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_ � � <br /> - . -�.� . <br /> , not extend or postpone the due date of tBe monthly instaillmentc reterrecl to in paragraphs I nnd 2 hereof or <br /> ehange the amount of such installments. <br /> 10. Bonower Not ReleasBd. �xtension of the time for payment m• modification of amortization of the sums <br /> � secured by this �Iort�a�e granted by I.ender to uny succecsor in interest of Borrower shall not opernte to release, <br /> � in ssny manner, the 'liability of the original Borro�ver and Borro��-cr's svccessor� in interest. Lender sha11 not be <br /> � required to commence proceedings sgainst such suceessor or refuse to extend time for payment or othernise modify <br /> r � amortization of the sums secured by tl�is �tortguge by reason of nny demand mude by the original Borrower and <br /> x � Borrower's suecessors in interest. <br /> � 0 1L Forbear�ce by Lender Not a Waiver. �ny forbearance by Lender in exercising any right or remedy <br /> hereunder, or otherwise afforded by applicable la«•, shall not be n waiver of or preclude the exerciae of any right <br /> ? '� or remedy hereunder. The procurement of insurance or the payment ot taxes or other liens or charges by Lender <br /> ' t Op shall not be s wniver ot Lender's right to accelerate the muturity of the indebtedness secured by this Mortgsge. <br /> � � 12. Remedies Cumulafiva. All remedies provided in this \lortga�e nre distinct and cumulative to any other . <br /> right or remedy under this ltortgnge or afforde�l b� la«• m• equic,y, and inny be exerr,ised concurrently, independ- <br /> ently or succeasively. <br /> 13. Sueeessors �d Assigns Bound: loint �d Several Liability; Captions. The co��enants and agreements <br /> herein contained shall bind, and the rights hereunder �hnll inure to, thc re.�pective successors :ind assigns of I,ender <br /> ' and Borrower, subject to the provisions of paragru��h 17 hereof. :111 covenants anri ngrecments of Bottower sl�all <br /> be Joint and severat_ The captions and hexdings of the paragr:iphs of tfus � Iortgage are for convenience only and <br /> = are not to be used to interpret or define tlie provisions hereof. <br /> ; 14. Notiee. Any notice to Borro�ver pro�•ided for in tl�i: _liort�a�e shAll be gi�-en by mailing sudi notice by <br /> certified mail addressed to Borrower at the Yropertv Addres, stated bclow , except for any notice required under <br /> ; paragruph l8 hereof to be �iven to Borro�cer in the manner � n•escrihed by ap��licahle lu�v. An,V notice provided <br /> � for in this \-tortgage shall be deemed to ha�•c been gi �•en to Borro�cer �el�en given in the munncr designated herein. <br /> r 15. UtsiEorm Mortgage: Govemiag Law; Severability. 'Chis form of inortgage combines uniform covenunts <br /> , } for national use and non-uniform covenants �vith lirniteci �•ariations by jurisdiction to constitute a uniform secu- <br /> ! rity inatrument covering real property. This \Iortgage shull be governed by the la�v of the jurisdiction in which <br /> `. � the Property is located. In the event that any provision or clnuse of this �fortgugc or the Notc conflicts with <br /> npplicable luw, such conflict shal] not atfect other provisions of this \Iortgage or the Note which can be given <br /> effect without the conAicting provision , and to this end the provisions of the \iortgage and the Note are declared <br /> - i to be severable. <br /> + 16. Borrower's Copy. Borrower shall be furnished a confornied copy of this Mortgage at the time of execu- <br /> f tion or after recordation liereof. <br /> � 17. Tranafer of the Property; Assumptioa. If all or any part of the Property or un interest therein ie sold <br /> ' ' � or transferred by Borrower without Lender's prior written consent, excluding (a) the creation oi a lien or encum- <br /> , � brance subordinate to this blortgage, � b ) thc creation of u purchase tnoney security interest for household appli- ��r <br /> ances, (e) a transfer by devise, deseent or by operation of la«• upon the death of ss joint tennnt or (d) the grsnt of <br /> ` any Ieasehold interest ot three years or less not containing an option to purchase, Lender may, at Lender's option, t ' <br /> � declare all the sums secured by tliis vlortgage to bc i3nmediately due and payable. Lender sl�all hsve waived such <br /> option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or <br /> � transferred reach agreement in cvriting tliat the credit of such persan is satisfactory to Lender und that the interest <br /> payable on the sums aecured by thia Vlortgage shall be at sucl� rstc as Lender shall request. If Lender has wnived ` ` <br /> .