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� � <br /> i , . -., <br /> ; , <br /> not extend or postponc the due date of the inonthl3• instnllments referred to in paragraphs 1 and 2 hereof or <br /> change the nmount of such insLallments. <br /> 10: Bonower Not Released. �xtension of tlic timc for pa,yinent or modification of smortization of the sums <br /> '. i eecur�' by; this 1Sortgage granted by I.en�er to sry �!�cceseer in interesk ot Borrower �halt nok egerate to release, <br /> ! in any 'manner, the liability of tl�e originul Borro�ver �nd Borro�ccr's successors in interest. I,ender shall not be <br /> � requiredto commence PToceedings against sucl� successor or refuse to extend time for payment or otherwise modify <br /> amortization of Ehe sums secured Uy t6is �tortgage liy reason of any demand made by the original Borrower and <br /> � � Borrower's auccessore in interest. <br /> ; � � 11: ' Forbearaace by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> � � hereunder, or otherwise afforded by applicable law, shall not be a a•aiver of or preclude the exercise of any right <br /> , � or remedy hereunder. Thc procurement of insurance or the payment of taxes or other liens or chsrges by Lender <br /> � � � ehall not be a waiver of Lender's right to acceleraLe the maturity of the indebtedness secured by this Mortgage. <br /> i 12. Bemedies Cua�ulative. All remedies provided in this \4ortgage arc distinet and cumulative to any other <br /> ; � right or remedy under this \iortgage vr affordc�l by lu�r or cquity, and may bc exercised concurrently, independ- <br /> ' ently or sssccesaively. <br /> � � , 13. Suecessors �d Assigns Bonnd; 7oint �d Several Liability; Captions. The covenants und agreements <br /> ^ herein contuined sha11 bind , and the rights Lereunder .hall inure to, the respective successors and ussigns of Lender <br /> 1 and Borrowcr, subject to the provisions of p�ragr:tipl� 17 hereof. All covenants and agreements of Borrower ahall <br /> ' i be joint and secerat. The captions and heac;ings ot the paragr:���hs of tRis Slorfgage are for convenience on[y and <br /> ' are not to be used to interpret or define the provisions Lereof. <br /> '"t 14. Notiee. Any notice to Borro�cer pro�•ided for in tl� i� \Iortga�e chull bc gi�•en by mailing such notiee by <br /> I certified mail addressed to Borrawer at thc Property :lddress stated below , excert ior nny notice required under <br /> paragraph 18 l�ereof to be given to Borro�cei• in tl�c �uanncr prescribed bp xpplicablc la�v. Any notice provided <br /> for in this \4ortgage shall be deemed to l�ave bcen gi��en to Borro«•cr «•hen gi�•en in thc manner designated herein. <br /> ` i 15. Uniform Mortgage; Goveming Law; Sevetability. This form of mortguge combines uniform covenants � ' <br /> for national use and non-uniform covenants �vith limited vuriations by jurisdiction to constitute a uniform secu- <br /> + rity instrument covering real property. This \fortgngc shull be go��erned by the la�v of the jurisdiction in which <br /> the Property is located. In the event that any provision or ciausc of this \4ortgsge or the Note conflicts with <br /> t applicsble Iaw, such conflict shall not affect otl�er ��rovisions of tliis \lortgsge or the Note which cun be given <br /> � effect without t6e conflicting provision , and to this en�l thc provisions of the _llortgage und the Note are dec2ared _ <br /> , to be severable. <br /> 16. Borrowei s Copy. Borro�ver shall be furnisl�ed a conformed copy oF this �Iortgage at the time of execu- <br /> r tion or after recordntion hereof. <br /> : j 17. Transfer of the Pzoperty; Assumption. If ull or any �srt of the Praperty or an interest therein is eold ,,, ; <br /> ! or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum- <br /> � brance subordinate to this Mortgage, ( b ) Lhe creation of a purchase moneV security interest for household Qppli- , ;: <br /> ances, (c) a transfer Uy devise, descent or by operation of la��- upon the deuth of n joint tenant or (d } the grant oF <br /> s sny lessehold interest of three years or less not contniniug un option to purchasc, Lender mav, at Lender's option, ; ,. `' <br /> , declare all the sums secured by this Mortgage to bc im�nedintely duc and payable. Lender shall have waived such � <br /> ; E option to accelerate if, prior to the sale or transfer, Lender and tl�e person to whom the Property is to be sold or <br /> . 3 transferred reach agreement in �.