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_ _ � . _ � <br /> � � ,.,� <br /> not extend or postpone the due date of the monthly instnllments referred to in parsgraphs 1 and 2 hereof or <br /> `i change the amount of sucli instsllments. � <br /> � l0. Borrower Not RaleasecY. Extenaion of the time for payment or modification of amortization of the suma <br /> ' secured by this il�fortgage granted by Lender to'any •uccessor in interest of Borrower shall not opernte to release, <br /> ' � in any manner, the liability of the original Borrower and Borrower's successors in iuteTest. Lender shall not be <br /> required to commence proceedinge sgainst sucli successor or refuse to cYtend time for payment or otherwiae modify v ' � f <br /> � amortizstion of the aums secureci by tl�is. \4ortgage by reason of uny demand made by the original Borrower and � <br /> '`� Borrower's auocessors in interest_ <br /> � � 11. Forbseraace by Lende: Not a Wmver. Any forbearance by Lender in exercising any right or remedy y , . <br /> � hereunder, or otherwise afforded by applicable la�v, shall not be a waiver oF or preclude the exercise o£ any right ' <br /> ,� � or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender ' <br /> t ahall' nat be a waiver of Lender's right to accelerAte the maturity of the indebtedness secured by this Mortgage. � ' <br /> � � � 12. Remedies CumulaHve. All remedies provided in this \�ortgage are distinct and cumulative to a.ny other <br /> � � d right or remedy under this 1�Iortgage or nfforded I�y la��- or equity, and may bc exercised concurrently, independ- '� <br /> x � ently orsuccessively. <br /> ' � r ` 13. Suceessors aad Assigas Bouad: Toint �d Several Liability; Cap6ons. The covenants and agreements s '; <br /> � pp herein contsined shall bind; nnd t6e rights liereunder shall inure to, the respective successors and assigns of Lender <br /> ' t`t an@ Borrower, subject to the provisions of ��uragraph 17 hereof. All covenants and agreements of Borrower shall � <br /> x.' <br /> ;'�1 be joint and several. The captions and lieadings of the paragraplis of this \iortgu�e are for convenience only and �. <br /> � are not to be used to interpret or define the provisions hereof. <br /> � 14. Notiee. Any notice to Borrower provided for in tliis \fortgage shall bc gicen by mailin� such notice by � <br /> � certified mail addressed to Borro�ver ut thc Pro��ert.y Address stnted hclow, except for any notice required under <br /> .�' paragrsph 18 hereof to be given to Borro«•er in the manner prescribed by :tp�ilicnble law. Any notice provided }�; <br /> 3 for in this �Iortgage shsll be deemed to l�ave been given to Borro�ver �vhen given in the inanner designated herein. � <br /> a 15. Unifoaa Mortgage; Goveming Law; Severability. This fonn of mortgage combines uniform covenants <br /> ' i for nationai use and non-uniform covenants �vitli limited cariations by jurisdiction to constitute a uniform secu- <br /> �, rity instrument covering real property. This \fortgage shall bc governed by the law of the jurisdiction in which <br /> the Property is located. In the event that nny provision or clause of this 14ortguge or the Note conflicta with <br /> :� applicable law, such conflict shall not affect otlier provisions of this \lortgage or the Note a•hich can be given , <br /> effect without Lhe conflicting provision, and to this end the provisions of the �lortgage and the Note are deciared ; <br /> to be aeverabl� s <br /> t 16. Boarowei s Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- ` � <br /> �' tion or after recordation hereof. <br /> �' 17. Traasfer of the Pzo ert As4um tion If nll or an art of the Pro ert or an interest therein is sold h* <br /> ,. P Y: P Y P P Y <br /> i� or transferred by Borrower �vithout Lender's prior written consent, excluding (a) the creation of a lien or encum- t� <br /> _ � brance subordinate to this Mortgage, ( b ) the creation of a purchase money secnrity interest for househoId appli- « <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 /> . ,� any leasehold interest of three years ar less not containing an option to purchase, Lender may, at Lender's option, �? <br /> # declare all the sums secured by this riortgage to be immediately due and payable. Lender shall have waived such � <br /> option to accelerate if, prior to tl�e sale or transfer, Lender sud the person to whom the Property is to be sold or r <br /> �: trsnsferred reacli agreement in �vriting that the credit of sucli person is satisfactory to Lender and thot the interest � <br /> j: payable on the aums secured by this� Mortgage shsll be st sucli rate as Lender shall request. If Lender has waived � <br /> ' ; , the option to accelerate provi3ed in this