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r . � <br /> -- .-... . <br /> � .., <br /> not extend or j�ostpone t.he due dntc ot thc monthh• instnll�nents refer:ed to in paragruphs 1 and 2 hereof or <br /> � changethe umount of sucli installments. <br /> � 10. Bonower Not Released_ Extension of the time for pnvment or modificatian of amortization of the sums <br /> � secured by this Mortgage grnnted by I.ender to nny successor in interest o[ Borro�ver shall not operate to release, <br /> S in ssny manner, the 7iability of the originul 13orro�ver und Borrowcr's successors in interest. I.ender shall not be <br /> (� required to commence proceedings sgainst sucli successor a• retuse to extend time for payment or othernise modify <br /> �; amortization of the sums secured by tl�is \fortgage by reason of any demand made by the original Bormwer and <br /> � Borrower's suceesaore in interest. . <br /> � 1!: 'Forbearanee by Leader Not a Waiver. Any forbearance by Lender in exercisin� any right or remedy <br /> f � hereunder, or othenvise afforded by applicable la�v , shall not be n «•aiver of or preclude the exercise of any rigkt <br /> 1 Rj or remedy hereunder. The procurement of insurance or the pAyment of taxes or other liens or charges by Lender ; <br /> . � Qa shalf not be a wsiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> �j 12. Remedies Cumuletive. All remedies pro�'ided in tl�is \fortgage are distinct and cumulative to any other <br /> j � right or remedy under tliic llortgage or afforded hy lan• or equity, nnd mny be exercised concurrently, independ- <br /> � � ently or succeasively. <br /> f ' 13. Sncaessors �d Assigns Bound; Joint �d Severai Liability; Captions. The co�•ensnts and agreementa <br /> , � � herein contained ahall bind , and the rights liereunder shall inurc to, the respectivc successors nnd assigns of Lender <br /> � und Borrower, subject to the provision� of parngraph ] 7 hereof. All co��ennnts and agreements of Borrower shall <br /> � be joint and severat. The captions and Leadings of the paragrn��hc oC tiiis �[or[gage are for con�enience oniy and <br /> ; are not to be used to interpret or define the provisions hereoL <br /> ' 4 14. Notiee. Any notice to Borrower pro�•ided for in tl�i� \fortgagc shall be gi��en by rnniling sueh notice by <br /> ` ? certi6ed �nail addressed to Borro«•er at thc Yroperty Addrev �tuted belo�c, except for any- notice required under <br /> paragraph IS hereof to Ue given to Bm•ro«�er in the manner prescribed by xp�ilicable Is«• . Any notice provided <br /> ; for in this �fortgsge shall be deerned to lin�•c bcen gi��en to Borrower �chen gi�•en in thc manner designated herein. <br /> I5. Uniform Mortgage; Goveming Law; Sevezability. This fonn of mortgttge combines uniform covenants <br /> ° for nationsl use and non-uniforni covenants �vitl� limited variations by jurisdiction to constitute a uniform secu- <br /> i ri mstrument coverin real ro erty. This �Iort a e shall bc y � <br /> ; ty ' g p p g g governed b • the law of the ' urisdiction in which <br /> � the Property is Iocated. In the event that any provision or clause of this Dfortgage or the Note conflicts with <br /> upplicable law, such conflict shall not affect. other pro�•isions of this \Iortgage or the Note �vhich can be given <br /> � effect without the confticting provision, and to this end the provisions of the \Iortgage and the Note are declared <br /> � to be severable. + <br /> � 16. Borrowei s Copy. Borrower shalt be furnished a conformed copy of this \Iortgage at the time of execu- ` <br /> ; tion or after recordation hereof. F. <br /> � 17. Transier of the Property; AssumpGoa. If till or any Part of tlie Property or an interest therein ie sold <br /> i or transferred by Borrower ivithout Lender's prior �vritten consent, excluding (a ) the creation of a lien or encum- <br /> ? brance subordinate to this NIortgage, ( b ) the creation oC a purchase money security interest for household appli- ;s <br /> ' � ctncea, (c) a transfer by devise, descent or by operation of la�v upon the death of a joint tenant or (d ) the grant of <br /> � any leasehold interest of three years or less not containing an option to purchssse, Lender may, at Lender's option, � <br /> ' i declare all the sums secured by this Mortgage to be iu�mediately due ar.d puyuble. Lender shall have waived such <br /> � 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 /> ; transferred reach agreement in writing that the credit of such person is satisfactory to Lender und that the interest ,",'> <br /> ,; payable on the aums secured by this \Lortgage shall be at such rate as I.ender shsll request. If Lender hss waived ; ;,> <br /> ; the option to accelerate provi3ed in t6is paragrapl� 17 and if Borrower's