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: _ _ _ . r" � <br /> � �� _ - ` � ' � <br /> not ,eactend or postpone the due ciate of tl�e monthly instnllments referred to in pnragraphs 1 and 2 hereof or <br /> � chsnge the amount of such installments. <br /> � 10. ' Borrower Not Released. Extension of the time for payment or modification of amortization of the sums � <br /> € secvred by this Mortgage 'granted . by Lender to any successor in interest of Borrower shall not operate to release, � . <br /> .. , in any m8nner, the liability o[ t2�e originul Borrower nnd Borrow•cr's successors in interest. Lender shall not be � <br /> i required�to commeace proceedingB sgainst sucl� successor or refuse to extend time far payment or otherwiae modify ' ,+Y <br /> smortization of the aums secured by tl�is liortgage by reason of any demand mrsde by the original Borrower and <br /> -,� Borrower's successors in interest. a ,�` <br /> 11r :Forbear�ce by 7.oader :Not a Waiver. Any forbearance by Lender in exercising any right or remedy ' � � <br /> ; � � hereunder, or"othercvise afforded by applicable la«�, shnll not be a wniver of or preclude the exercise of any right ' G ' <br /> or remedy hereunder. The pmcurement of insurance or tl�e ��nyment of tuxes or other liens or chsrges by Lender t ' <br /> � p. shall not be a °waiver of Lender's right to acceterate the maturity of the indebtedness secured Uy this Mortgsge. ; <br /> ' 7 � 12: Remedies Cumulative. All remedies providecl in this _l4ortgage are distinct and cumulntive to any other <br /> � '-"f right or remedy, under this \-Iortgage or ufforded by la�t� or equity, nnd ma}• bc exercised concurrently, independ- �: <br /> - � d ently or successively. r, <br /> : � 13. Successors �d Rssigns Bound; loiat �d Several Liability; Captions. The covennnts and agreements � <br /> f , herein contnined ahall bind, and the rights hereunder shull inure to, thc respectivc successors and assigns of Lender i- F <br /> ; � and Borrower, subject to the provisions of paragruph 17 hereof. �11 covenants and agrecments of Borrower ahall <br /> � 1`� be joint and severaI_ The captions and lieadings oP tlie paragra��he of tliis \ [ortgage are for convenience only snd ° ? <br /> are not to be used to interpret or definc the provisions liereof. ''" ' ' <br /> i ' 14. Notice. Any notice to Borrower pro�•ided for in tl�is �lortgage shalf bc gi�•en by mailing such notice by � <br /> i certified mail addresced to Borrower at thc Property Address etated belo��• , except for uny notice required under 1' <br /> t' psragraph 18 hereof to be given to Borro«•er in thc �nanncr prescribed by applic�ble law. Any notice provided t;£ � ; <br /> ? far in this �fortgage shall be deeu�ed to liavc been given to Borro«�er wl�en given in tl�e manner designated herein. �° '` <br /> y 15. Uaifozm Mortgage; Goveraing Law; Severability. Tl�ic forn� of �nortgage combines uniform covenants �, , � f rs <br /> i fornational use and non-uniform covenants �vitli limited �•ariations by jurisdiction to constitute n uniform secu- t`,; 'r` <br /> rity instrument covering real property. This \Iortgage shalt be governed 6y the Ia�v of the jurisdiction in which i¢ „ <br /> � tfie Property is located. In the event that any provision or clausc of this Mortgage or the Note conRicts with u <br /> Ke <br /> � applicable law, such conflict shail not affect other provisions of this \Iortgage or the I�Tote which cun be given �; <br /> effect without the conflicting provision, and to this end the provisions of the �iort�age nnd the Note are declared <br /> � tio be severable. �' <br /> :� 16. Bonowez's Copy. Borro�ver shall be furnished a conformed copy of this Afort�age at the time of execu- � , �� ' <br /> + tion or after recordntion hereof. � � <br /> � 17. Transfer of the Property; AssumpGca, If all or any part of the Property or an interest therein is sold <br /> � ' r � , , a <br /> � � or transfened by Borrower �vithout Lender's prior written consent, excluding (a) the creation of a lien or encum- � i, <br /> j{ brance subordinate to this viortgage, ( b) the creation of a purchase money security interest for househoid appli- g , *; <br /> ances, (c) a transfer by devise, descent or by operation of la��• upon the death of a joint tenant or (d) the, grant of ' ' <br /> 1 any ]easehold interest of three years or less not containing un option to purchase, Lender may, at Lender's option, � � x�: <br /> ; } declare all the sums secured by this vlortgage to bc i�ninediately due and payable. Lender ahall I�ave waived such r ' � <br /> f option to acce]erate if, prior to tl�e sale or transfer, Lender und tlie person to �vhom the Property is to be sold or � � <br /> � r° <br /> � trsnsferred reach agreement in writing that tLe credit of sucl� person is satisfactorp to Lender and that the intereat %i <br /> r- <br /> paysble on the sums secured by this i4lortgage shsil bc st sucL ratc as I.ender shull request. If Lender has