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t°-y° <br />not extend ar postpone the due date of the monthly installmeni,= referred t:o in paragraphs 1 and `2 hereof or <br />change the amount of such install:Hants. <br />~ iQ. Basower Not a"I• eleased. Extension of the time far payment. or maclifieation of amortization of the sums <br />*~ secured by this Mortgage granted by Lendes•tn any successor iu interest of Borrower shall not operate to release, <br />"~ in any mamser, the liability of the original Borracver and Borrower's successors in interest. Lender shall not be <br />Gv required to conunence laroceedings against such successor ar refuse to extend time far payment ar otherwise modify <br />amartiaatian of the soma: secured by this lortgage by ressan of any demand made lay the originsl Borrower and <br />'°~ Bn wer' .,.,~-~....:u i^*:vr<st. <br />Ali. Forbearaace bg Leader-Net a Waiver. Any -forbearance by Lender in exercising any right. or remedy <br />~ hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right <br />~ or remedy hereunder. The procurement. of insurance or the payment of taxes or other liens or charges by Lender <br />shalt itot be a waiver of Lender's right to accelerate the maturity of the iHdebtedness secured by this Mortgage, <br />3i. RemediaaGtinsula ve. All remedies prnyided in this :Mortgage are distinct and cumulati.°z to any other <br />right or remedy under this .Mortgage or afforded by Isw or equit}•. and may t+c exercised cancut•rently, irtdepend- <br />ently or successively. <br />23; Staccessors wad .Assigns Bauad: Joint and Several l.iabitity: Captious. Tlse covenants and agreements <br />herein contained shalt bind, and the rights hereunder shall inure to. flee respective successors and assigns of Lender <br />and $onower, subject to the. provisions of lsara~raph I e" hereof. ~ 11 covenants and agreements of Borrower shell <br />be joint and several. The captions and headings of tl:e lrsragraples of this Mortgage are for convenience ot;ly and <br />' are not to he used to interpret or define the provision, hereof. <br />id. Notice. Any notice to Borrnwer provided tot• in this ~loctgage shat} he given by mailing such notice by <br />certifecf mail addressed to Borrower at the Prapert}• .lddres: ~taied below, except for any notice required under <br />psragrsph I$ hereof to be given to Borrower in the manner prescribed by atpplicable lacy. Any notice provided <br />far in this \Iortgsge shall he deemed to have been given to Borrower when given in the manner designated herein. <br />i5. Uaafozm Mortgage; Governing I.mv: Seveaability. This forns of mortgage combines uniform covenants <br />for national use and non-uniform covenants a-ith hnlIted variations by jurisdiction to constitute a uniform secu- <br />rity instrnment covering real property. This Mortgage shall be governed by the law of the jurisdiction in which <br />the Property i, located. In the event that any provision or clause of this Mortgage or the Nate conflicts with <br />applicable law, such conflict shalt not affect other provisions of this Mortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the 3iortgage and the I~tote are declared <br />to bs severable. <br />26. ]lozaowei s Copy. Borrower shall be furnished s conformed cony of this bIortgage at the time of execu- <br />tion or after recordation hereof. <br />i7. Transfer of Oho Property: Assutnptioa. If all or any part of the Property or an interest therzin is sold <br />or transferred by Borrower withoui Lender's prior written consent, excluding (a) the creation of a lien or encum- <br />brance subordinate to this ilortgage, (b) the creation of a purchase money security interest for household appli- <br />ances, {c) a transfer by devise, descent. or by operation of law upon the death of a joint tenant ar (d) the grant of <br />any leasehold interest of three years or less not conkaining an eptian to purchase. Lender may. at. Lender's option, <br />declare all the sums secured by this Mortgage to be iantnediatelz_- due and payable. Lender shall have waived €+~-^3+ <br />option to accelerate if, ;=r^r to the sale or transfer, Lender and the laerson to whom the Property is to be sold or <br />transferred reach agreemPSt in writing that the credit of such person is satisfactory to Lender and that the interest <br />payable ova the sums •-• u•~-'~„ h;,= ~ h;- :.^t~gage ~ltstl he a such ,a~~ as I ^nder sh°11 regt;e;t. If I.