� the option to accelerate provided in this paragrapli 17 and if Borrower's successor in interest has executed a writ- <br /> ten assumption agreement accepted in writing by Lender, Lender shall release Bonower from all obligations under � <br /> � this Mortgage and the Note. , <br /> � If Lender exercises such option to accelerate, Lender shall anai! Borrower notice of acceleration in accordance ; <br /> �vith paragraph 14 hereof. Sucti noticc sl�all pro�•ide a period of not less thun 30 days from the dste the notice is <br /> mailed within which Borrower may puy the sums declared due. If Borroa•er fssils to pay such sums prior to the <br /> expiration of such period, Lender may, �vitliout furtlicr notice or demand on Bbrro�ver, invoke any remedies per- <br /> � mitted by psragraph 1S hereof. <br /> , <br /> � NON-UNIFORM COVENANT6. BOl'1'O\YQI' 8I1C1 Leil(ICl' tUl't�1CP COVCII&ilt and agree as follo�vs : <br /> :� <br /> `? 18. Aeeeleration: Remediae. Except us pro�•idcd in � xiragra��h 17 hereof, upon Borrower's breach of any <br /> � covenant or sgreement of Borro�+�er in tl�is \Sortgngc _ including tl�c covenauts to pny ��•hen due any sums cecured <br /> ' S by this Dlortgage, Lender prior to uccelerntion ,liall �neiil notice to Borro���cr as ��ro�•idect in pxragrupli 14 l�ereof <br /> 3 cpecifying: (1 ) the breach ; ( 2) tLe nction rcryuired fo cure such breach : (3 ) a datc, not less than thirty days <br /> lfrom the datc thc notice is rosiled to 13orro«•cr, b�• ��-l�icl� sucl � breach must bc cured ; and ( 4 ) that failurc to curc <br /> 1 such breach on or before the date specified in the notice muy result in accelerxtion of tLe sums secured by this <br /> ; �, Mortgage and sale of the Property. If the breach is not cured on or beforc the date specified in tLe notice, Lender <br /> • at Lender's option may dcclarc alt of the sums secw�ed by t6is �Iortgage to be immediately due and payuUle <br /> = w�ithout further demand and may foreclose this \lortg:igc by judicial proceeding. Lender shall be entitled to collect <br /> � in such proceeding a11 expenses of foreclosurq inclu�ling, but not limited to, costs of docuinentary evidence, <br /> ' abstrscts and title reports. <br /> i19. Bonowai s Eight to Reinatate. 11`ot�vithstanding Lender'a ucceleration of the sum� secured by this <br /> Mortgage, Borrower shal] have the right to hsve any proceedings begun by T,ender to enforce tt�is Vlortgage dis- <br /> : � continued at any time prior to entry of a judgment enfqFcing thi, �iort�age if : � al Borro�ver pays Lender all <br /> asums whicI� would be then due under this J•Iortgage, the �'ote nnd notes securing Future Adcances, if any, had no <br /> acceleration occurred ; (b) Bortower curea nll breaches of nn� other covennnts or agreements of Borrower con- <br /> � tained in this Mortgage ; (c) Borrower psys all reason�ble expensec incurred hy T.ender in enforcing the covennnts <br /> and agreements of Borrower contained in this 1lortguge und in euiorcinK Len�ler's remedie+ as provided in para- <br /> "� graph 18 hereof, including, but not limited to, reasonable attorne�� 's fee� : and id ) Borrower takes such action as <br /> ;,� Lender may reasonahly require to assure that the lien ot this \fortgage, Lender's interest in the Property and ; - � <br /> �� Borrowers obligation to pay the sums secured by thi_ �Iortgage �linll continue unimpaired. Upon aueh payrnent " � <br /> ,y and cure by Borrower, thia Mortgage and the obli�ationa secured licreb}• shall rc�nain in full fm•ce and effect ms if `'� ` � <br /> � "# no acceleration had occurred. ,, � ' , <br /> 20. Assigam�nt of R�ats; Appoia�aent of Reeeiver, Lender in Possession. As additional security here- I �`-,s �� <br /> ;� . under, Borrower fiereby assigns to Lender the rents of tlie Property. provided tliaf Borrower shall , prior to acceler- <br /> at}oa under, paragraph 18 hereof or aband0nment of thc Pro��erty, havc the right to collect and retain such rents � <br /> � <br /> ee they become due and paysble. � =� , <br /> Upori acceleration under paragraph 18 hereof or nbandonment of the Yroperiy. I,ender, in pere,on, by agent F „„ �;� <br /> � t or by judicially appointed receiver 'shall be entitled to enter' u pon, take possession of nn d ma n a R c t h c P r o p e r ty +�.- -'" <br /> ' and`to colIect;the rents of'the Property, includin thoEe <br /> ' � R past. due. :VI rents collecteci by Lender or tlie receiver <br /> � p s6all be applied firat to paymenC of the costs .of �nanagement of tlic Property and collection of rents, including, but <br /> . ; not limited' to, receiver's fees, premiums on recciver'c bondc and reusonable attorney 's fee�, and then to thc ;ums <br /> ? aecured by this Mortgage. I:ender and the receiver slial l hc liabte to account only for thosc rents actunlly received. � <br /> ', � , � <br /> ` - _ _ i <br />€ <br />� <br />