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. <br /> � � � <br /> , . . <br /> not extend or postpone the due date ot the monthly infitallments referred to itz parngraphs 1 nnd 2 hereof or <br /> ' change the amount of sucli instal2ments. <br /> 10. Boaower Not Released. �xtension of thc time for pn,yment or modificstion of smortization of the sums <br /> secared by this Mortgsge grnnted by Lender to any �uccessor in interest of Borro�ver shssll not operate to release, <br /> in nny manner,;the IiaGility of the originul Borro��•er and Bon•oa•er:� successors in interest. Lender shall not be , <br /> required to commence proceedings against such successor or refuse to extend time for payment or othernise modify ,. 'r <br /> �� amortization of the sums secured- by this \Iortgsge by reason of nny demand made by the original Borrower and � r <br /> Borrower's successors in interest. , <br /> ` ;' CD 11: + Forbeazaace by Lendez Not a Waiver_ Any forbenrance by Lender in exercising nny right or remedy ' <br /> # � hereunder, or otherwise afforded by applicable la�c, shall not be n �vaiver of or precludc the exercise of any right <br /> � or remedy hereunder. The procurement of insurance or the payment of tuxes or other liens or charges by Lender <br /> i � ahall 'not be a waiver oC Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> c F O 12: Ramedies Cumulative. All remedies provided in this �-iortgage are distinct snd cumulative to any other <br /> ' i O right orremedy under this \fortgage or nffordeci by lu��� or equity, :ind may be exercised concurrently, independ- <br /> ' ently or successiveIy. " <br /> ; ' 13. Successors �d Rssigns Bouad; Joint �d Several Liability; Capfions. The co��ennnts and agreements <br /> herein contained shall bind, and the rights hereunder shall inurc to, thc respective successors and assigns of Lender <br /> l � and Borrower, subject to the provisions of paragraph l7 hereof. All cocenants and agreements of Borrower ahall <br /> � be joint and several. The cssptions and hcadings o( thc ��aragraphs of ti�is \ fortgage nrc for convenience only and C <br /> � are not to be used to interpret or define the provisions hereoi. � <br /> ' � 14. NoGce. Any notice to Borrower pro�•ided for in thi.� \Iortgxge sliall be gi�•en by mailing such notiee by <br /> Ycertified insil addressed to Borro�ver a� the Yropertp :lddres� stated bclo«•, excetit tor uny notice required under <br /> paragraph 18 hereof to be given to Borro«-cr in thc mamier prescribed bp applicablc tu�v. _1ny notice provided � � <br /> ;� for in this �Iortgage shsll be deemed to ha�•c bcen given to Borro��•er �vhen given in the manner designated herein. t . <br /> + 15. Unifozm Mortgage; Governing Law; Severability. 'fhis form of �nortgage combines uniform covenants } <br /> for national use and non-uniforni covenants �vitli limited �-ariations in• jurisdiction to constitute n uniform secu- � � s <br /> `� rity instrument covering rea! pro��erty. This \Iortgagc shnll bc governed by thc law of the jurisdiction in which ` <br /> ! ': . the Property is located. In thc event that :tny provision or clausc of this �'Iortguge or the Note conflicta with i <br /> � { applioable law, such condict shall not affect other pro�°isions of this \fortgage or the Note which can be given <br /> : „ effect without the conflicting provision, and to this end the pxro��isions of the �fortguge and the Note are declared <br /> to be aeverable. ; '� <br /> � 16. Borrowei s Copy_ Borro�ver ehull be furnisl�ed a conformed copy of this \fortgage at the time of execu- � „y <br /> # tion or after recordation hereof. � <br /> _� 17. Tr�sfer of the Property; Assumption. If all or any Part of the Property or an interest therein is sold s" � �, <br /> 1 or tranaferred by Borrower without Lender's prior written consent, excluding ( a) the creation of a lien or encum- ' ' , �: <br /> � brance subordinate to this �Iortgage, ( b) the creation of ii purchase inoney security interest for household appli- ; ` <br /> ances, c s transFer b devise descent or b,y o �eration of la��• u �on the death of a ' oint tenant or (d) the rant of '3' <br /> } � ) Y � I 1 I g ; <br /> any leasehold interest of three years or less not contnining un option to purchase, Lender may, at Lender's option, ; , , <br /> � declare sll the sums secured by this Mortgage to Uc i�n�tiediatcly due ancl puyable. Lender shall have waived such a �r� ;' <br /> option to accelerate if, prior to tl�e sale or transfer, Lender und ti�e person to whom the Property is to be sold or y Y ', � <br /> : � transferred reach agreement in �vriting that tl�e eredit of sucL person is sntisfactory to Lender and that the interest " <br /> � payable on the sums secured by this Viortgage shall be at sucl� rate as Lender shall request. If Lender has wuived ' ' ��' �� = <br /> 3 the