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_ r � <br /> not extend or postpone the due date oi the montBly installmentc referred to in paragraphs 1 and 2 hereof or <br /> change the amaunt of such installments. <br /> 10. Borrower Not Released. Extension of the time for �ia,yment or modification of amortization of the sums <br /> � secured by this �4ortgnge granted by I,ender to any successor in interest of Borrower shall not operute to release, <br /> j in anymanner, the liability of the original Borrowcr and Borrowcr 'v successors in interest. Lender shall not be <br /> � Q required to commence proceedings against such successor m• refuse to extend time for payment or otherwise modify <br /> amortizetion of the sums secured by tliis \Iortgage I>�• reason of anp demand inade by the original Borrower and <br /> � Borrower's auccessors in interest. <br /> � G''" 11, Forbea:anee by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br /> '} `� hereunder, or othenvise afforded by applicable la�v, shall not be n «•siver of or preclude the exercise af any right <br /> � or remedy hereunder. The procurement of insurance or t.he payment of taxes or other liens or cherges by Lender <br /> i � shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> � 12. Remedies Cumulative. All remedies provided in this \fortgage are distinet and cumulntive to any other <br /> i � right or remedy under this \iortgage or afforded hy la«• or equi�y, and muy bc exercised concurrently, independ- <br /> ti ently orsuccessively. <br /> 13. Sueeessors �d Assigns Bound; Joiat �d Several Liability; Captions. The coeen:�nts and agreements <br /> ? hetein contained shall bind , and the rights hereunder shall inure to, the respective successors and asaigns of Lender <br /> i and Borrower, subject to the provisions of paragrapli 17 hereof. .�111 covenante and agreements of Borrower shall <br /> ! be joint and several. The captions �nd hea@ings of tl�e paragrsphs of this \ Iortgagc are for convenience only snd <br /> are not to be uaecl to interpret or define the provisions liereof. <br /> 14. Notice. Any notice to Borrower pro�•ided for in this \ lortgage shall be given by mailing such notice by <br /> certified mail addressed to Borrower ut thc Property �ddress stated bclo�r , excc�rt for sny notice required under <br /> paragraph 18 hereof to be given to Bm•rou•ei• in the �nanner �irescribed by ;ip�i�icable ]a�v. A�y notice provided <br /> for in this Vlortgage .hall be deemed to havc bcen given to Borro�cer «�hen �iven in thc manner designated herein . <br /> I5. Unito:m Mortgage; Goveming Law; Severability. This fonn of mortgage combines uniform covenants <br /> fornational use and non-uniform covenants witl� limited �•uriations by jurisdiction to constitute a uniform secu- <br /> rity inatrument covering real propert3•. This �Iortgage shall bc governed by the la�v of the jUrisdiction in which <br /> � the Property is locnted. In the event that any provision or clause oi this D-lortgage or the Note conflicta with <br /> applicable law, such conflict shall not affect other provisions of thi, \Iortgage or the Note which can be given <br /> effect without the conflicting provision , and to this end the provisions of the vlortguge and the Note are declared <br /> ; to be severable. <br /> : I6. Bonowez's Copy. Borrower shall bc furnished a conformed copy of this 1lortgage at the time of execu- <br /> + tion or sfter recordation hereof. <br /> ; 17. Transfer oE the Property; Assumption. 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 /> brance subordinate to this Mortgage, ( b ) the creat.ion of a purchase money security interest for household appli- <br /> ances, (c) s transfer by devise, descent or by operation of lu��• uj�on the death of a joint tenant or (d) the grant of <br /> any lessehold interest of three years or less not contuining an option to purchase, Lender may, at Lender's option, <br /> declare all the sums secured by this Viortgage to be imu�edistely due snd payable. Lender shsll have waived such <br /> option to accelerate if, prior to tlie sale or transfer, Lender und the person to whom the Property is to be sold or <br /> , transferred reach agreement in �vritin� that the credit of such person is satisfactory to Lender and that the interest <br /> i paysble on the sums secured by this D-Iortga�e shall be at sucli rate as I.ender cl�all request. If Lender has waived <br /> the option to accelerate provi3ed in this para�raph 17 ssnd if Borrower's cuccessor in interest has executed a writ- <br /> ten sesumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br /> thia Mortgage and the Note. <br /> If Lender exercises sucl� option to accelerate, Lender shnll roail Borrower notice of acceleration in accordance '� <br /> with paragraph 14 hereof. Such notice shnll provide n period of not les, thsn 30 days From the date the notice is <br /> : mailed within which Bonower may pay tlie sums declared duc. Ii E3orrower fails to �iay such sums prior to the <br /> � expiration of such period , Lender may , without further noticc or demanci on Bbrrower, invoke ssny remedies per- <br /> � mitted by puragrsph 18 hereof. <br /> # iV'ON-UNIFORM COVENANTS. BOPl'O�l'@1' A71C� Lendei• fui•tl�er covenant and agree as follo�vs : � � � - <br /> 18. Aeeeleration; Remedies. Except xs ��ro�•ided in �,:u•u�ra� �l � 17 hereof, upon Borrower'� breach of any <br /> covenant or agreement of Borro�rer in tliis �fort�a�c, inoluding thc co�•enantc to pay «�hen due any sums secured <br /> ' by this \fortgage, Lender prior to acceleration shull uuiil noticc to Borro�ccr ac � n•o�•ided in pxr�graph 14 I�ereof <br /> j specitying: ( 1 ) the breach ; (2 ) tlie nction rcyuired to cure such breach ; 13 ) u date. not less than thirty dnys <br /> from the datc the notice is mailed to Borro�ccr, b}� ��•i�icl� �url� brcacl � iuust bc curc� ; and ( 41 that failurc to cure <br /> "; such breach on or before tl�e date specified in the noticc roaiy result in acecleration oC tlie sum� secured bv this <br /> llortgage and sale of the Property. If the breacli is not cnred on or beforc thc datc specified in tl�e notice, Lender <br /> st Lender's option inay declum all of the .ums secured by tl�i. �Iortgage to be immediately due and psyable <br /> without futther demand snd may forerlose tl�is �Iortgflgc by judiciul r>roceeding. Lender shnll be entitled to collect <br /> in svch proceeding all expenses of foreclosure, inclu�ling, !>ut not li �uited to, costs of docuuientary evidence, <br /> sbstracts and title reports. <br /> 19. Borrowor's Right to Rainstete. \�otwit6�tanding I,ender's ucceleration of the sumc secured by this <br /> Mortgage, Borrower shall have the right to have an;; proceedingc begun by l,ender to enforcc thiy �fortgage dis- <br /> - continued at any time prior to entry of a judgmenc enforcing this \Iortqage if : lal Borrower pays Lender all <br /> � ' sums which would be then due under this \fortgngc, tl�c Note and notes securing Future Advancec, if any, had no <br /> accelerstion occurred ; ( b ) Borrower cures all hreachea of an�� otlier co�•rnantc or uRreements of Borrower con- <br /> �� ' tained in this Mortgage ; (c ) Borrower pays all rea=onubli� e�pense� incurr��i bp I,ender in enforcing the covenant� <br /> and agreements of Borrower contained in thi� \ [ort�afic and iu enforcin� I.ender's reuiedies �is pruvided in parA- <br /> *" graph 18 hereof, including, but not limited to, reasonable nttorney's fee� : nnd Id1 Borrower takes such nction as <br /> j Lender may ressonably require to sssure that the lien of tliis tlortgage, Lender'c intereat in the Property and t <br /> Borrower'e obligstion to pay the sums secured by t.hi� �Iortgnge .hn11 continuc unimpuired. Upon auch payment ,.�,� <br /> and cure by Borrower, this Mortgage and the obligations �ecured hereb}• shnll remain in full force and effect as if <br /> no aceeleration had cecused. ' �� <br /> 20. Aaagsam�at of 8onts; Appoiatmeat o! Reeeiver; Leader in posseseioa. as sdditional security here- x � ,„ � <br /> ' ' u�nder, Borrower'hereby assigns to Lender the rents of the Property. ��ro�-idcd thut Borrower shall , prior to acceler- � r ' <br /> stioa uader pnragrsph 18 hereof or sbandanment of thc Pmperty, hace thc rigl�t to collect and retain auch rents "' � ' '` <br /> as thep become due and ,payable. <br /> Upon acceleration under. ara � �"� <br />� i ' P g�ph 18 hereof or Abandonment of the Yroperty, Lender, in person . bp agent ;� <br /># or bq jndicially appointed receiver shall be entitled to enter upon, take posse��ion of nnd roanaRe thc Pmperty � - .,,, , . <br />;a aad to collect the rents of the Property, including those past due. :Vl rents collecteci bv Lend�r �r the mccivcr <br />` ahall be spplied first to payment of the coste of tnanagement of tUe Property and collection of rents , induding , but <br /> r''- not limited to, receiver's feea, premiums on mceiver's bonds and rensonable ,�ttorney 's fee.. �ind then to the sums <br />'; secured by thie Mortgage. Lender and the receiver shall be Iiahle to account onlp for those rent� �ctu:ili� received . <br />' .. _ _ � � <br />