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_ r--- ' � <br /> --.., ,--�,, <br /> , . <br /> not e�ctend or postpone tl�e due date of the monthly instnllments referred to in paragraphs 1 und 2 hereof or <br /> change' the amount of such installments. <br /> 10. Boaower Not Raleased. Exteneion of thc time far payment or modification of amohizntion of the sume <br /> : secured;by this tilortgage granted 6y I.ender to any successor in interest o[ Borrower shall not operate to relesae, , ' <br /> F in uny "insw�er, ' th� Jiability uf tLe origiuril raof•ruwar and Borrt,wer'a ;uecessors in interest. :ender s;�all not be ` '' <br /> .` � required to,coinu�enee proceedings against suclz successor or refuse to extend time for payment or otherwiae modify £` " , � <br /> smortizstion of £he sums secured by td�is \fort�age by reasou of any dernand mnde by the original Borrower and , t ' <br /> Borrowe�a suocessors in interest. ` <br /> � i 11c Forbear�mce by LeadazNot a Wmvez. Any forbearance by Lender in exercising nny right or remedy <br /> � _ � ' hereunder, or otherwise afforded by applicable -law, shall not be n waiver of or preclude the exercise of any right <br /> '� ' or remedy hereunder. The procurement of insurance or the payment ot taxes or other ]iens or charges by Lender <br /> � ahalt not be a waiver of Lender's iight to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> i ^� 12. Remedias CumulaBve. All remedies provided in tl�is \4ortgage nre distinct and cumulative to any other <br /> ; � � right ;or remedy under this \Iartguge or nfforded hy Incv or cquicy, and mny bc exercised concurrently, independ- <br /> � ently or succeeaively. s ; <br /> F 13. SucceasoPs �d Rssigas Bound; Joiat �md Several Liability: Captions. The covennnts and agreements <br /> .j � herein contained shall bind, and the rights hereunder shall inure to. thc respectivc successors and assigns of Lender <br /> ,fi ^ and Borrower, subject to the provisions of paragraph 17 hereof. All covenunts and agreements of Borrower shall <br /> � be joint and severa7. The captions and itendings oF tlie paragrapl�s of this ttortgagc are for convenience onty and <br /> ; are not to be used to interpret or define tLe provisions I�ereot. ; <br /> i 14. Notiee. Any noticc to Borrower pro�•ided for in thi� \Iortgugc �hall hc gi��en by mailing such notice by <br /> ' < certified lnail addressed to Borrower at tlm Yroperty Address ,tated bclo«•, exce�rt. ior uny notice required under : ' <br /> � paragraph 18 hereof to be given to Borro�cer in tl�e manner jn•escribed by applicable la«•. Any notice provided y <br /> for in this _lfortgage shall be cieemed to havc been given to Borroa•er when given in the mnnner designated herein. £ ' <br /> 15. . UniEorm Mortgage; Goveming Law: Severability. This fonn ot wortguge combines uniform covenants ' , , ' ;- <br /> � for nationsl use xnd non-uniform covenants witl� limited �•ariations Vy j uri�dictiun lo constitute a uniforni aecu- <br /> rity instrument covering real property. This \Iortgage shall bc governed by the law of the jurisdiction in which <br /> the Property is located. In the event that any provision or clause of this Vlortgage or the Note conflicts with � � ' <br /> ' � '�: <br /> ; upplicable law, such conflict shall not affect otl�er provisions of this \Iortgage or the Note which csn be given ; <br /> � effect without tl�e conflicting provision, and to this end the provisions of the �iortgage and the Note are declared � ', <br /> � <br /> i to be seversble. �_ ,; <br /> y I6. Bo:rowez's Copy_ Borrower shall be furnished a conformed copy of this i�Iortgage at the time of execu- ' r� '���F• <br /> i tion or after recordation hereof. ' `� " ' �� <br /> � ; irc ,. . <br /> 17. Tzansfer ot the Pzoperty; Assurnpflon. If all or any part of the Property or an interest therein is sold � �, ,� �.� <br /> � or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum- <br /> 1��4� . <br /> . � brsncesubordinate to this Mortgage, (b ) the creation of a purchnse money security interest for household appli- s �: ;:- <br /> ances, (c) s transfer by devise, descent or by operation of lu��� upon the death of a joint tenant or (d ) the grsnt of ° y�;%��,�'.'