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� � <br /> not extend or postpone the due date of thc monthly installments refcrred to in pnragraphs I and 2 hereof or <br /> change the amount of such installments. <br /> 10. Bonower Not Released. Lxtension of the ti�ne for pny�nent or inodificat.ion of amortization of the sums <br /> secured by thia VIortgage granted by I.ender to an,y euccessor in interest of Borro�ver ehall not .operate to relesse, <br /> in uny manner, the liability of the original Borrower and Bon•o�ver', successors in interest. Lender shall not be � <br /> � required to commence proceedings sgainst sucL successor or refusc to extend time for payment or othernise modity <br /> � amortization of tihe sums secured by this \tortgage by reason of nny demand made by the originnl Borrower and <br /> ; Borrower's succesaors in interest. <br /> 11. Forbea:miee by Lender Not a Wmver. any forbenrance by Lender in exercising any right or remedy <br /> < hereunder, or othenvise afforded by applicabte law, shall not be n waiver of or preclude the exercise of any right <br /> ;� � or remedy hereundec The procurement of insurunce or the payment of taxes or other liens or charges by Lender <br /> ; s d+ shall not be a waiver of Lender's right to uccelerate the �naturity of the indebtedness secured by this Mortgage. <br /> � 12. Remedies Cumulative. Al! remedies provided in this \fortgage are distinct and cumulative to any other <br /> ; M right or remedy under this \{ortgage or affordc�l hy la«• or equitp, and mc�y bc excrcised concurrently, independ- <br /> ` p ently or succeasively. <br /> 0 13. Successors �d Assigas Bound; Joint �d Several Liability; Captions. The co�•en:tnts and agreements <br /> j herein contained shall bind, 3nd the rights hereunder �hall inurc to, thc respectivc successors and assigns of Lender <br /> � snd Borrower, subject to the provisiona of ptiragraph 17 hercof. All covenauts nnd agrecments of Borrower shall <br /> : � be joint and several . The captions and headings of tlie paragraphs of this � Iortgagc are for convenience only and <br /> ; � are not to be used to interpret or define tlie provisions hereof. <br /> 14. Notiee. Any notiee to Borro«•er pro�-ided for in thi� \ lortgage .hall be gicen by muiling such notiee by <br /> certified mail addressed to Borro«�er at thc Yropert�• addre„ state�l belo«• , except. fw• um• notice required under <br /> paragraph IS hereof to be given to $orro�cer in the manner prescribed by applicable law. �m• notiee pro�•ided <br /> for in this \Iortgage .hall be deemed to havc been given to Bon•o���er «•hen gi�•en in the manner designated herein. <br /> 15. Uniform Mortgage; Governing Law; Severability. 'PhiS forni of �nortgage combines uniform covenanta <br /> for national use and non-uniform covenants �vith limited ��ariations b}� jurisdiction to constitute a uniform secu- <br /> rity instrument covering resl property. This \fortgage shall bc governed by the Iaw of the jurisdiction in which <br /> the Property is located. In thc event that any provision or clause of this �4ortgage or the Note conflicts with <br /> � applicable law, suc� conflict shall not affect other provisions oi this �Iortgage m• the Note which can be given <br /> effect without tl�e conHicting provision, and to this end the provisions oE the �Iortgage and the Note tsre declared <br /> to be aeverable. <br /> 16. Bonower's Copy. Borro�ver shall be furnished a conformed copy of this �Iortgnge at the time of execu- <br /> ,; tion or after recordation hereof. <br /> 37. Tzattsfez of the Pzoperty; Assumptioa. It all or any I�art of the Property or sn interest therein is sold <br /> or transfened by Borrower �vithout Lender's prior �vritten consent , excluding (a) the creation of a lien or encum- <br /> brance subordinate to this �Iortgage, ( b) tlw creation of n purehase tnoney security interest for household appli- � ' <br /> ances, (c) a transfer by devise, descent or by operation of lao• upon the death of a joint tenant or (d ) the grant of <br /> any leasehold interest of three years or less not containing un option to purchase, Lender may, at Lender's option, ` <br /> declare all the sums secured by this vlortgage to be iminedixtely due and payable. Lender shali have waived such <br /> , { option to accelerate if, prior to tl�e sale or trnnsfer, Lender aud t6e person to �;•hom the Property is to be sold or <br /> transferred reach agreement in writing that the credit of sucl� person is sutisfactory to Lender and that the interest <br /> i paysble on the sums secured by this �fortgage sl�all bc at sucl� ratc ac Lender shall request. If Lender has waived <br /> the option to accelerate provi3ed in this parugruph 17 and if Borrower's