-riting tl�at the credit ot such person is satisfactory to Lender and tl�at the interest 'I� <br /> d payable on the sums secured by this vlortgage shall be at such rate as I.ender sholl request, If Lender has waived ''` <br /> ithe option to accelerste provi3ed in this paragrapl� 17 und if Borrower's successor in interest has executed a writ- � <br /> i ten sesumption agreement accepted in �vriting by Lender, Lender sl�all release Borrower from sll obligations under i �- <br /> � this Mortgage and the Note. ? <br /> If Lender exercises such option to accelerate, Lender shall :uail Borrower notice of acceleration in accordance ; <br /> ; i �vith paragraph 14 hereof. Such notice sliall pro�•idc a period of not less than 30 dnys from thc date the notice is <br /> tl mailed within which Borrower may pay thc surns declared due. If Borrower fails to pay such sums prior to the <br /> ; expiration of such period, Lender inay, �vitLout furtl�er noticc. or demund on B'orro�ver, invoke any remedies per- <br /> .-, � xnitted by paragraph 18 hereof. <br /> a <br /> ' � �'ON-UNIFOEtM COVENA:�TS. BOPI'ONCI' AR(� L011(�Cl' tUl'YI1CT COVeiiant and agree as follo�vs : <br /> } <br /> 18: Aeeeleration; Remedies. ExcepL us pro�•icted in paragr:ipl� 17 t�ereof, u�ion Borrower's breach of any <br /> � covenanti or agreement of Borro�•er in t liis \Iort�agc, including t}ic covenants to pny ��•hen duc any sums secured <br /> , � by this \iortgage, Lender prior to ncceleration ,hull mnil noticc to Borro��•cr as �n•o�•ided in pnragraph 14 hereof <br /> 3 specifying : ( 1 ) the breach ; (2) the nction requirod to ctur .uch brcach ; (3 ) u datc, not less thnn thirty dnys <br /> from the date the notice is u�ailed to Borro�cer, li}• ���hich �ucli hreach inust be cured ; and (4 ) thnt failurc to curc <br /> � such breach on or beSore the date specified in thc noticc nuty result in acceleration of thc sums secured by this <br /> ,: Mortgage and sale of t.he Property. If the breach is not cured on or before the date specified in the notice, Lender <br /> , � at Lender's option may declure ull of the sums secured by this \lortgage to 6e i�nmediatcly due and payaUle <br /> ; without further demand and may foreclose this \lortgage by judicial proceeding. i.ender shAll be entitled to collect <br /> ' i in such proceeding all expenses of foreclosurc, incluQing, hi�t not limited to, costs of document.ary evidence, <br /> : '; abstracte and title reporis. <br /> } 19. Bonower's Right to Raiastate. Note•itLstanding I.ender's ucceleration of the swnc secured by this <br /> r Mortgage, Botrower shall have tl�e right to have any proceedings hegun b}• i.endcr to enforcc this �Sohgage dis- <br /> ' continued st any time prior to entry of a judgment enfoXcing this \lortguge if: lal Borrower pays Lender all <br /> � � aums which would be then due under this �iortgage, tl�c \'ote and notes securing Future Ad�•ances, if any, had no <br /> :.� acceleration occurred ; (b) Borrower cures ull breuches of any other coeenitnts or agreements of Borrower con- , <br /> i tained in tl�is Mortgage ; (c) Borrower pays rll reasonablc expenses incurred bt• t.ender in cnforcing the covenants <br /> ' and agreements of Borrower contained in this \fortguge and iu eniuminK i,ender'n remedies sss provided in para- <br /> ' � graph 18 hereof, including, but not limited io, reasonable attornevs fee: : and Idl Borrowcr takes such action as <br /> ', ..'a Lender may resaonably require to assure that the lien of tliis �1ort�age, Lender's interest in the Property snd <br /> .. � Borrower's obligation to pay the auma securnl by this \4ortgage sliall continuc unimpaired. Upon such payment ' �. ,� <br /> � a snd cure by Borrower, this Mortgage and the obligation� secured hereb�• .hatl remain in full forcc and effect as if '" �""�'"` <br /> �,`,� - no acceleration had occuned. : �' <br /> :,i 20. Aasignmsat o! Rsata; Appomtment of Receiver; Lenda: in Possession. As additionul security here- ` " <br /> 4 under, Bocrower hereby assigns to Lender the rents of Ylie Propert}�. provideN that Borrower shall , prior to acceler- ��� � <br /> ;� aLion under paragrap2i 18 hereof or abanaonment of the Property, have the right to collect and retain such rents �; � " <br /> y se they liecome due and paysble. " �' ' � <br /> +�� �j Upoq acceleration under paragraph 1S hereof or sbundonment oF the Yroperty, Lender, in person, by agent x'? �?�s..�, <br /> ^ or by Zatdicislly appointed ' receiver "shail be' entitte�i to enter upon, take posre�cion ot and manage the Property " ' ' ' "'� <br /> " � . snd to bolTect tlie renta of the Property. includin�{ those psat due. All rents coltected hy Txn��r or the reoeiver <br /> ' shsll be applied first to payment of the costs of �nanagement oF the Property and collec[ion of rent:�, including, hut. <br /> � t not litnited to, receivet's tees, premiums an receiver's bonds and reasonable attorney's feca, nnd then to the sums <br /> secured by this Mortgage. Lenderand the receiver shall be liable to account oniy for those rents actunlly received . � <br /> Y '.. ... . . . ".. . . . . . . .� . .. . .. .. . . . _. ... .. . . . .. . . . . . . . . . . I <br />