°.nd4r l:as waiv°d <br />the option to accelerate provided in this l; rztgraph I r and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted is writing by bender, Lender shall release Bortnwer from alt obligations under <br />this Mortgage and the Noie. <br />If Lender exsrca_~es such option to accelerate, Lender shall mail Borrower notice of seoeleration in accordance <br />cyith paragraph 14 hereof. Such notice shall provide a period of not less than 3t) days from the date the notice is <br />mailed within which Bo_rower may pay tt7e sums declared due. If Borrower fails to pay such sums prior tri the <br />expiration of such period, Lender mug, without further notice or demand on Borrower, invoke an}• remedies per- <br />mitted by paragraph iS hereof. <br />4or.--€'rar>xen3t L;ovr::~as•rr. Bat•rower and L=ender ftarYher covenant and agree 2 fnllou•s: <br />18. Rcceleratioa: Remedies. Except as provided in Itttragr:tlrh I7 hereof, upon Borrower; breach of any <br />covenstt. ar agreement of Borrower in t!tis Mortgage, including the eavenants to pay wltcn duE• any sums secured <br />by this lforigage, Lender prior to acceleration shall mail ;okipe~~;,`~otjj>~•a~yide<t in paragraph 14 hereof <br />specifying: (11 the breach; (21 the action roc}aired to cures~$;clst;E?}i a d>i •, not less than thirty days <br />from the daft the notice is mailed to Borrower, by which such trx•ear9ea~yc~; a~~ f4i that failure to cure <br />such breech on ar before the dale specified in the notice may result in acceleratiori~of-the sums secured by This <br />:Mortgage and sate of the Property. If the breach is not clued or: or before the date specified in the notice, Lender <br />at Lender's option msy deelsre all of the sums secured by this Sortgage to be immediately due and payable <br />evsthaut further demand and mob foreclose this 1lartgage by judicial laroceeding. bender shalt he entitled to collect <br />in such proceeding ail expenses of foreclesurc, including, but not limited to, costs of documentary evidence, <br />abstracts and title reports. <br />1Q. 1lorr®weis 1liglht to Reirrsta#e. tiotwithstandiag Lender's acceleration of the sums secured by this <br />Mortgage,. Borrower shall have the right to Have ar.}° proceedings begun by Lender to :enforce this Mortgage dis- <br />continusd at any time prior to entry of a lodgment enforcing this liartgage if: is! Borrower pays Lender alI <br />sutras which vrould be then due under this Mortgage, the Note and notes securing Future Advancee, if any,-had no <br />seoekratian occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower eoa- <br />taiaed in this Mortgage; (e) Borrower pays a!1 reasonable expenses incurrc~? bt- bender in enforcing the covenants <br />s:fd agreements of Borrower eontaiaed in this lortgage-and ita enforcing Lender's remedies as provided in para- <br />graph iS hereof, including, but not Isrstited ta, reasonable attorney's feea; and id) Borrower takes such action as <br />I,eadrr tnsy reasonably require to assure thxi the Ilea- of this 1lortgage, Lender's interest in the Property sad <br />Borrower's obligation to pay the suexrs secured by this liortgage sitali continue Hnimpaired. Upon such payment <br />and cure by Borrnwer, this MoaLgage and- the obligations secured hereby shalt remain in full force and effect as if <br />no ~ecalsrar<ioii-had acaurrnd. <br />24. Asargt et Hera: 1[ppaiisbztent of Receiver, Lender is Possession. As additional security here- <br />- under, $orrnwer herEby assigns to Lender the-rents of the ProperE.y, profiled that Borrower shall, prior to seeeler- <br />atian folder paragraph I13 hereof or abandonment of the Property, have the right to collect and retain such rents <br />as thxy become dos and payable. <br />Upon secslaation under para*„raph I8:herenf urttbandonment of the Yrnpsrty, Lender, in person, by agent <br />or by judicially appointed-reeeiyer-shall I>e entitteci to enter upon,- take pocsessian of and manage the Property <br />wad to mltect the rents of the Property; incladmrr those vast flue. Ali-rents collected by Lender or the receiver <br />shall be applied first to payment of-the costs of inanagement of the Property and eolleetian of rents, including, but. <br />nut limited to, receiver's fees, premiums on receiver's bonds and rcasannhte attorney's fees. and then to the sums <br />secured by this Mortgage, I~endet and the receiver shall be liablr, to account only Far those rents actually received. <br />