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� - <br /> � � <br /> ,--� <br /> not extend or postpone the due dute of blie monthly instalhnents refcrred to in paragraphs 1 and ' 2 hereof or <br /> change the amount of sucl� instsilme�ta <br /> 10. Boaower Not Release� �xtension of the time for pa,yment or modification of smortization of the eums <br /> secured by this 14ortgage grnnted Uy I.ender to any successor in interest of Borrower shall not operate to release, <br /> � in any manner, t6e liability of the originnl Borrower and Borro��•ec's successors in interest. I.ender shall not be <br /> required to commence proceedinga ogainst sucl� successor or refusc to extend time for payment or othernise modify , � <br /> � nmortization mf the sums secured Uy tl�is �Iortgage by reason of any demand made by the original Borrower and ' <br /> , : , � Bonower's successors in inteTest. ' <br /> � � I1.'Forbearance by Leader`Not a Wmver. Any forbenrnnce by Lender in exercising any right or remedy ' - <br /> hereunder, or otherwise afforded Uy applicable law, siiall not be a wai�er of or preclude the exercise of any right � <br /> i � or remedy hereunder. The procurement of insurnnce or the payment of taxes or other liens or charges by Lender � <br /> ; � � ehall not be a wniver of Lender's right to accelerate the maturity of tf�e indebtedness secured by this Mortgage. ,. <br /> � 12. Remedies Cumulative. All remedies provided in this \Sortgage are distinct and cumulstive to any other � <br /> V � right or remedy under t.his \iortgnge or afforded hy In�c or equity- , and msy be esercised concurrently, independ- � : <br /> ^ ently or succeasively. <br /> 3 13. Sueeessors aad Assign� Bound; loiat �d Several Liability; Captions. The co�•enants snd agreements � <br /> ` herein contained shalI bind , nnd tlie rights hereander �hsll inure to , thc respective successors :uid assigns of L.ender <br /> � and Borrower, svbject to the provisions of paragraph IT hereof. All covensnts and agrecmenfs of Borrower shaIt ; ' <br /> � be joint nnd several. The captions and he:tdings of the paragrnphc o( this \ (ortgnge are for convenience only and <br /> � ate not to be used to interpret or define thc provisions 1�ereoL i <br /> 14. Notice. Any notice to Borro�vei• pro�•ided for in tliis \ lortgage �hall be gi��en by mailing such notice by <br /> ; � certified mail addressed to Borro«•er :it the Yropert�• Addres, �tated bclo��- , ercept for any not.ice required under <br /> . � pnragraph ] 8 fiereof to bc given to Borro�cer in thc manner �n•cscribed bt• applicuble Ixw. Any notice provided <br /> ; for in thi5 \Iortgage shull be dee�ned to l�a�•c becn gi�•en to Borro�rer a•hen gi��en in ihc manner designated herein . <br /> ;-,s IS_ Uniform Mortgage; Goveming I.aw; Severability. T'his forn� of mortgagc combines uniform covennnts <br /> ? for national use and non-uniform covenants witli limited �•ariationc by jurisdiction to constitute a uniform secu- y ,. <br /> : rity instrument covering real property. This \fort.gage shall bc governed by the Iaw of the jurisdiction in which i <br /> j the Property is located. In the event thut any provisian o7• clause of this \Iortguge or the Note confticts with t <br /> ispplicable law, such conAict shaIl not affect other pro��isions of this \Iortgage or tl�e Note which can be given ' <br /> etTect without the conflicting provision, and to this end the provisions of the 1lortgage and the Note are declared <br /> ' 3 to be severable. <br /> . k 16. Bonowei e Copy. Borrower shall be furnished a conformed copy of this illortgage at the time of execu- , t <br /> ` tion or sfter recordation hereof. � <br /> � 17. Tz�sfer of the Propezty: Assumption. If all or any part of the Property or an interest therein is aold ', { <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 �lortgage, ( b ) the crent.ion of n purchase money security interest for househoid appli- r� <br /> ; snces, (c) a transfer by devise, descent or by operation of la��- u�ion the death of a joint tenant or (d) the, grant of r � <br /> ;S any leasehold interest of three yesrs or less not containing an option to purchase, Lender may, at Lender's option, p � <br /> � declare all the sums secured by this Morigage to be imisiediatcly duc and payable_ Lender shull have waived such ! ;; <br /> � option to accelerste if, prior to the sale or transter, Lender and the person to whom the Property is to be sold or <br /> � transferred reach agreement in �vriting tdiut the credit of sucli �ierson is satisfuctory to Lender nnd that the interest ° x. <br /> :� payable on the sums secured by this �Iortgage shall be at such rnte ss I.ender shall request. If Lender has waived � , � <br /> the option to sccelerate provided in