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, <br /> _ f. � <br /> ,-. „�,� . <br /> ; ; . � <br /> , _ <br /> not extend or postpone t,he due date o[ the monthly instalhnentc referred to in paragraphs 1 and 2 hereof ar <br /> chsnge the amount of such installments. <br /> s 10. BonowerNot Released. Extension oi iite time ior payinent or inodification oi smortization of the sums <br /> ; secured by this Mortgage granted by I.ender to any successor in interest of Borrower shull not operate to release, ,_� <br /> in any insnner, the liability of the original Boreower and Borro�cer:s successors in interest. Lender shall not be - <br /> � required to commence proceedings ssgainst sucl� successor m• refuse to extend time for payment or otherwise modify � ' � <br /> O amortization of the sums secured by tl�is \fortgage by reason of anp demand made by the original Borrower and <br /> Borrower's successors in interest_ <br /> ` j � 11. Forbear�ce by Lender Not a Waivar. Any forbearnnce by Lender in exercising any right or remedy <br /> � � hereunder, or otherwise ufforded by applieable Ia�r�, shall not be a w•siver of or preclude the exercise of any right <br /> p � or remedy hereunder. The procurement ot insurance or the payment ot taxes or other liens or charges by Lender <br /> Y # � shall not be a waiver of Lender's right to uccelerate the msturity of the indebtedness secured by this Mortgage. �;; <br /> � 12. Remedias Cumulative, All remedies pro�•ided in ttiis \lortgage nre distinet and cumulative to any other <br /> � � right or remedy under this �Iortgage or afforded b� lau• or rquity, and may bc exercised concurrently, independ- <br /> � �p entIy or successively. <br /> I� 13. Suecessors aad Assigns Bound: Joiat �d Sevezal Liability; Captions. The covennnts and agreementa <br /> � herein contained shall hind , snd the rights hereUnder �hall inure to, thc respectivc successors and assigns of Lender <br /> ; and Borro�ver, su6ject to the pmvisions of paragrnph 17 hereoL AI! covenants and agreements of Borrower shall t . <br /> be joint and severul. The csptions and l�eadings o[ t6e paragra�ihs of this �lortgage are for convenience only and t' <br /> are not to be used to interpret or define the provicions LereoC. <br /> 14. Notiee. 4ny notice to Borro�ver pro�-ided for in tl�is \Iortgage �hAll be gi��en by �nailing such notiee by <br /> certified �nuil addressed to Borrower at the Yroperty Addirss �t;ited bclo«• , exce�t for uny noticc required under <br /> ;; para�raph IS hereof to be gi�en to Borrow•er in the uiunner �irescribed by applicable lzw•. Any notice provided <br /> for in this \Iortgage shall be deen�ed to hnvc becn given to Borro«•er «•hen gi��en in the manner designated herein_ � <br /> 15. Uniform Mortgage; Goveming Law; Severability. This torni of �nortguge combines uniform covenants '': <br /> for national use and non-uniform covenants �vitli limiteri �•ariations t>y jurisdiction to constitute n uniform secu- < >�• <br /> rity instrument covering real property. This \Iortga�e shall be governed by the law of the jurisdiction in which ` , <br /> the Property is locnted. In the event that any provision or clause of tliis �fortgage or the Note conflicts with , �_ <br /> upplicable Iaw, sucli conAict shall not affect otl�er ��rovisions of tl�is JIortgage or the Note which can be given <br /> � effect without the conAicting provision, and to this end tl�e provisions of the �Iortgnge and the Note are declared � , ' . <br /> ; to be severable. r 7 <br /> i', 16. Bozzower's Copy. Borrower shall be furnisl�ed a conformed copy of this \4ortgage at the time of execu- { 7 �3 <br /> tion or after recordation hereof. ,� ''- <br /> � 17. Tzaasier of the Property; Assumption. If all or any purt of t.he Property or an interest therein is sold , u ;, <br /> j', or tranaferred by Borrower without Lender's prior written consent, ezcluding (n ) the creation of a lien or encum- � ,<< � '^''� <br /> { ' brance subordinate to this Vlortgage, ( b) the cresstion of n purchase money security interest for household appli- '' �� <br /> i: <br /> ,;; ances, (c) a transfer by devise, descent or by operation ot la�+• upon the death of a joint tenant or (d ) the, grant of r , ,� �. <br /> i' any leasehold interest of three years or less not containing an option to purchase, Lender may, nt Lender's option, " a, ;� <br /> decIare all the sums secured by this Vlortga,ge to be im�uediately due and payable. Lender shall have waived such ' " y ;�; <br /> ' ! option to accelerate if, prior to tl�e sale or trnnsfer, Lender and the person to whom the Property is to be sold or ` , y, ,��- <br /> t' transterred reach agreement in �vriting that the credit of such person is satisfactory- to Lender and that the interest ' � ,;, � ` <br /> �j paysble on the sums secured by thia vlortgage shall be at sucii rnte ae Lender shall request. If Lender has waived � `� ' z����' <br /> � the option to accelerate provi3ed in �his paragrapli 17 and if Barrower's svccessor in interest has executed a writ- �, <br /> a ten sssumption agreement aceepted in �vriting by Lender, Lender shall release Borrower from all obligations under fi ' ;, '' <br /> ,' � this Mortgage and the Note. �. <br /> If Lender exercises sucL option to accelerate, Lender shall !nnil Borrower notice of acceleration in nccordance ;"' <br /> with paragraph 14 hereof. Such notice shall provide a period of not less tliun 30 days from the date the notice is ' <br /> mailed within whicli Borrower tnay pay the sun�s declared due. If Borrower Pails to pay such sums prior to the ����* <br /> expiration of such period, Lender may, tivitl�out. iurther notice or demand on B'orrower, ic�voke any remedies per- <br /> N ;v. <br /> k � mitted by paragraph 18 hereof. :,ti <br /> a <br /> � � � iVON-UNIFORT[ COVENAI�TS. BOl'1'O\CC7' A21C1 LCIIC�C1' FU1'tI1C1' COVCI1811L and a�ree as follows : . <br /> 18. Aeceleration; Remedies. �xcept as pro�•ided in � �uragra��li li hereof, upon Borrower's i>rench of any <br /> covenant or agreement qf Borron cr in this �iortgnge, inchiding thc covenant, to paiy ��•hen due um� smus secured <br /> ; by this Jiortgage, Lender I7rior to nccelerntion sl�uli muil noticc to Borrowcr as �irovided in Pnra�raph 14 l�ereof ` ' ,V <br /> specifying: ( 1 ) the breach ; ( 21 the nction required to cwr �ucli breach ; 13) a datc, not less than thirty days <br /> from the date the notice is mailed to 13orro�rcr, in• ��-I�icli :ucl � brcatcL n�ust bc cturd ; and ( 4 ) that failurc to cure <br /> such breach on or Uefore tl�e date specified in the noticc muy result in ncecleration of thc sums secured by this � <" <br /> . i�Iortgage and sale of the Property. If the breach is not ci�red on or before the date specified in the notice, Lender <br /> at Lender's option may declnre all of the swns aecured by this \-lortgage to be immediately due and paynble <br /> without further demund and may foreclose tliis �lortgngc b�� juciiciul proceeding. Lender shnll bc entitled to collect <br /> in snch proceedins all expenses of foreclosure, incluQing, but not limited to, costc o[ �{ocumentsry evidence, <br /> abstracts and title reports. , � <br /> 19.. Borrowoi s Right to Reiastate. Notwithstanding Lender'� flcceleration of the yum� secured by this ,,; <br /> �, Mortgage, Borrower shsll have the right to ha��e uny proceedings begun by T.endcr to enforce this �lortgage dis- <br /> ' continued at any time prior to entry of a judgment enfoxcin� tliis \iortgaRe if : ( a ) Borrower pays Lender all <br /> sums which would be then due nnder this Jlortgage, thc Note nnd notes securing Future �d�•ances, if any, had no <br /> acceleration occurred ; (b) Borrower curee all breaches of nm• other co�•cnznt� or n�rcements of Borrower con- <br /> tained in this Mortgage ; (c) Borrower pays aU masonable expenses incurred bp l,ender in cnforcing the covenants <br /> � and sgreements of $orrower contained in this �Iortgnge and in enfmring J.ender'ti remedies as provided in para- � ^ � `-: <br /> i , � . <br /> „ graph 18 hereof; including, but not limited to, rensonaUle attorney'� teee ; und fd ) Borrower takes such action as ' <br /> Lender msy reasonably require to assure that the lien of tliis �Iortga�e, Lender's interest in the Property and ,�� ..� ; <br /> �f Borrower's obligation ta pay the sums secureci by thi� tlortgage shall wntinue uniinpaired. Upon such payment .�, � , <br /> '�, aad cure by Borrower, this Mortgage and the obligations secured hereb�• chal] remain in full force and etfect as if <br /> #, no saceleration had occurred. y� <br /> 20. Asdgamn�at of Reats; Appointrnent of Receiver, Leadar in Possessioa As additionul security here- � `* y'`� <br /> u 9 <br /> �� under; Borrower, herebq nasigii6 to I,ender tlie rents of 'the Property, provideci thst Borro�ver shall , pcior to acceler- �a a � <br /> A stioa "under paragraph 18 hereof or abandonment of the Property, have tUc right to collect and retain auch rents "�•' �' ' �'• <br /> ss;$hey become; due 8nd psyable. ' �`.� . " <br /> Upon scc�leraLion urider paragr8ph 18 ,hereof or abandonment of tl�c Yroperty. Lender, in person, by agent ^�� a�' <br /> ` . or by 7udicislly apppinted receiver shall be entitled .to enter . upon, take posse�ciun of and �uanage Lhe Property <br /> A� sad to. aollect the .rents of tl�e Property, inoluding those past due. All rents coliected by Lendcr or the receiver <br /> shall be applied firsE to payment of the coata of inanagement of the Property and collection of rents, including, but. <br /> not limited;to, receivet's fees, premiums on receiver's bondc and reaRonable attornep'c fee�, and then to the K�unc <br /> aecured, by thie Mor#gage. T.ender and the receivea slisl! he linble to account onh� for thosc rents atictually received. � <br /> .;,;;,. � . . . . .,�_. _ .,.,.. ��� . , . � � � � <br />