euccessor in interest has executed a writ- <br /> ; ten saeumption agreement accepted in writing by I,ender, Lender shsll release Borrower from all obligatione under <br /> j this Mortgsge and the Note. ' <br /> � If Lender exercises such option to accelerate, Lender shnll :nail Borrower notice of acceleration in accordance + <br /> , T with paragrnph 14 hereof. Such notice shall pro�•ide a period of not less than 30 day� from the date the notice is <br /> i mailed within which Borrower msy pay the sun� declsred due. If Borrocs�er fails to pay such sums prior to the ; �i,, ,. <br /> � expiration of such period, Lender may, �vithout furtlier notice or demand on B'orrower, in�roke any remedies per- . <br /> fi mitted by paragraph 18 hereof. <br /> i <br /> NON-UNIFORM CovEx�rrs. Borro�cer and Lender fui•tl�er co�•enant and agi•ee a� follo��•s : <br /> - 18. Aceeletation; Remedies. Except ass pro�•ided in � r.tragr:tipli 17 hereof, upon Borrower's breach of any <br /> ' covenant or agreemenG of BarroK•er in this \tort�a�c, including the cocenants to pay ���hen duc any sums secured <br /> � by thie :1lortgage, Lender prior to nccelerution shall m:iil noticc to Borro�rer a� pro�•ided in pnragmph 14 hereof <br /> speeifying: ( 1 ) the bresch ; (2 ) the netion mquired to cure sucL breacl� ; Bl a date, not less thnn thirty days <br /> from the date the notice is inniled to I3orro��-er, by �ti- hich �iicl � Iire�iel� u�ust be c�u•ed ; and (4 ) that failure to care <br /> such breach on or before Lhe date specified in the noticc may result in acceleration o[ tLe swns secured by this <br /> ` Mortga�e and sale of the Property. If the breach is not cure�i on or beforc the da[e specified in tl�c notice, Lender <br /> ' at Lender's option �nay cleclare all of the swns secured Ly thi. �fortgage to be immediatcly due and psyable <br /> - without further demand and may foreclose tliis Jlortgn�e by j ��dicial proceeding. Lender shnll I�e entitled to collect <br /> ` ; in such proceeding al! expenses of foreclosurc, including, but not limited to, cost.s of documentan� evidence, <br /> # abstracts and title reports. <br /> � 19. Bonowerz's Right to Reiastate. Notwithstanding Lender'a ncceleration of the smnc secured by this � -' <br /> Mortgage, Borrower sha]1 have the right to ha�•e any proceedings bequn by Lendcr to enforce thia vlortgage dis- <br /> ` continued st any time prior to entry of a judgment en[oTcin� this \lortgage if : � al Borro�eer pays Lender all <br /> , ;� sums which would be then due under this J4ortgage, the \'ote :tnd notes securin� Futurc .�d�ances, if any, had no <br /> ' acceleration occurred ; ( b) Borrower curea nll breaches of any other cocenants or agreements of Borrower con- <br /> ' '; tained in this Mortgage ; (c) Bonower pays all reasonable expenses incurreci by I,ender in enforcing Lhe covenants <br /> ? � and agreemeate of Borrower contained in tl�in �lortga�;e and iu en [orcing S.ender: remedies us provided in para- <br /> Ygraph 18 hereof, including, but not limited to, ressonuUle attorney's tee_ ; and (dl Borrower takes such aciion as k <br /> � Lender may ressonably require to asaure : that the lien of tliis \Iortgagc. Lender'c interest in the Property and <br /> ' Borrower's obligation to pay the sums secured hy this \[ortgage shxi! continuc unimpaired_ Upon such payment a� ' " <br /> ` "A and cure by Borrower, thie Mortgage and the obligations secured hereby shnll remain in full force and effect us if � `'� "' <br /> no accelesation haxl occurred. ' a <br /> u° ` 20. Aasignmsnt of R�nts;, gppoiatmeat of Reeeiver. Lender in Possession. As sdditional security here- .`; �' q <br /> �`.� under, BorrowerTiereby sssigns tio Lende; tlie rents of the PropeMy. providecl thut Borro��er shall , prior to acceler- >. �' <br /> <� stion under par9graph I8 hereof or abandonment of the Property, have the right to collect snd retain such renta ; <br /> ' =' ss tliey b'eoome�due a7od payable. ` " ' � � ;" <br /> "'�`� ' Upon acceleration under parsgrsph 18' hereof' or abandonment of the Yroperty, Lender, in person , by agent :A � , �. �s� <br /> ' , or by judicislly e:ppointed receiver shall f�e entitled to enter upon, take rosse�sion of and mtinage the Propert,y '"`' '� :""� <br /> �� and to collect the rents of the Property, including thosc raat due. All rents collected bv I,endcr or the recci��er <br /> `. ' ? ' ahali be.applied firet to payment of the costs of.�nanagement of the Property and collection of rent�, including, but <br /> �. ' � not limited to, receiver's fees; premiums on rcceiver's bonds and reasonable attorney's fees. and then to the sums <br /> , secured by this Mortgage. Lender snd'the receiver ehsll hc liuble to account only for those rents netually received . � <br /> � <br />