�„ <br /> " t sny leasehold interest of three years or Iess not containing an option to purchnse, Lender may, at Lender's option, � �: ` �`�; <br /> � declare sll the sums secured by this vIortgage to Ue i�n�nediately duc and payable. Lender shnll have waived auch �� "$ �gi',� <br /> option to accelerate if, prior to the sale or' transfer, Lendcr and the person to whom the Property is to be sold or % '` " '"�� <br /> � traneferred reaclr agreement in �vriting that tLe credit of such person is satistactory to Lender and that the interest '+�� <br /> payable oa the sums secured by this �4origage shall Ue at sucli rste as Lender shall request. If Lender has waived ' ���'' �r <br /> � the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest lias execnted a writ- "�`a'�"' <br /> ''� ten aesuxnption agreement sccepted in writing by Lender, Lender shall release Borrower from a11 obligatione under <br /> � this Mortgsge and the Note. ; �' <br /> If Lender exercises sucl� option to accelermte, Lender shall auail Borrower notice of acceleration in accordance <br /> " � with paragraph 14 hereof_ Such notice shall pro�•ide a period of noc less than 30 days from the date the notice is <br /> � mailed within which Borrower may pay- the sums declared due. If Borrower fails to pay sucli sums prior to the < <br /> expiTation of such period, Lender may, n�ithout furt.l�er notice or demand on Bbrroa•er, invoke any remedies per- i <br /> `� riutted by paragraph 18 hereof. <br /> ' . � Nox-UvrFoxaz CovExwrxs. Boc-ro�vei• and Lender furtl�er covenant and agree as follows : <br /> 18. Aaceleration; Remedies. Except us pro�•ided in pssrngra��l� 17 hereof, upon Borrower's breach of any <br /> ' ,j covenant or agreement of Borrow er in this �Iort�a�c, including thc covenants to pay when duc any sums secured ' <br /> 1 by this Aiortgage, Lender prior to accelerntion .hull m:iil notice to Borro�rcr as provided in paragraph 14 hereof <br /> , i specifyingc ( 1 ) the bresch ; (21 tlie action required to cure such brescl� ; 13 ) A (III�Ca not less t6an thirt,V days <br /> � from the dste the notice is mailed to ]3orro��•er, b�• ��-6icl� �url� brench nwst be em•ed ; and (4 ) that failure to cure <br /> , � such bresch on or betore tl�e dute apecified in the notice n�tiy result in ricccleration of ti�e suivs secured by this ' <br /> Mortgu�e and sale of the Property. If 4he breach is not cured on or before the d:�te specified in tlie notice, Lender <br /> � at Lender's option inay declnre sill of thc suins secured by this �3ortga.gc to be iinmedintely due �na ney8�ie <br /> without further demand and inay foreclose this �Iortgage by judicial proceeding. Lender shall he entitled to collect <br /> ', � in such proceeding all expenses of foreclosurc, incluiling, buf uot limited to, costs of docwnentary evidence, <br /> abstracts and title reports. ,,; <br /> , � 18. Bomrowqr's Right to Rainstate_ Notwitl�standing Lender's acceleration of the sums secured by this - <br /> � MorEgage, Borrower shall have the right to ha�•e any proceeclings begun by Lendcr to enforce this vlortgage dis- <br /> ; $ continued at any 'time prior to entry of a judgment enforcin� this �Iortgage if : (al Borro�cer pays Lender all <br /> ,� sums which would be then due under this �Iortgage, tlic Note nnd notes securing Future Adeances, if any, had no - <br /> ,: .� • acceleratioa occurred ; (b) Borrower cures ull breaches of any other covenants or agrcementa of Bonower con- <br /> f, ,,k tained in th9s Mortgage ; (c) Borrower psys nll reasonablc espenses incurrecl h,y 7.ender in enforcing the covenants <br /> ; � and agteementa of Borrower contsined in this �tortgaKe and iu eutorcinK I.enaer'� remediee us proviJed in para- <br /> graph 18 fiereof, including, but not limited to, reasonaUle nttorney's fees ; and (d ) Borrowcr tnkes such action as ,; <br /> r�� Lendei may reasonably require to asaure that the lien ot this \Iortgagc, Lender'c interest in the Property and , " :- <br /> Borrower'a obligaLion to pay the sums secured by this 13ortgagc shall continue unimpaired. Upon such payment ` <br /> �'�� and cure bp Borrower, this Mortgsge and the obligations secured. hereby shall remain in full force and effect as it -�-�c_ ' '" <br /> no acoelerafaon had oocurretii. �� � � ��� ���� � � � � . <br /> �' ?A. A�sigaao�at of R�afs; Appoin�ent of Receiver: Lender ia Possession. As additionnl security here- '' ;u�" <br /> ; , , . ' under, Borrower hereby sssigns to Lender the rents of the Property, provided that Borrow er shall, prior to acceler- � <br /> $tion undeir' paragraph 18 hereof or abantlonxnent of the Property, haee thc right to collect and retain euch rents �� <br /> � sa �hey becor�ne'due and papabie. , � „ � � � � - � �,��, <br /> . � Upqa sCCelEcation under paregiaph 18 hereof orabsndonment of the Yroperty, Lender, in person , by agent � `: ' <br /> r�' ox by`�u'tliciallg appoiated ' receiver shall tte ent9tled to enter upon, take �ossession of and �vanage the Property �`;""___,,,,r,� _,r: } <br /> �. snd to ;colIecE theaente oi =the Property, - including those pnet due. r111 renta coilectcKi bg I,ender or thc recciver <br /> ,r,� > ' shsli be apgiied $rst to paymenE of the eoeta of management of the Property and collection of rents, including, but <br /> ` ' 'not limited to, rnceiver's fees, ptemiums on receiver's bond� and reasonable attorney 's fees. and then to the sums <br /> � secured bp �2�is Mortgage. I:ender snd the receiver,sliall bc7iable to account only for those rents neLunlly received. <br /> ` . _, � J <br /> , _ .� , .,. .., . ,. ,.. . :.. � <br />� <br /> t <br />