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� � <br /> � ; . � "�, � � � � � <br /> , not extend or postpone the due date oi the montlily instalhnen[s referred to in parri.graphs 1. and 2 hereof or <br /> chsnge the umounA of sucll , installments_ ' <br /> 10. Bonower Not Released. Extension oF the time for payment m• inodification of amortization of the sums <br /> secured by this VIortgage granied . by Lender to any successor in interest of Borrower shull not .operate to release, <br /> , � in uny manner; the liability oF the original Borro���er and Borro�ver'� successors in interest. Lender ahall not be ;: �t <br /> required to commence proceedings ugainst sucti successor o�• refuse to extend time for payment or othernise modify � ' <br /> �'S amortization of the eums secured Uy this \lortguge T>y reasou of sny demand mude by tl�e original Borrower and `- <br /> Q� Bonower's successore in intereat. z:' '. <br /> f C''J 11.-, Forbear�ee by Lender Not a Waiver. Any forbearnnce by Lender in exercising uny right or remedy ' <br /> ; C12 hereunder, or otherwise afforded by applicnble law, shalf not be n w•aiver of or preclude the exercise of any right � ,'y <br /> � O or remedy hereunder. The procurement oC insurance or the payment of tuxes or other liens or charges by Lender ' " <br /> ; f 0 shall,not be a wuiver of Lender's right ta accelerate the maturity of tl�e indebtedness secured by thia Mortgsge. <br /> � 12. Remedies Cuasulative. All remedies provided in this \iortgage are distinct nnd cumulative to any other r' <br /> right or remedy under this �Iortgage on affordeci by laa• or equicy, anc9 may be exercised concurrently, independ- � r <br /> , � � ently or succeesively. { <br /> pp 13. Sueeessors �d Assigas Bound: Joiat �d Several Liability; Captions. The covensints and agreements <br /> : f� herein contained shallbind, snd the rights }�ereunder si�nll inum to, thc respeetivc successors and assigns of Lender <br /> i and Borrower, subject to the provisions of paragraph 17 hereof. Al! covenants and agrecments of Borrower ahall <br /> + be joint and �everal. The captions and headings of tl�e paragr.e��hc oF tliis \Iortgage are for convenience only and <br /> are not to be used to interpret or define tlie provision. liereof. <br /> r14. Notiee. Any notice to Borro�r•er providect for in tlii� �lortgage c}�A]I be gi�•en by mailing such notice by � <br /> � certified mail nddressed to 13orrower at the Propert�- Addms, st;tte�l belo�a, except for uny notice required under <br /> ' : paragruph 18 hereof to bc given to Borro�a�er in tlie �nanner j�re�cribed b}� :ipplicablc la�e. �m• notice provided � , , J,, <br /> � for in this Viortgage shall be deemed to havc been gi��en to Borro�t•cr �vl�en given in thc inanner designated herein. <br /> � 15. Uaiform Morlgage; Governiag Law; Severability. 'Chis form of �nortgage combines uniform covenants ` ` > >� <br /> for nstional use and non-uniform covenants �vitl� limited �•ariutions by jurisdiction to constitute a uniform aecu- �� ! <br /> ° rit inatrument coverin real �ro erty. This \ Iort a c shnll bc y � ` ,; <br /> # 3' g I N g g governed b the Iaw of the ' urisdiction in which � <br /> � the Property is located. In the event tl�at nny provision or clause of this \�Iortgage or the Note conflicts with �" <br /> � appEicable law, suci3 conflict shall not uffect other provisions of this ]Iortgnge or the Note which can be given - <br /> effect without the conflicting provision, and to this end the provisions of the �Iortgage and the Note are declared 9 � , , <br /> � to be severable. E ; <br /> t 16. Bo:rower's Copy. Borrawer shall be furnished a conformed copy of this \-fort�age at the time of execu- r. 1 ` � <br /> � tion or after recordstion hereof. '� . ; q <br /> � . 17. Traasfer of the Proparty; Assumption. If all or any Part of the Property or an interest therein is sold `a <br /> or transfened by Borrower without Lender's prior �vritten consent , excludin % "`�, <br /> � g (a) the creation of a lien or encum- ., � <br /> • , brance subordinate to this D'Iortgage, ( b ) the crention of a purchasc tnoney security interest for household appli- ^ N�b� e <br /> { ances, (c) a transfer by devise, descent or by operation of In�c upon the death of a joint tenant or (d ) the grant of � <�. '��� <br /> � 3 any ieasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, �' ; , , „`:; <br /> � , , declare all the sums seeured by this Vlortgagc to Ue immediatel,v due and paynblc. Lender shall have wsived such ? ' ' `' <br /> r <br /> � option to secelerate if, prior to tlie sale or tannsfer, Lender and tl�e person to whom the Property is to be sold or , �` <br /> transferred reacl� agreement in �vriting that tl�e credit ot sucli ��erson is satisfactory to Lender and that the interest ' <br /> paysble on the sums secured by this VIortgage shull be at such rate as Lender shall request. If Lender has waived : , rr '' <br /> ' � the