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_ _ � ' <br /> ,..�.. ,,_.,� . <br /> ; not extend or postpone tfte due date oi thc montlily instnll�nents referred to in paragraphs I and 2 � hereof or <br /> change t6e amount of sucl� installments. <br /> ' 1Q. Botrower Not Released. �xtension of the tiu�e for payment or �nodification of amortization of the aums <br /> ' secured by this Mortgage grssnted by i,ender to any successor in interest of Borrower shall not .operate to release, -' <br /> " � ' in anq: manner, the liability of the- original Borrower and Borrowcr's successors in interest. Lender shall not be i '�: <br /> ;, � � required to commence proceedings againsG sucli auccessor or refusc to estend time for payment or otherwise modify <br /> amortizstion ofthe surns- secured by this \iortgage by reason of any demand mssde by tUe originul Bonower and �' <br /> {� � Borrower's successors in int.erest. . - <br /> lI_ Forbearance by Lender Not a :Wmver. Any forUearnnce by Lender in exercising any right or remedy t <br /> ' *""� hereunder, or otherwise afforded by applicable ls�v, shall not be a �vaiver of or preclude the exercise of any right �,� <br /> � or remedy hereunder. The procurement of insurance or the ��ayment of taxes or other liens or charges by Lender , <br /> � � shaIl not be a �vniver of Lender's right to accelerAte the u�aturity of the indebtedne,s secured by this Mortgage. >'• <br /> � � � 12. Remedies Cumulative. All remedies prooided in tliis \lortgage nre distinet and cumulstive to any bther r !; <br /> � right or remedy under this �Iortgage or affordc�t hy ln��• or equity, and may be exercised concurrently, independ- ' <br /> ? ently or successively. � <br /> ^� 13_ Successors aad Rssigns Bound; Joint �d Several Liability; Captions_ The covenants und agreements �� <br /> t herein contained shall bind, and the rights liereunder shall inure to, thc respective successors nnd assigns of Lender ;; <br /> .i and Borrawer, subject to the provision� of paragraph 1 i hereof. all covenants and agreements of Borrower sl�all ; <br /> � be joint uad several. The captions snd liesdings of tLe paragra�ih� of this \ forf.�age are for convenience only and r; <br /> , { are not to be used to interpret or define the provicions Lereof. �� <br /> � 14. Notice. Any notice to Borrower pro�•ided for in thi, �lort�a�e shall be gi�•en by mailing such notice by ,S: <br /> � eertified mail addressed to Borro�cer ut the Yroperty Addres� state� l belo�c , except for any notiee required under <br /> .,, paragraph 18 hereof to be given to Borrou•er in thc munner prescribed 65� npplicablc lun�. :1ny notice provided r; <br /> ` ; for in this �Iortgage shali be deemed to ha�-e bcen given to Borro«•er when given in the n�anner designnted herein. � <br /> ? 15. Unilorm Mortgage; Govemiag Law; Severability. This form of mort.gage combines uniform covenants p, <br /> 'j for national use and non-uniform covenants �vitl� limited �•ariations by- jurisdiction to constitute a uniform secu- �' <br /> - rity instrument covering real property. This \Iortgage shull !�e 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 \4ortgnge or the Note conflicts with g <br /> j upplicable law, sucl� conflict sholl not affect. otlier provisions of thi, \Iortgage or the Note which can be given � <br /> 1 effecL without the conflicting provision, and to this end the provisions of thc \Iortgage and the Note are declared � <br /> ; to be severable. j <br /> ,; ; 16. Bozrower's Copy. Borrower shall be furnisliecl a conformed copy of this Dlortgage at the time of exeeu- � <br /> � tion or after recordation hereof. � <br /> 17. Traasfer oi the Property; Assumption. If all or any Imrt of the Property or an interest therein is sold <br /> or transferred by Borrower without Lender� prior written consent, excluding (u) the creation of a lien or encum- ; <br /> � brance subordinate to this VIortgage, ( b) the crention of u purchasc money security interest for household appli- <br /> � ances, (c) a transfer by devise, descent or by operation of la«• upon the death ot a joint tenant or (d) the, grant of � <br /> ' any leasehold interest of three years or less not. containing an option to purchnse, Lender may, at Lender's option, <br /> � declare all the sums secured by this Mortgage to Ue iu�mediutely duc and payable. Lender sh1t1 have waived such � <br /> j option to accelerate if, prior to the sale or transfer, Lender and tl�e person to whom the Property is to be sold or i <br /> � transferred reacl� agreement in �vriting t6at the credit of sucl� person is satisfactory to Lender and that the intemst � <br /> payable on the sums secured by this viortgage shall be at sucl� rnte us I.ender shall request. If Lender has waived � <br /> the option to accelerate provi3ed in this paragrapii 17 anci if Borro«�er's successor in interest has executed u writ- u <br /> � ten assumption agreement accepted in writing by 7.ender, Lender shall release Borrower from all obligations under <br /> this Mortgage and the Note. � = <br /> If Lender exercises such option to sccelerate, Lender shall �nail Borrower notice of acceleration in accordance $ . <br /> � �vith paragraph 14 hereof. Such notice sh:ilt provide a period of not les: tl�nn 30 dnys from the date the notice is � <br /> mailed within which Borrower may psy the sums declared due. If Borro��•er fails to pay such sums prior to the • <br /> � � expiration of such period , Lender may, ���ithout furtlier notice or demand on B'orrower, invoke any remedies per- � <br /> mitted by paragraph 18 hereof. �- <br /> s. <br /> t � \Tox-UxiFoxnc COVENAICTS. I30C1'OWCP .md Lender furtl�er covennnt and agree as follows : - <br />� , 18. Aeeeleration; Remedies. Except as pro�•ided in � �arn.gru��li 17 Lereof, npon Borrower:s breach of any <br /> i ; covenant or agreement of Borro�cer in this �Iort�ngc, includin� tlic covenants to �>ny �vhen due any sums secumd � <br /> ttl by this 1lortgage, Lender prior to ncceteration ,hall m.iil noticc to Borro�vcr as �>ro��ided in paragrapl� 14 I�ereof <br />�; specifying: { 1 ) the breacl ; ( 2) the nction required to cwr .uch breacL ; 13 ) i► datc, not less than thirty days <br />' from the datc thc notice is mailed to I3orro�cer, b�• ���hicl� �ucl� brr.uh iuust bc �•urnd ; and (41 that failurc to cure <br />':� such bresch on or before tlie date specified in tl�e noticc �uuy result in acccleration ot tlic swus secured by this <br />°,� • Mortgage and sale of the Property. If the breach is not cured on or beforc the date specified in tl�e notice, Lender <br /> ,� , at Lender's option may declare ull of the sums secured by this \Iortgagc to be immediately Jue and payable <br /> � without further demand and may foreclose this viortgage by judiciul �iroceeding. Lender shall he entitled to collect <br /> in such proceeding all expenses of foreclosurc, including, but not 1i�nited to, costs of documentary evidence, <br />'; J abstrscts and title reports. <br />" � 19. Bozrower's ffight to Aeinstate. 1\'otwithstanding I.ender's ucceleration ot the sum� secured by this <br /> `i Mortgage, Borrower shall have the right to ha�•e any proceedings begun by Lender to enforcc thie �'tortgage die- <br /> � continuedst any time prior to entry of a judgment enforcing thia \Iortga�;e if : (n ) Borro�cer psys Lender all <br /> sums which would be then due under this \Iortgsge, thc Note and notes securing Future Advances, if any, had no <br />, � acceleration occurred ; (b) Borrower cures all Ureuches of any other co�-eni�ntc or agreements of Rorrower con- <br /> 4 tsined in this Mortgage ; (c) Borrower pays all reasonable espenses incurred b}� I,ender in enforcing the covenants <br />' j and agreements of Bnrrower contained in this 1Iort�age and iu euforcing Lendcr'� remediea sss provided in }>era- <br /> graph 18 hereof; including, butaot limited to, rensonuble attorne}•'s See, ; and fd ) Borrower takes such action as <br />% Lender may reaeonably` require to assure that the lien of this �[ortgage, Lender's interest in the Property and <br />� Borrower'a obligation to paythe sums securecl by this �'Iortgnge �I�nll continue unimpnired. Gpon such papment ,�� �, <br /> and cute by'Borrower, Ehis Mortgage snd the obligations secured liereby �hall remain in full torce an8 effect as if <br /> t no acceleration had occurred. <br />_ < 40. Aseignmqat..of 8aats; Appomtmeat of Receiver; Leader in Possesaioa. As additional security here- � <br />� under, Borrowerher8by aegigiis to L'ender tfie renf,s of tlie Property. pro�•idecl thati Bonow•ec shall, prior to acceler- <br />� s6non und"er;�paragrsph 18 hereof� or a6andonment of the Property, have thr ri�ht to collect and retain yuch rents <br />� ; as they,liecome due and payable. <br /> E . U'poa=,ac6eleration under;paragraph 18 hereof or abandonment of the Yro��erty, Lender, in pereon, bv agent <br />. orby:jndicisllq appointed receiver' ahall be entitted to enter upon , tAke pasaession of nnd manuge the Propetty <br />,�' and to. collect .the rents of. the Property, incYudin� those past due. .�11 rents collected hy 7.endcr or the rPceivcr <br />�;� ahall be spplied firat to payment of the costsbf;management of tl�e Property and collection of rents, including, hut <br />.� not,limited'to, receiver'e fees, premiums on receiver's bonde and reasonnble xttorney's feea. and then to the eum, <br /> 3 secured by this Mortgage. T:ender and the receider shall be liuble ta account only for those rents actualh• received. <br />