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<br />78-~ ~l~8~g`~ <br />not extend or postpone t}te duo date of fete mortth{y iuatalhtteitts refer:•ed t-a ;n paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10: Borrovrer Not Released. Extension of the fizne for payment or rnodificatian of amortization of the some <br />secured by this lortgage granted by Lender to any euc•cessor in interest of Borrower shall not operate to release, <br />in any manner; the. liability of the original Borrotcer and Borrower"s successors intnterest. Lender shall-not be <br />required to commence lrroceedings against such successor a• refuse to extend time far payment or otherwise madif} <br />amortization of the sums secured by this ~lottgaFe cry reason of art• demand made by She arigina} Borrotcer and <br />Barrawer's sneceasitrs ir. interest. <br />11. Ferl:asa~cQ by Lend®r Not a Waiver. rlny forbearance by Lander in exercising any tight or remedy <br />hereunder, or otherwise afforded by applicable )aw, shall not be a waiver of or preclude the exeroise of any right <br />or remedy hereunder. 'Phe procurement of insurance or the paj*nient of taxes or otter liens ar charges by Leader <br />shall net be a waiver ot" Lender's right to accelerate the maturity of the indebtedness secured by this Sortgage. <br />12. Reaaedies G?snnuiatiae. Ali remedies provided in this _lortgage are distinct and cumulative to any other <br />right ar remedy under this Mortgage m• affarcled Ire iaty ot- equity, and Wray be exercised concurrently, independ- <br />ently ar suee~sively. <br />13. Saeceasors aad 14saigns Bouad: Ioiat and Several Liadaility; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall itnrre to, the respective successors and assigns of Lender <br />and Borrower, subject fo the provisions of paragraph 1"r her.eof.:~il covenants and sgreernents of Borrower shall <br />he joint and several. The captions and headings of fire paragr:tptrs of this Mortgage are for convenience only and <br />are not to be used to interpret or define the provisiens hereof. <br />td. Notice. arty notice to Borrower provided for in this \lortgage shall be given by mailing such notice by <br />certified mail addressed io Bon•on-er ai the Prairerr :lddress s=.ated !re}ow, excelrt for any notice required under <br />paragraph IS hereof to be given to Borrotcer ir, the manner preseriheci by aplr}ieablc loll-- any notice prodded <br />For in this Mortgage shall be deemed to have been given to Borrower when giver, in tlrc manner designated herein. <br />T5, tTaifozm Aortgage; Govemiag l.aw; Severability. This farm of mortgage combines uniform covenants <br />far national use and Wan-uniform covenants with Limited vacations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \lortgage shall lrc gererneci by the late of the jurisdiction in which <br />the Property is }orated. in the event that any provision or clause of this lortgage ar the irate santiieb? with <br />applicable law, such conflict shell net affect ot}rer prot•isiors of this Mortgage or fhe Nate wltieh can be given <br />eiI•eoG without the conflicting provision, and to this end the provisions of the Zortgage and the Note axe declared <br />to be severable. <br />25. Borrower's Copy. Borrower shall he furnished a conformed copy of this 1lort,gage aL the time of execu- <br />tion or after reeordatiar. hereof. <br />27. Transfer of the Property: Assnmptian. Ii all or any part of fhe Property or art interest therein is sold <br />or transferred by Borrower :vit'trout Lender`s prior written consen=..• excluding (a i the ereatian of a lien or encum- <br />hrance subordinate to this 'aforrgsge. tbl the ereatian of a Iwrehase money security interest for hauseliold appli- <br />ances, !c) a transfer try devise. descent ar• by olteratiun of loll- upon the death of a joint tenant or Id) the grant of <br />any leasehold interest of three years ar less net containing ;an optiar, to purchase, Lender may, at Lender's option, <br />declare all the sums securon cry this i4lartgsge to be inurediately cfue and payab#e- Lender shall have waived such <br />option*_o accelerate if, prior to the sale or transfer. Lender and the Iversen to wham the Froperby is to be-said or <br />transferred re:ac#t agreement in u•riiing rivet rite credit of such }rersan is satisfacton to Lender and that the ia-ttEres`t <br />payable on the sums secured by This \iorigage shall be at such rate as Lender shall inquest. If