option to accelerate provi3ed in this para�rapli 17 and iS Borro�ver's successor in interest has executed a writ- € '"� � <br /> ' , :� ten sesumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under ; " <br /> � this Mortgage snd the Note. f <br /> If Lender exercises sucli aption to accelerate, Lender shnll :nail Borrower notice of acceleration in accordance <br /> with paragraph 14 hereof. Such notice sliali provide a period of not less than 30 dxys from the date the notice is <br /> msiled within which Borrower may pay the aums declared duc. If Borrower fail: to pay such sums prior to the <br /> expiration of such period, Lender may, «�ithout further notice or demsnd on B'orrower, invoke any remediea per- <br /> mitted by psragraph 18 hereof. <br /> . , . NON—UNIFOR�Df COVENANTS. BOl'1'OW@1' `lI1CI L011(IE'i' ��U1'CI1C'T COV@IlilIIt a�id agree as follo�vs : <br /> 18. Aeeeleration; Remedies. E�cept as pro�•ided in � �aragra�ih 17 hereof, upon Borrower's breach of any <br /> � covenant or agreement of Borro�ccr in tl�is \lort�a�gc, including thc covenants to pay �shen duc any sums secured <br /> � by this �iortgage, Lender prior to acceleration sl �ull ni ul notic� to �orco�� cr,�a,s �►��ov 1ed in �nrugraph 14 hereof <br /> specifying: ( 1 ) the breach ; (2 ) the action required to cu� c sucai lpartsclt, �l3�rit dat� not less than thirty dsys <br /> - ') from the date the notice is inniled to 13orroo•er, b�• �rhicl � -ucli h� cacli, �utpC be:c�aod " smde (4 ) that failure to cure <br /> z such breach on or before tl�e date specified in the notice muy resulc in acceleration oC tl�e sums secured by this <br /> ;�, Mortgage and sale of the Property. If the brettci� is not cured on or before tlic dute specified in thc notice, Lender <br /> € at Lender's option may declare all of thc swns secured by this \Iortgagc to be immediatcly due and payable ' <br /> ; 4 wit6out further demand and may foreclose this Jlortgagc by judiciul praceeding. I.ender shali he entitled to collect <br /> r in such proceeding all expenses of foreclosure , including, hut not limited to, cosis of docamentnry evidence, <br /> � abstracts and title reports. <br /> � 19. Bonowor's Right to Reiastate. \'otwitLstanding Lender's ucceleration of the surn� secured by this <br /> � Mortgage, $orrower shall have t4e right to have any proceeding� begun by T.endcr to enforec this �fortgsge dis- <br /> .` � continued at any time prior to entry of a judgment enfoTcing this �lortgage if : (n ) Borro�cer pays Lender all <br /> sums which would be then due under this Jlortgage, t6c Note nnd notes securin� Future Advance=, if any, had no <br /> . ,, acceleratioa occurred ; ( b) Borrower cure:� all brenchee of any other cavcnatnts or agreements of Borrower con- <br /> :, ,{ tained in this Mortgage ; (c) Borrower pays all ressonable etpense� incurred by I.ender in enforcing the covenants <br /> � snd agreements of Borrower contained in tl�is \Iortgage and iu eufo�ring I.endcr:� reinedies ras providcr3 in para- <br /> 4 graph 18 hereof, inciuding, but not limited to, reasonable attornep's fees : and (d ) Borroc�er takes such nction as <br /> ry,� Lender may ressonsbly require to assure that the lien of this �Iortgage, Lender� interest in the Property and <br /> Borrower's obligation to pay the eums secured by this �fortgage shall continuc unimpuired. iJpon such payment <br /> � and cure by Borrower, this Mortgage and the obligations aecured hereb�� �hall remain in full force and effect ns if - *-„ <br /> `' no acceleration had occuzred. <br /> k 20. Aaaigaaiqat of R�afa; Appoiatment oS Eeeeiver; Lender in Posseasioa. As additional security here- � " ;' � <br /> under, Borrower Nereby assigns to I:ender the 'rents of tlie Propert.}•. pro�•idecl that Borro«•er shall, prior to acceler- � <br /> staon under paragraph Y8 hereof or sbanctonment ot the Property, havc t8c right to collect and retain auch rents ,�r , � <br /> aB.tHep become due snd payable. ` <br /> '� LJ on soceleration _under, ara 1� 1 hereof or aba o ' �` <br /> r. P- . , P 61sP 8 nd nment oF the Yroperty, Lender, in person, by agent � . � <br /> � , or bq judicially appointed receiver�S�YI � ludin� those Par�tidue. A Ikrentxc ollec��l hv I,en i� orthhePrecF er • 4 ��� - � <br /> .d. Po Po K P Y -�..,,,.-: <br /> � and -to .collect the:rents of the Pro <br /> shsll be spplied:first to payment of the costa of managemeat of the Property and collection of rent:�, including, but <br /> > s not iimited to, �ceiver's Tees, premiums on mceiver's bonds. and masonsble attorney's fee=, and then to thc sums <br /> : secured by this Mortgage. Lender and the receiver sliall be liablc to account only for those ren�� nr,tuslly recei��ed. <br /> .` _ � <br /> d`�. .:':.. ..... . . .. . ._. ... . . . . .... _. .......: . . ... . ... . . .. . . . . . . . , .. _ . � . .. . . <br />