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i � <br /> : --�ti � <br /> . ', , : <br /> not extend or postpone the due dnte of t6c montlily installinents referred to in paragraphs 1 and 2 hereof or <br /> , change the amount of such installments, � �, <br /> ; 10. BonowezNoCReleased. Extension of the time for pa,yment or modification of smortizntion of the sums <br /> secured by this Mortgage granted by I.ender to nny successor in interest of Borrower shall not .operate to relesee, "' <br /> j in any manner, the liability of the originnl Borrower und Borro«•er's successors in interest. Lender shalI not be ,' x' <br /> � required to commence proceedings ngainst sucl� successor or refuse to extend time for payment or othernise modify t ; ,`' <br /> amortization oF the sums secured by tl�is \fortgage by reason of any demand made by the original Borrower and ; <br /> Borrower's suceessora in interest. ��' <br /> a11: " Forbearaace by Lender Not a Wmver. Any forbenrance by Lender in exercising uny right or remedy <br /> : hereunder, or othenvise afforded by applicable Isw, s6a11 not be a waiver of or preclude the exercise of any right <br /> f �'j or remedy hereunder. The procurement of insurance or the pflyment of tuxes or other liens or charges by Lender ; <br /> � i �. ahall not be a �vsiver of Lender's right to accelerate the maturity of tl�e indebtedness secured by this Mortgsge. ;: <br /> i �p 12. Remedies Cumulative. All remedies provided in tdiis \iortgage nre distinct and camulative to any other <br /> : �j right or remedy under this 1Iortgage or affordert f�y lu�c or cryuicy, and mxy be exercised concurrently, independ- ` - <br /> � entiy or successively. ' ' <br /> � 13. Suecessors �d Assigns Bound; Joiat �d Several Liability: Captions. The covenants and agreements i <br /> ' ' j herein contained shall bind, and the rights hereunder shnll inure to, thc respectivc successors and asaigns of I.ender ' <br /> and Borrower, subject to the provisions of pnragr_�ph 1 i hereof. :111 co�enants and agreements ot Borrower shall `. <br /> ^ be joint nnd several. The captions and hcadings of tl�c para�rnphs of this \lortgage are for convenience only and k <br /> are not to be used to interpret or define tlic ��rovisions I�ereof. <br /> + 14. No6ce. Any notice to Borro�cer provided fm• in thi5 \[ortgage shall bc gi�•en by �uailing such notice by �. <br /> � certified �nail nddressed to Borrower iit the Property Addre�s �tuted liclon•, except for uny noticc required under �. <br /> � paragraph 18 hereof to be given to Borra�ser in the inanner pre�cribed b}' xp�ilicable Ia�c. Any notice provided G�. <br /> forin this \3ortgage ehall be deemed to l�acr becn given to Borro���er �vhen gi�•en in thc mnnner designated herein. ;� <br /> 15. Uniform Mortgage; Goveming Law; Severability. 'Chic form of mortgage combines uniform covenants �. . ; .; <br /> • '; fornational use and non-uniform covenants witli limited ��ariations by jurisdiction to constitute n uniform secu- 1 <br /> rity inatrument covering real property. This \;ortgage shall be governed by the la�c of the jurisdiction in whieh f <br /> the Property is located. In the event that any pravision m• clause of this illortgage or the Note conflicts with <br /> applicable law, such conflict shall not ssffect other provisions of this JIortgage or the I3ote which can be given ; , '; <br /> e$ect without the conRicting provision , und to this end the pi•ovisions of the \Iortgage and the Note are declared <br /> , ; to be severable. ;- ; <br /> 16. Boaowar's Copy. Borrower shnll be furnisLed a conformed copy of this iliortgage at the time of execu- 3 , a <br /> tion or after recordation hereof. a } ? <br /> 17. Trans(er of the Property; Assumpfloa. I f all or any part of the Property or an interest therein is sold <br /> or trsnaferred by Borrower �vithout Lender's prior written consent, excluding (a ) the creation of u lien or encum- ' <br /> brance aubordinate to this Mortgage, ( 1>) the creation of a purchase money security interest for household appli- ' <br /> -,} ances, (c) a transfer by devise, descent or by operation of la��- upon the death of u joint tenant or (d) the grant of <br /> any leasehold interest of tliree 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 be immediately due and payable. Lender shall hnve waived such s' <br /> option to accelerste if, prior to tlie sale or transfer, Lender und tlie person to �vhom the Property is to be sold or ` ` ' '' <br /> i transferred reach agreement in writing tl�at the credit of such person is satisfactory to Lender and that the interest * { � '�' <br /> � �' payable on the sums secured by this �Iortgage shall be at sucL rate as Lender shall request. If Lender has waived <br /> � the option to accelerate provided in