paragraph 17 and if Borrower's successor in interest hss executed a writ- �' <br /> ten assumption agreement accepted in �vriting by 7.ender, Lender shall relesse Borrower from sll obligations under <br /> � this Mortgage snd the Note. <br /> � � If Lender exercises such option to accelerate, Lender shall snail Borrower notice of accelerstion in aceordance %y <br /> � with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is y; <br /> � ; mailed within which Borrower inay pay the sumr, declared due. If Borrower fails to pay such sums prior to the ' <br /> � expirstion of 'such period, Lender may, �vithout further notice or demand on Bbrrower, invoke any remedies per- `� <br /> mitted by para.graph 18 hereoi. <br /> z : <br /> i ��ox-UxiFowM Covsxwxxs. Borro�ver and Lendei• furtlier covenant and agree as follo�vs : <br /> „1 18. AeceEeration; Remedies. Except as pro�•idecl in � �iu•agr:ti� �B 17 hereof, upon Borrower's breacli of any <br /> r E ' covenant or agreement ot Borro�ver in this tilortgngc, including thc covensnts to pny �+•6en due nny sums secured <br /> @ ; by this \lortgage, Lender prior to acceleration shall miiil noticc to Borro�vcr uc �iro��ided in rsragrapli 14 l�ereof <br /> specifying: ( 1 ) the breach ; (2 ) the action required to curc �us}i brcach ; (3 ) a datc , not less tlian thirty days <br />� � from the date thc notice is mailecl to I3orro��•cr, b�• �vl�ich :ucl� brencli �uust bc cured ; �nd (4 ) that tailure to cure , <br /> C ; ; such bresch on or before tl�e date specified in tlie noticc mssy result in acceleration of tlie sums secured by this <br /> ' Mortgage and sale of the ProperLy. If the brcach is not cured on or beforc the date specified in the notice, Lender <br /> E � ' at Lender's option may declarc all of the swns secured by this Mortgagc to be immediately due and payable <br />� s� without further demand nnd may foreclose tl�is \iortglge by judicial proceeding. Lender shal! be entitled to collect <br /> i ;ii in such proceeding all expenses of foreclosurc, including, but not lin�ited to, costs of docwnentary evidence, <br /> 5 � Abstrsets and title reports. <br />, , 19. Sorsovv�r's Right to Reinstate. \`otwithstunding I.ender's acceleration of the sums secured by this <br />' � Mortgage, Borrower shall have tlie right to hnve any proceedings begun by 7.endm• to enforcc this Viortgage dis- <br />' y ; continued at any time prior to entry of a judgment enfq�cing this \Iortgnge if : (a ) Borrower pays Lender all <br /> x '+ aums which would be then due under this \Iortgage, the I�Tote nnd notes securing Future Advances, if any, had no <br />,�„) , <br />� { acceleration occurred ; (b) Borrower cures all breaches of any other co�•enants or agrcements ot Borrower con- <br /> tained in this Mortgage ; (c) Borsower pays zll rea.aonablc espenees imurred bv I.ender in cnforcing the covenantc+ <br /> s T aad agreements of Borrower contained in this vlortgage and in enforcing I.ender g remedies as provided in para- _ <br /> y : graph 18hereaf, including, but notlimited tqreasonable ssttorney's fees ; and ( d ) Borrower takes such action as <br />�-3 Lender may reasonably require to assure that the lien of this �lortgagc. Lender's interest in the Property and <br />�;� Borrower's obLSgation topay the aums secured by thi= �Iortgage s►iall continuc imimpnired. Upon such puyment <br />��,, and cure by Bo�rower, this .Mortgage and the obligations secured hereby shall remain in full force and effect as if "� <br /> no acaeleratioa had occuned. <br />� t 20. ` Assigam�at of ;Retsts: Appoiatmeat ;of Roeeiver, Lender in Poaseasioa As additional security here- I <br /> ' und"er;,Boriowe; }iei�eby a8signs.to'Ijender the renfs of the Propert.y: pro��ided thnt. Borrou•er shall, prior to acceler- <br /> ; atioa under paragraph 18 hereof or sbandonr�ient of the. Property, havc the riglrt to collect snd mtain auch rnnts <br />� ' astthey become due and.payable. <br />� � - � IIpoa;socelemtion under paragraph 18� l�ereof or-e}asndonment of the Yroperty. Lender, in person, bv agent <br />�'� or by jndicislly-appointed -receiver shs11 be' entiCled to enter upon , take posseasian of nnd inanage the Property <br />�.y^ and to collect �the .rents of:the Property; inoluding:-those past. due. Alt rents collecteci by Lender or the receiver <br />��� ahsll be applied R1st to payment oPthe coets oi msnagement of the Property and coltection of rents, including, but <br />:� not limited �to, =eceiver's feea, premiums on rcceiver's. bonds nnd reasonublc attorney'� fecs, nnd then to thc sums <br />" secured by this Mortgage.'Lender zttid the receiver ehall hc liablc to nrcount onh� for thosc rents nctunily recci��cd . <br />..,.; ; <br /> A. .. � . . . . . � . <br />