successor in interest has executed u writ- <br /> : $ ten saeumption agmement accepted in �vriting by I,ender, Lender shall release Borrow�er from all obligations under <br /> thie Mortgage and the Note. <br /> `s If Lender exercises sucl� option to accelerate, Lender shall anail Borrower notice of acceleration in accordance <br /> �vitli paragraph 14 hereof. Such noticc shall pro�•ide a period of not les� tlian 30 days from the date tl�e notice is <br /> mailed within which Borrower may pay the sums declared duc. If Borrower fails to psy such suais prior to the ' <br /> � expirstion ot such period, Lender may , without further notice or deTUAnd on B'orrower, invoke any remedies per- <br /> mitted by paragraph 18 hereof. <br /> ' � � � 1��ON-UNIFOR�Af CovsxwxTs. Boi•ro�vec Hnd Lendei• fui•t}ier covennnt and Agree a� follo�cr : �� � � � � <br /> � <br /> 18. Aeeeleration; Remedies. Eseept as procided in � �aragr:�ph 17 hereof, upon Borrower's breaeh of any <br /> ; covenant or agreement of Borro�cer in this \tort�ngc, including tl�c co��enants to pay ��-hen duc am• sums ,ecUred ' <br /> t by this \Iortgage, Lender ��rior to accelerution sliull mail notice to Borro�vcr ae ��ro�•ided in piu•agrapl� 14 I�ereof <br /> ' specifying: ( 1 ) the bresch ; (2) the action rcquimd to cure sucli breach ; 13 ) a datc, not less than thirty days <br /> from the date the notice is rosiled to I3orro�cer, i,�• ���Licli �ucl � hrcacl� �uust Uc cured ; and ( 9 ) that failurc to curc <br /> : ; such breach on or before tlie dute specified in thc noticc m:iy result i� accelerut.ion of tlic �uu�� secured by this <br /> '� Mortgage and sale of the Property. If the brcacl� is not cured on or before thc date specificd in the notice, Lender <br /> " ut Lender's option way declare all of thc sinns secured by tl�i, JSortgagc to be immediatcly due and pnyable <br /> without further demand and may fomciose thic \Iortgngc by judicial proceeding. Lender shnll be entit.led to collect <br /> � in sueh proceeding all espenses of foreclosure, including, but not liroited to, costc of documentary evidence, <br /> � abstracte and title reports. <br /> � 19. Boaowois Right to Reinstate. \'ot«•itt»tanding Lender's aceeleration of the sumc secured by this <br /> ' � Mortgage, Borrower shall have the right to ha�•e any proceedings hegun b}• Lender to enforce this �fortgage dis- <br /> continued at any time prior to entry of a judgtnent enfo7cing this \fortgage if : lal Borrower pays Lender all <br /> auma which would be then due under this \Iortgage, thc :��ote nn�1 notes securin€ Futurc Ad��ances, if any, had no <br /> , ; scceleration occuned ; ( b) Borrower cures all breuchc, of nnt• other cocenants or ugreementv of Borrower con- <br /> ' tained in this Mortgage ; (c) Borrower pnys all reseonnble ex��ense� inourrc�i hv Lender in i�nforcing the oo�•enant� <br /> ; and agreements ofBorrower contained in this Jiortga�c :Lnd iu enforcin� i,ender'. remedies ns provided in para- <br /> ' � ' graph 18 hereof, including, but not limited to, reasonable attorney's fee� : and Id ) Borrower takea such action as Q <br /> ee� <br /> i Lender may reaeonably require to assure that the lien of thie \[ortgaqe. Lender'a interest in the Property and <br /> s � Borrower's obligation to pay the sums secured hy this Stortgage �hall contiiwe unimpaired. Upon such payment -- �r- �4 <br /> •� aad cure by Borrower, this Mortgage and the obli�ations eecured hereby shall reinuin in full force and effect as if v <br /> ,� no acceleretion had occurred. � •: ',; � ,.�� , <br /> �# 20. 'Assignm�� of Ronts; Appointment of Receiver; Lender ia Possession. As additional security here- ° <br /> under, Borrower tiereby assigns to I.ender Che rents of the Pro ertp, prorided that $orrower shall }" � <br /> p , prior to acceler- ; ;, <br /> M� ation under paragraph 18 hereof or abandonment of the Property, ha�•e the right to collect and retain such rents <br /> ;;� ae they become due and psyable. :� ,� ` �,; � <br /> - Upon acceleration under paragraph 18 Lereof or abandomneM of the Yroperty. Ixnder, in per�on , by agent .`. � -*. . .� <br /> or by judicially appointed receiver ahall he entitled to' enter upon , take possession of and mana�e thc Property <br /> : ; and to collect the rents of the - Property, including-those past due. All rents collecteci by Lender or the receiver <br /> shsll be. applied fiast to payment of the costs of management of the Property and collectio� of reuts, including, but <br /> not limited to, receiver's fees, premiums on receiver's honda anJ rcacenable xttorney's feee. und then to the sums <br /> securecl by thie Mortg»ge. T.ender and t.he receiver shnll hc ]iable ta sccount only for thosc rents actuallt• recci�-ed . � <br /> � <br />