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, _ . . _ _ _ <br /> � Y � <br /> � . <br /> not extend" or postpone the due date of thc montlily in9tallments referred to in parngraphs 1 and 2 hereof or <br /> 'change the amount of such installments. <br /> ' ' 10. - Borrower Not Released. Extenaion of the time for pn,yment or modification of amortization oF the sume <br /> $ secured by this vlortgage grantecl by Lender to any successor in interest of Borrower shall not o�erate to release, <br /> : � . <br /> in ariy manner; the- liability of 'the original Borrower and Bor�ro�ver's successors in interest. Lender shall not be <br /> ; required to cpmmence proceedings against sucli successor or refuse to extend time for payment or otherwise modify <br /> amortization of the sums secured by tl�is \iortgage by reason of any demand mude by the origir.al Borrower and <br /> Bormwer's auccessors in interest. f � <br /> � � 11C Forbear�sce by Lender Not a Wmver. Any forbearance by Lender in exercising any right or remedy { <br /> hereunder, or otherwise afforded by applicable law, shall not be a �vuiver of or preclude the exercise of any right <br /> �� or remedy hereunder. T4e procurement of insursnce or the payment of taxes or other liens or charges by I.ender � <br /> . i � slaall not be ,a waiver ofZender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> } Q 12. , Remedies Cumsslafioe. All remedies provided in tliis �4ortgage are distinct and cumulative to any other <br /> � � right or iemedy under this �4ortgage or afforcicd by laa m• equicy, snd may bc exercised concurrently, independ- � ,- <br /> ' ; eatly or successively. � • , <br /> ,`; � 13. Successors �d Assigns Bound; Joint �d Sevezal Liability; Captions. The covennnts und agreements , <br /> � herein contsined shall bind , nnd the rights hereunder shall inure to, the respectivc successora snd assigns of Lender � <br /> j ^ and Borrower, subject to the provisions of paragrnph 17 hereof. A11 covenants and agreements of Borrower shall � '; <br /> ;i be joint und severaI. The captions snd headings of the paragra�ih� of this \Iortguge are for convenience only and <br /> : � are not to be used to interpret or define tl�e provisions l�ereof. �{. <br /> ; 14. Notice. Any notice to Borroa•er providcd for in this \lor[gage shal ! he gi�•en by inailing such notice by �' ' <br /> certified mail addressed to Borrower nt the Property :lddress etnted bclon�, except for uny notice required under �;` <br /> i paragraph 18 hereof to be given to Borrow•er in thc inanner prescribed by xpplicable la�v. Any notice provided :a <br /> < forin this Vlortgage shail be deemed to have been given to Borro«�cr «•l�en given in the manner designated l�erein. � ' <br /> ' � 15. Uniiozm Mortgage; Govemiag Law; Severability. 'I'his form ot mortgage combines uniform covenants 4-' <br /> for national use and non-uniform covenants �vitl� limiied �•ariations by jurisdiction to constitute a unitorm secu- ;� <br /> ' rity inatrument covering real property. This \fortgage shall be governed Uy the la�v of the jurisdiction in which �;� <br /> i the Property is locsted. In the event that any provision or cluuse of this Mortgage or the Note conflicts with <br /> ' ? applicable law, such conHict shail not affect other provisions of this �Iortga�e or the Note which can be given t, <br /> " effect without the conflicting provision, and to this end the provisions of the Jlortgage and the Note are deciared �- <br /> ' to be severable. r <br /> � 16. Borrower's Copy. Borrower shall be furnished a conformed copy of this \4ortgage at the time of execu- ;' <br /> ition or after recordation Lereof. � <br /> � 17. Trasas{er o[ the Propezty; Assumptioa. If all or any part of the Property or an interest therein is sold <br /> or transferred by Borrower without Lender's prior �vritten consent, excluding (s) the creution of a lien or encum- � <br /> brance subordinate to this �Iortgage, ( b) the creation of u purchase money security interest for household appli- �; <br /> , � ances, (c) a transfer by devise, descent or by operation of la«• upon thc death of a joint tenant or (d) the. grant of �, <br /> any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, ' <br /> , � declare all the sums secured by this Mortgage to bc immediately due and payable. Lender shall have waived such x` <br /> ogtion to accelerate if, prior to the sale or transfer, Lender aud the person to whom the Property is to be sold or � <br /> � transfened reach agreement in writing that the credit of sucli person is satisfactor,y to Lender and that the interest y <br /> payable on the sums secured by this Mortgage shall be at such rate as I.ender shall request. If Lender has waived ? <br /> the option to accelerate proviled in this parugrap6 17 and if Barro�ver's successor in interest I�as executed