this paragrapli 17 and if Borrower's successor in interest has executed a writ- � <br /> ' � ten asaumption agreement accepted in writing by I.ender, Lender shall release Borrower from all obligations under <br /> i this Mortgage and the Note. <br /> : } If Lender exercises sucl� option to accelerate, Lender shall ±nail Borrower notice of acceleration in accordance <br /> � �vith paragraph 24 hereof. Such notice shall provide u period of not less than 30 days from the date the notice is <br /> mailed within which Bono�•er may pAy the sums cieclared due. It Borrower fails to ��ay such sums prior to the <br /> ' expiration of such period, Lender may, witl�out furtl�er notice or deinand on B�orrower, invoke any remedies per- <br /> , I mitted by paragraph 18 hereoL °� <br /> - � ti'ON-LTNIFORM CO['ENANTS. BOl'1'O�VeI' AR(� LCIICICI' tUl'LI1C1' COVC'ri1i1L and agree as follo�vs : � �` <br /> 18. Aeeeleratioa: Remedies. Except us pro�•ided in paragr:i��h 17 hcreof, uE�on Borroner's breach of any <br /> i covenant or agreement of Borro�vcr in this �lor[gnge, including tl�c covenants to pay when duc any sums secured <br /> , >; by thie �iortgage, Lender ��rior to acceleration :hall u�ail notice to E3orro«•cr as provided in paragcaph 14 hereof <br /> speaifying: ( 1 ) the bresch ; (2) tl�e action required to cure eucl� brcacl� ; 13 ) u datc, not less tlian thirty days ' <br /> from the date thc notice is mailed to I3orro�eer, b�� �chich sucL bre:icl � �uust bc curc3 ; xnd (41 that failurc to cure <br /> � such breach on or before the date specified in the noticc muy msult in acceleration of the sumc secured by this <br /> ; Mortgsge snd eale of the Property. If the breuch is not cured on or before the date specified in the notice, Lender <br /> at Lender's option may declarc nll of the sums secured by this Jlortgage to be immediately due snd payable <br /> ; i without further demand and may foreclose this �'Iortgagc by j u�iiciul proceeding. Lender shall be entitled to collect <br /> ; in such proceeding all expenses of foreclosure, incluiling, but uot limited to, costs of documentary evidence, <br /> ' i sbstracta and title reports. <br /> � 18. Borrow�is Aight to Reinstata. Notwittistnnding 7.ender's acceleration of the smnc secured by this <br /> j Mortgsge, Borrower shall have the right to hace any proceedinge begun Uy Lendcr to cnforcc this �Iortgage dis- <br /> � continued at any time prior to entry of a judgment enfarxcing this \4ortgage if ; ( al Borrow-er psys Lender all <br /> . , aums which would be then due under this Jiortgage, thc \'ote nnd notes securing Futurc .�dvances, if any, had no <br /> acceleration occurred ; (b ) Borrower cures all breschen of an�• other covennnts or aRrcements of Borrower con- <br /> ,- . t tained in this Mortgage ; (c) Borrower pays all reasonable espenses incurred by I,endcr in enforcing the covenants <br /> ' ? and agreemente of Borrower contained in this �4ortguge ssnd iu enforcing I.ender'x remedies as provided in pam- <br /> ,' ' , g8ph 18 hereof, including, but not limited to, reasonable attornep's fee: : 3nd ( dl Borrower takes such action as <br /> �• � i - Lender may resaonably require to asaure that the lien of Uzis \Iortgage, Lender's intcrest in the Property and a;c�^ " <br /> � 7� Borrower's obligstion to pay ,the sums secured by this vlortgage shall continue unimpaired. UPon such payment " <br /> snd cure by Borrower, thia Mortgsge and the obligations secured liereUy sLnll remain in full force and effect as if �� � ; ,,t <br /> ao acceleration hsd occurred. � ` <br /> 20. Aasignm�at of Reats: Appoi�aeat of Receiver, Lender ia Posaeasion. As additional security here- C= � <br /> ��, under, Borrowerliereby�saeigns to I;ender the rents uf the Property, pravided that Borrower shall, prior to acceler- �kr , ` ' <br /> ;' � a t ioa" un der parsgrap h l S hereo f or s ban donment o f t he Property, have t he rig ht to co l lect an d retain suc h rents ,7 ;�,�:, �. . , <br /> . .;:�f as they beoome dne and,payable. ' � ;",; <br /> :r� Upon acceteration under paragraph 18 hereof or ssbxndonroent of the Yroperty . Lender, in person, by agent - � :tiia c>� <br /> �;; f or by jydicially appointed :receiver sbali be entitleci to enter upon, take posse��iun of and �nannge the Property <br /> snd to collect the rents ofdflfe Property, including those past due. All rents collected hy Lender or the receiver <br /> •'� ahsII be,applied firatto payment:of_the,costs of manugement of tl�e Property and collection of rnnts, induding, but <br /> not limited to, receiver's fees, premiums on rceriver'F boraia an�i rena�nahle attornep 's f�ea, an� thPn to the sums � <br /> secured by this MorEgage. Lender and the receiver shall be liuble to account only for those rents actunlly received. <br /> , ' <br />