waived � ',, <br /> � the option to accelerate provi3ed in this paragrupl� 17 and if Borrower's successor in interest has executed a writ- <br /> ten sesum tion a ' , �-. <br /> p greement accepted in writin� by Lender, Lender shull release Borrower from all obligations under ` ,* <br /> thie Mortgage and the Note. r <br /> �'� <br /> �: Sf Lender exercisessucl� option to accelerate, Lender shall mail Borrower notice of acceleration in necordance , �," <br /> ; with paragraph 14 hercof. Such notice shall provide a ��eriod of not Icss thun 30 days from the date the notice is ' <br /> imailed within which Bonower may pay the su�ns declared due. If Borroa•er fails to pay such sums prior to the i `*" <br /> expiration of such period, Lender may, «�ithout. furthei• notice or demand on B'orrower, invoke any remedies per- 4 + <br /> � mitted b <br /> y paragraph 1S hereof. ; � <br /> j \�ON-UNIFORM COVENAh'TS. B011'O\Y@1' Ari(I L@I7C�@I' tlil't.IIC'1' COVeTiant and agree as follo�vs : <br /> i <br /> 1 18. Aeeeleratiora; Remedies. Except as pro��ided in �i:�ra�rai�li 17 hereof, npon Borrower's breach of any <br /> � covenunt or sgreement of Borro�ver in this JIortF:igc, inciuding tLc covenant. to pay �vhen duc any sums secured <br /> y by this �Iortgage, Lender �irior to acccleration ,6a11 muil noticc to Borro�vcr as �irovided in paragraph 14 hereof <br /> � specifying: ( 1 ) the bresch ; ( 2 ) tl�e action required to cw•c �uch brexch ; 13 ) a date, not less tl�an thirty duys <br /> j from the date the notice is mailed to Borro�ver, In• ���hich such brrucl � must be cured ; and (41 that failurc to cure <br /> -� such breach on or before tl�e date specified in the noticc nu�y result in acccleration of the sums secured by this <br /> � . Mortgage and sale of the Propetty. If the breac}i is not cured on or beforc the �late specificd in tl�e notice, Lender <br /> I at Lender's option may cteclare all of the sums secured by this \tortgagc to be immediately due and payable <br /> � without further demand and msy foreclose this \4ortgagc by judicial proceeding. Lender shall be entitled to collect <br /> 3 in such proceeding all expenses of foreclosurc, including, hut not li�uitcd to. costs of documentary evidence, <br /> � abstracts and title reports. <br /> 19. Bonower's Right to Reiastate. \'otwithstanding I.ender's acceleration ot the sumc secured by this <br /> # Mortgage, Borrower shall hsve the nght to have any proceedings begun by 7.endcr to enforce this Viortgage dis- <br /> ; coatinued at any time prior to entry of a judgment enfqrcing this \tortgage if : ( ssl Borro�cer pays Lender all <br /> � sums which would be then due under this �Iortg3�e, thc I�'ote and notes securing Future Advances, if any, had no <br /> acceleration occurted ; (b ) Borrower cures all breaches of any- other co�-enants or agreements of Borrower con- ;�, <br /> tained in:this Mortgage ; (c) Borrower pays all reasonnblc expen�ec incurreri by i.ender in enfoming the covennnt.. <br /> and agreements of Borrower contained in thin \3ortgage and in eniorcin� 7.ender i remedies us provided in para- = '�', <br /> graph 18 hezeof,'including, but not )imited to, reasonaLle attorney 's fee� ; and � dl Borrower tskes such action as :�r <br /> E:ender msy reasonabIy require to assure that the lien of this \Iortgage. Lender's interest in the Pmperty and <br /> Borrower's bbligatibn to pay the sums secured by thi� lfortgage :hnll continuc unimpaired. Upon such payment ' <br /> arid `avi�e by Borroover, this Mortgege and the obligation� secured 1�ereUy .hall remain in [ull force and effect as if � `'� �r <br /> no acceleration had occurred. <br /> ; 20. Asetgasm�at. ad Roatb; gppoia�aent ; of Receivsz; Leader ia Poaseasion. As sdditionnl security here- � � . <br /> �d�'� BO21'OR'�'����Y �i�g ��nder the renta of the Propertp, nro��ideci that Borro��•er shall `+:"�` ` '� <br /> sti n ut�der ars � y g , �rior to acceler- � , „ <br /> O p graph 18 hereof or absndonment of the Pro ert have thc ri ht to collect and retain such rents �;";° ' � <br /> s8 they become due 'and paysble: ' � <br /> ' Upbn acceleration under'psragrsph 2$ hereof or x5sndonmeat ot the Yroperty, Lender, in person, by agent �;y:,,.. <br /> or by yudieaaUy appo�rited receiver ahsll 6e entitled to - enter. upon, take possession of and �nanage the Yroperty ""` �' - �' <br /> arid .$o :coI]ecG the renta ot the Property, irtcluding, thosc Past due. All rents collecteci bv Lender or t.he receiver <br /> sbsll be;spplied fi:st to payment of the costs of ms6agemenG of the Property and colleotion of rents, induding, hut <br /> not limited to, receiver's fees, ��remiums on mceiver's bond� and mssonable attorncy's fees. and then to tlie sums <br /> F� aecured by this Mortguge, Lender and thc receiver x�isll be liable to account only for those rrnt� n�tunlly m�eived . � <br /> C� <br /> i <br />� ' ._ . . :- . ... �. .�., , . .. . . ..._ . ...... . . . .....: .. . _ . _. . . . . � <br />