a writ- : <br /> :`� ten assumption agreement accepted in writing by 7,ender, Lender shull release Borrower from all obligations under � <br /> , � this Mortgage and the Note_ ' <br /> If Lende� exercises sucl� option to accelerste, Lender shAll auuil Borrower notice of acceleration in accordance �' <br /> :� witL paragrsph 14 hereof. Such notice shall provide a period of not less tlian 30 days from the datc the notice is ,: <br /> � mailed within which Borrower muy pa3• the sums dcclared duc. If Borrower faile to pay such sums Prior to the 3 <br /> expiration of such period, Lender inay. without furtl�er notice or demund on Borro�r•er, invoke any remedies per- i <br /> mitted by paragraph 18 hereof. � <br /> r ; <br /> � �'ox-UxiaoRM Covaxwxxs. Borrower �tnd Lender furtl�er covenant and aaree as follo�r•s : <br />�: >` <br /> 18. Acceleration; Remedies. Except. as pro�•ided in � niragru�ili 17 hcreof, upon Borrower'� breach of any k <br /> eovenant or agreement of Borro�ver in tliis �fortgage, inducting tLe covenants to pay when due any sums secured <br />� � by this 1lortgage, Lender ��rior to acceleration shall ivail notice to Borro�ver as provided in �iaragruph 14 hereof , <br />� � specifying: ( 1 ) the breach ; (2) the action rec�uirecl to cwr �ucl� breach ; (3) a date, not less thnn thirty days <br />� '� from the date thc noticc is mailed to Borrower, by �chich sucli hrcacli must be cm•ed ; and (41 thut tailurc to cure <br /> such breach on or before tl�e date specified in tl�c notice �uay result in accelerxtion o[ tlic sume secured by this <br />;� � Mortgage and sale of the Property. If the bresch is not cured on or betore the date specified in the notice, Lender <br /> at Lender's option may declnre all of the suins secured I>y this vIortgage to be immediatcly due and paysble <br /> u:, ', without furtherdemand and may foreclose this V[ortgagc by ,judicial proceeding. Lender shall be entitled to collect <br /> in such proceeding all expenses of foreclosure, including, but not Iimited to, costs of documentary evidence, <br /> ` abstracts and title reports. <br />�: ` 19. Borrower's Right to Reiastate. Notwitl�standing I,ender's acceleration of the �ums secured by this ^ <br />';-� Mortgage, Borrower shall have the right to have any Proceedings begun by T.endcr to enforcc this vlortgage dis- <br /> , � continued atsny time prior to entry of a judgment enforcing this �Iortgage if : ( al Borro�cer pays Lender all <br /> sums which would be then due under this Jtortgagc, thc I�'ote nncl notes securing Futurc Adcances, if any, had no <br /> acceleration occurred ; (b) Borrower cures all breaches of nm• other co�-enantc or aigrcements of Borrower con- <br /> t: <br /> teined in this Mortgage ; (c) Borrower pays alI reasonablc ex��enses incurred by Lender in enforcing the covenants <br />< � and s�eemente of Borrower contained in this \-Iort�nfic :md in enforcin� 7,endcr'� remedics ns �irovided in para- <br /> 1 grsph ' 18 hereof, inclvding, but not limited to, reasonable �ttornep'e fee; ; ;ind (dl Borrower takes such action as <br /> Lender may reasonably require to asgure that the lien of this \Iortgage, Lender's interest in the Property and <br />;�� Borrower's obligation to pay the sums secured by this \Iortgage shnll continuc unimpaired. Upon such payment ' <br /> ae� and cure,by Borrower, this Mortgage and the obligations recured 1�ereUy shall remain in full force and effect as if > <br />;.: no`scceleration hsd occurred. "'"` <br />`� + 20. 'Aasigs�meat o[ R�ab; Appointinent of Receiver; Lendez in Posseseion. As udditional security here- ' <br />�,> vnder, Borrower hereby sasigns to Lender the rents of the Property, pro��ided thttt Borro�cer shall , prior to ucceler- I <br /> ' ation under paragraph 18 'hereof or abandonment of the Property, ho�•c thc right to collect nnd retain such rents <br />,�� aq;tiiey>beoome due;and payable: ; ' <br /> rr, , . : p B�P r pe Y. Person, bp agent <br /> ky, Upom;sccelexataon under ara h 18' hereof. ar sbandonment of the Yro rt Lender, in <br />� ^a o=;by �udioislly appoiated i�eceiver shalibe entitled to enter; upon, take possession oF und manage the Yroperty <br />;�,r� and ta_collect the rents .of,,the Property, including thoae pasb due. All rents collected hy I.ender or the receiver <br />, ,, shs31 be applieti first ,to payment of the eosts of. management of the Praperty and colleotion of rent_., including, Lut <br />;.,3 not limited to, receiver's fees, premiums on receiver's bonda and reasonaUle attorney's fees. nnd then to the sums <br /> + secured by this Mortgage: Lender and the receiver s1ia11 be lidble to account onl}� for those rents nctunlly receiced. <br />�° :2 <br /> � <br /> k. . . ...... . ... . . . . �..._ . .. . ,,..__ ....,.., - .. ,,.,..:.._.. , ., . . .,._. . ...::_�.,-. . .. , . . . . , -.. � <br />