option to accelerate provi3ed in this psragrapl� 17 and if Borrower's auccessor in interest has executed a writ- % <br /> ten assumption agreement accepted in �vriting by I.ender, Lender shall release Borrower from all obligations under �""�'"'" <br /> thia Mortgage snd the Note. <br /> If Lender exercisea sucl� option to accelerate, Lender shAll �nail Borrower notice of acceleration in accordance u <br /> �vith patagraph 14 hereof. Such noticc shall pro�•ide a period oF not less than 30 days from the date tfic notice ia <br /> mailed within which Borrower inay pay the sums declared due. If Borro�cer fsils to pay sueh sums prior to the <br /> expiration of such period, Lender mt�y. �vitliout turtl�er notice or de�nan�i on Bbrrower, im�ake any remedies per- <br /> mitted by paragraph 18 hereof. ` ,,,: :, <br /> �.� , �'ox-UxtsoxM Covsxw�zs. Borro�cer and Lender furtl�er covenunt and agree us foIlows : ` ` <br /> j 18. Aeeelezation; Remedies. Except as pro�•ideil in � �aragrnph 17 hereof, upon Borrower's breach of any <br /> j covenant or agreement of Borrower in tliis �foiKgngc, incluciing thc covenantc to pay «�hen due any sUmE secuted <br /> � � by this 1lortgage, Lender prior to accelersstion �hall muil notice to Borron•cr ns pro�•ided in paragrapl� 14 hereof � ' <br /> 3 specifying: ( 1 ) the bresch ; (2) tlie notion required to etu•c such brench ; (3) a datc, not less tl�un thirty days <br /> t from the date the noticc is �nailed to 13orro�eer, by �el�icl� sucli hrencl� must be cured ; and (41 that failure to cure <br /> � such breach on or before tl�e date specified in the notice �n�iy result in accelerution of tl�c suins secured by this ' " <br /> blortgage and sale of tl�e Property. If the breacl� is not cured on or beforc [Lc date specifred in the notice, Lender <br /> ' � � at Lender's option msy declare all ot the sums secured by thi� �Iortgage to be immediatcly due und payable <br /> ' �� withaut further demsnd and msy foreclose tl�is \fortgnge bp judicial proceeding. Lender shall be entitled to collect <br /> in such proceeding ull expenses of foreclosure, including, but not limited to, costs of docmnentary evidence, <br /> , i abstracts and title reports. <br /> �i 19. Bosrowors Right to Reiastete. Notwithststnding Lender's ucceleration of the suroc seeured by this <br /> Mortgage, Borrower shaA have the right to have any proceedings begun by 7.ender to enforce this 1�Lortgage dis- <br /> � �i continued at any: time prior to entry of a judgment enfqy�cing this �Iortgnge if : �al Borrower pays Lender all <br /> sume which would be then due under this \3ortga�e, tl�c Note and notes securing Future Ada•ances, if any, had no _ <br /> acceleration occurred ; (b) Borrower curec a�� breaches of nny other coti•en:tnts or agrcements of Borrower con- <br /> tsined in thie Mortgage ; (c) Borrower psys ull reasonuble expense: incurred by I.ender in enforcing the covenants <br /> , � and agreemente of Borrower contained in this �4ortgaqc and in enforcing i.endcr� remedie, as prot•ide3 in paru- <br /> ,# _ graph 18,hereof, incIuding, but not limited to, reasonable nttorney'� fee� : and Id ) Borrower takes sucl� uction as ` <br /> I.ender ma . reaeonabl � <br /> Y y require to asaure that the lien of this 1Iortgage, Lenders interest in the Propecty and ; <br /> Bortosv'er's obligtition to psy the sums securecl by this \4ortgagc ehnll continue unimpairecl. Uron such payment -M"�` <br /> �� and cnre byBorrower, this Mortgage and the obligations secured I�ereb�� shall remain in full force and effect �s if �"`�!" <br /> no acceleration had occurred. . <br /> ` 20. Aspignia�at oi He�s: A ;� , <br /> ppoiatmsat of Reeeiver, Leadar in Posses�on. �s udditional security here- ;; , � � ; <br /> uridertBorrowet hereby.aesi�a to I.ender tlse ients of the Property, pro��ided that Borro«•er shail, prior to ncceler- ( °j;.` <br /> ation nnder:paragiaph l8 hereof or s6andonment of thc Property , have the rigl�t to collect and mtain such rents ���; �� <br /> sa they become due=and payabl� �� . . �� � � � � �:�r ` <br /> < i7pon,saqceleration under paragraph. l8 hereof or ,abandomnent ot the Yroperty, I.ender, in person, Uy sgent '�'�, <br /> ' or.�by,,,�ui�icS811y. appointed receiver shall -be. entitled to enter upon, take ross�cion ot and mnnage the Property "�" -'"' <br /> � . sad, ks colleot the' rents of the Property, includ'mg those 'past due: All rents collected by I.ender or the receiver ` <br /> ,� , shaA lie agplied first.it,o payinent of the costs of management of the Property an<I collection of rents, including, hut <br /> 3 not limited'to� receiver's fees, nrem�ums on . receiver's bondR and reasonublc attorney's fees _ iind then to the sums <br /> i secured bythia Mortgage_ I:endesand the receiver aGalt ' he liable to accoimt only for thoee rents �ctu:�lly rcceived. � <br /> ; . <br />� ` A � . _. . . _.. . . .. . . . . . . , . . � � � . <br /> i�.� � . � � � � � . . . <br />� <br />