Lender has waived <br />the option to accelerate provided in this paragraph i ~ and if Borraa•er's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br />this ;k4artgage and the :tote. <br />If Lender exercises such option to accelerate, Lnder she}1 ntaiI Borrower notice of acceleration in acaarciance <br />with paragraph 1# hereof. Such notice. shall provide a period of nob less than 3tl days from the date the notice is <br />mailed within te'hicl: Barraicer may pay the aunt.. declared due. If Borrower fails to nav such sums prior to the <br />exriration of such period. I:ender may. without further stctice or demand on B'arrotver, invoke any remedies per- <br />mitted i;y paragraph 18 hereof. <br />Gov-L-vtFOa~r i_'nt7:xsrn. ~Barrotver end Lender further covenant and agree as foilaty <br />ic. eceoeioraxiaa: Remedies. r;xce;;, s:- pravi+.le.l i : p.tragrtph l7 hereof, •ulron Barrawer`s breach of any <br />covenant or agreement of Bor•atsea in this `lortgage. including the covenants to pay when due any sums secured <br />by this Sfartgage, Lender prior to acre}u rtion alrail mail r ~me1~~ t ~ in paragraph 14 hereof <br />specifying: (I} the breaelt; i2r fire acrron ~r.Ytuired to cure rit'~sle':;~a datc~iot tress than thit2s days <br />from the date the notice i< nsaHed to Burro,ver. h}• tchich ,uc~~,'=#Szr;#trrSg'b~ttt£~~;~41 that. failure io cure <br />atreh breach an ar before t}:e date cnecified in the notice Wray result in acceleration of the sums secured by this <br />3ortgage and sale of the I'rcperty. lt` tiret,rr~ach is rot cured on or before the date specified in the notice, Lander <br />at Lender's option Wray declare :ell tic the ~wrts secured by this Mortgage to he immediatciy due and payable <br />without further demand and may foreeitrst .'acs= Mortgage by judicial proceeding. bender sha}I }re entitled to collect <br />in such proceeding alt cspenses o: icreclosure, itrchre!ing, but rrai limited te, casts of doeuntetrtary evidence, <br />abstracts and title reports. <br />19. Borrowes'a RPgi~t to Rai~tate, latwitl:st:tn:#rtre; larder's acceleration of the sums secured }sy this <br />Mortgage, Bozmwer snail have the right to bare :.nv I,roc~~tiing-; begun by I.erder to enforce this Mortgage dis- <br />continued at any time prior to entry of a judgutem enforcing this Mortgage if: tai Borrower pays Lender all <br />sums which would be then due undr.:• this Jlartgagc. fire \ote :end notes securing Futum Advances, if-any, had nit <br />aeee#eratian occurred; t,b`i Bormwor cure: alE 6reach.s oisn}- other covenants or agreements. of Borrower con- <br />4aiaei3n t hie ~lar`~ge, isi 8arr~-er t,ays all ;; rasvnablc- c-apt=nsc= iacurre~i t;c• l.er.dar is enforcing the covenants <br />and agreements of Borrower contained in this \lortgage and in enforcing lender's remedies as provided in pare= <br />graph 18 hereof, including, but net tzmited to, reasottauk attmvec•s fee> : and td i Borrower takes such action as <br />Lender'-may reasonably require to assure that the lien of ?ira~ Mortgage, Lender'* interest in 'the Property and <br />$orrower's obligation to pay the sums secured by thL Mortgage shall- continue unhnpaired. Ii}ion such .payment <br />sad elite by 23orroiarer, this ifartgage and the obligations secured Iiereb}• shall rernaitr in full force and effect as 5f <br />Ztb acceleration. had occurred.. - - <br />~. Asaigneauoxtt of Rstz~s: Ap~tmaQ! otReceivac: hander in Possession. As additional security here- <br />: -under,Borrowerliereby assigns to bender-Cite rents of the Propery, provided filet $orroiver shah; prior to acceler- <br />stis:t wader-psragrwph 18lierectf ar abandon;rert of the-Yrol~rtq., have the right to eaileet and retain such rents <br />as they;heeasue duo-and payable. <br />ISpan acceleraEioii under parageaph,IS hereo} :rr aftundanntent-of rite Yropertt, Lender- in person, by agent <br />ar 3ay'}udiaialfy a}ipainted receiver shall t5e entitled eo tinker-upon: recce possession- of and rnaetage the I'rcperty <br />and eta ciallect -`the ren+.$ of rho Ptnperty, irie#uding those past dtie. <l}i -rents colierted by bender or the receiver <br />shall be applied first to payment of the costs of management. of the Property end collection of rents, including. but <br />not limited to, receiver's fees, premiurnfi an re}roiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this i`tilartgage. louder and the receiver s}rt1] he liable to account on}v for 'those rents actually received. <br />