this paragrapl� 17 and if Borro�ver's successor in interest has executed u writ- ' <br /> ;� ten sssumption agreement accepted in writing by I,ender, Lender shall release Borrower from sll obligations under <br /> � this Mortgage and the Note. � " �n r <br /> � If I.ender exercises sucii option to accelerate, Lender shall aiai! Borrower notice of acceleration in uccordance <br /> svith parugraph 14 hereof. Such noticc sl�all pro�•ide a period of not less thsn 30 days from tLe date Lhe notice is <br /> ,'� mniled within which Borrower msy pay the sums declared due. If Borro�ter fails io pay such sums prior to the ,'_ .:,: <br /> expiration of such period, Lender may, «�ithout further noticc or demand on B'orro�ver, im�oke sny remedies per- <br /> mitted by paragrsph 18 hereoL <br /> \'ON-UNIFORM COVENA�'TS. BOl'1'OWCI' }��1C� LE'R(�Cl' tlll'tllBl' COVCI1RIlt and aaree as follo���s : <br /> ] 18_ Aeceleralioa: Remedies_ Escept us provide�l in � �uragruph 17 hereof, upon Borro�ver's hreach of any <br /> � covenant or agreement of Borron•er in tliis Jlort�aFe, including tl�c covenants to i�ay «•l�cn duc any sums secured <br /> by this 3tortgage, Lender prior to acceleration aliall muil notice to Borro��•cr a. �n•o�•ided in paragraph 14 hereof <br /> J specifying: ( 1 ) the Ureach ; (2) the nction required to ciu•c such breitcl� ; 13 ) a date, not less tt�an thirty days ' <br /> t from the dste the notice is mniled to I3orro�cer, b�• �rhich �ucli brench umst be cured ; and 141 that failmr to cure <br /> -� such breach on or before the date specified in the nvticc muy resul[ in ucceleration oC the suu�s aecured by this <br /> ; 3 . ldortgage and sale of the Property. If the breacli is not cured on or beforc the date cpecified in tl�c notice, Lender <br /> k st Lender's option may declnrc all of thc swns secured b�� this �iortgagc ro be iimnedistelv due and payable <br /> , without further demand and �nay foreelose Uiis \fortg:igc by judicial proceeding. Lender shall bc entitled to collect <br /> � in such proceeding all expenses of foreclosurc, inclu<ling, hut not limited to, �•osts ot documentary evidence, <br /> :y abstracts and title reports. <br /> � 19. Bonowvr's Right to Reinstate. Notx•ithstanding I.endei's uccelcration of the sumc secured by this <br /> Mortgage, Boaower shall have the right to havc any t�roceedinga begun by I.ender to enforcc thi� vfortgage dis- <br /> � continued at any time prior to entry of a judgment enfo)rcin� this �Iortgage if : lai Borrower pays Lender all <br /> suma which would be then due under this \Iortgugc. thc '_Vote and notes securing Future Advancec, if sny, had no <br /> a acceleration occurred ; (b) Borrower cures all hrencl�es of any other co�•ennnts or agrcements of Borrower con- <br /> tsined in thie Mortgage ; �c) Borrower pays ull reaaonablc espcnse� incurred by ] ,ender in enforcing the covenants <br /> -� andsgcee:nents of Borrower contained in this �[ortguge and iu cu [omin� Lcnder'. remedies as provided in para- <br /> graph 18 hereof, including, but not limited to, reasonable attornep's iee: ; and 1d ) Borrower takes such action as � <br /> Lender may reasonably require fo assure that the lien ot this �Iortgage, Lender'e interest in the Property und <br /> Borrower's obligation to pay the sums secured hy this Jfortgage .�hnll continuc unimpuired. Upon such psyment " " <br /> „. �- �;. <br /> snd cure by Borrower; thia Mortgsge and the obligationa secured 6ereb�- shall mmain in full force and effect ns if � ^s � <br /> no acoeleretioa had occurred. �;; � �; <br /> 20. .Asaie,Tnm�nRof Aoata; Appoiatmeat of Receiver, Leader in Possession. As additional security here- � �w- `' <br /> under, Borrower liereby aeeigns to Lender tbe rents of the Propertp. provided that Borrow�er shall , prior to acceler- ;.: . <br /> sti6n under paragraph 18 hereof or abandonment of the Property, ha��c the right to collect and retain such rents ;t� <br /> ae theq.beoome due and payable. � .,� . <br /> �q IIpon`.seceTeretioa under peragrsph 18 hereof or abandontnent of the Yroperty. Lender, in person, by agent "* , � r;;µ,,.•� <br /> >+ or by judicislly appointed receiver shall bc entitled to enter upon , tukc possec�ion of and manu�e the Yroperty- "' ""� <br /> �. aald to collect the rents of`the Pronerty, including thosc Past due. All rents collected by Lendcr or the receiver <br /> ,:� . sl�all be .spplied firetlo psyment of the costs .of management of the Property and collection of rents, including, but <br /> not limitxd' to, receiver's fees, premiums on receiver's bonds and reason361e attorney's fees . and then to the sums <br /> � aecured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received . 1 <br /> a ; 1 <br /> � <br /> J <br /> _....,.:. I� <br />