssumption agreement accepted in writing by I.ender, Lender shall release Borrower from all obligationa under � <br /> this Moztgage and the Note. <br /> If Lender exercises sucl� option to accelerste, Lender shall !nail Borrower notice of accelerstion in accordaace F <br /> rvith paragraph 14 hereof. Such notice shull procide u period of not less thu.n 30 days fram the date the notice is ' <br /> mailed within which Borrower may pay the sums declared duc. If Borrower fails to pay such sums prior to the � <br /> expiration of such period, Lender may, «�itl�out further notice or riemand on Borrower, im•oke any remedies per- ' <br /> mitted by paragraph 18 hereof. <br /> 1Vox-Uxisos.az CovExwxTs. Borrowei• and Lender fui•tl�er co��en�nt and agree as £ollo�vs : ; <br /> 18: Acceleration; Remedies. Except a� pro�•ided in ��.�ragr.y�h 17 hereof, upon Borrower's breach of any <br /> covenant or agreement of Borro�ver in this �Iortgn�c, including tlic covenants to ��ay �rhen due any cums secured <br /> by this 1lortgage, Lender prior to accelerution sl�all u�atiil notice to Borro«•er as pro�•ided in paragrapli 14 l�ereof <br /> specifying: ( 1 ) the breach ; (2) the action rec3uired to ciu•c �ucli breacl� ; 131 a datc, not less than thirty days <br /> from the date the notice is mailed to Borro«-cr, I >y ��•hicL �ucL brcach must bc cured ; und ( 4 ) that failure to cure <br /> such breach on or before the date specified in the noticc wuy result in acceleraLion of the sums secured by this <br /> Mortgage and sale of the Property. If the breach is not cvred on or befo�r the date specified in the notice, Lender <br /> at Lender's option ivay declarc all of the su�ns secured by thi. \Iortgagc to be i�ninediately due and payable <br /> without further demand and may foreclose tliis �4ortgagc hy judicial proceeding. I,ender sLall be entitled to collect <br /> in such proceeding sll espenses of foreclosure . inclu� ling, but not limited to, costc of documentary evidence, <br /> abstracts and title reports. <br /> 19. Borrowor's Right to Reinstete. �\*ota•ithstanding I,ender's ncceleration of the �umc secured by this <br /> Mortgage, Borrower shall have the right to have any proceeding� begun by Lender to enforce this 1lortgage dis- <br /> F continued st any time prior to entry of u judgment enfoTcing this �Iortgage if : Iui $orrotter pays I.ender al] <br /> suma which would be then due under Lhis \Iort�age, thc �Tote nnd notes securing Future Advancec, if any, had no <br /> seceleration accurred ; (b ) Borrower cures n11 breaches of um• other covenantc or agreements of Borrower con- ' <br /> tained in thie Mortgage ; (c) Borrower pays all reasonablc expense� inrurred by i.ender in enforcing the covenants <br /> and 'sgreements of Borrower contained in this �Iort�a�e and in enforcin� T.ender's remeciies as provided in para- <br /> graph 18 hereof, including, but not limited to, reasonable attorne�'s iee; ; and (d1 Borrower takes such action er� <br /> Leader maY reasonably reqnire to assure that the lien ot t6i� \Iuttgage, Lender's interest in the Property and <br /> Borrower's ob$gation to pay the aums secured by thi; �Iartgage shall continue unimpaired. Upon such payment <br /> and cure byBorrower, thia Mortgage and the obligations secured l�ereb�� shall remain in full forcc und effect as if <br /> no acceleratioa had occurred. <br /> 20• 14asi�at of Ro�s; Appointmeat of Roceiver; Lender in Posaession. As additional security here- �` <br /> under, $orrowe'rhereby aseigns.to Lender tl�e rents of the Property. pro�•ideci that Borrower shall , prior to acceler- � <br /> stion, under paragraph: l8 hereof or abandonment of the Property, ha�•c the right to collect and retain such rents <br />' ' s's,they become due and payat32e. <br /> �:LTpon ao,ceIeration uader paragraph 18 hereof or a6andonmen£ ot the Yroperty, Lender, in person, by agent <br /> ,or,bp.',jndicially,,appoFnted receiverahsll he entitied to enter upon, take posseesion of and inansge the Property <br /> snd<tacolleatithe -renCa of.the^Propertp;. including thoae past due. All rents collected }>y Lender or the rnceivcr <br /> stiall'bespplied first to payment of the' costs of inanagement of .tlie Property and collection of rents, including, but. <br /> noE' limited. to, receiver's fees, premSums on rcceiver's bonria snd ressonablc attomcy-'s fces. and then to the ,um� <br /> aecnred by thia .Mortgage. I.ender and the receiver shall be 1iu61e to account only for those rents aetunll� received. <br /> ._ . ;... . _,....,.. ..w. ._ ._. . . . _ . <br /> _ � . <br />