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<br />not extend or lsost.pmse the due dnte ai the nsozsthh- inatnlhrents referred to in paragraphs 1 stmt 2 heroof or <br />change the amount of such installments. <br />10. Borrower Not Released. Extension of the t isne tt"err payment or modification of amortisation of the sums <br />secured by this Mortgage granted by bender io any successor iu interest of Borrower shall not operate to release, <br />iaz app n-,anner, the liability of the original Borrotves• and Borrower's successors iu interest. Lender shall not be <br />required to commence proceedings against. such sureessor or refuse to extend time for payment or otherwise modify <br />amortisation of the sums scoured Icy this Mortgage Icy reason of am• demand made by the originaF Borrower and <br />Borrower's successors in interest. <br />31. Forbearance by Lender Not a Waiver. Ant' fort+earanee by Lender in exercising any right or remedy <br />hereunder, ar otherwise at~orded by applicable lsn•, stsall riot- be a taiver of or preclude the exercise of arty rigT'tt <br />ar remedy hereunder. TFze procurement of insurance ar the payment of tsxes or other liens or charges by Lender <br />shall not Fee a waiver of Lender's right to aceeletat~ fhe maturity of the indebtedne,5s secured by this Mortgage. <br />IZ, Remedies cumulative. All remedies provided in this Mortgage are distinct and cumulative tts any ether <br />right or remedy-under this \Iartgage yr afforded by laxv or eqt=itv. and may be exercised concurrently, independ- <br />ently orsucceseively. <br />I$. $ueeessozs and Assigns Bound; Joint and 3evetat Liabili#y; Captions. The covenants and agreements <br />herein contained shalt triad, and the rights hereunder shalt inure to, the respective successors and assigns of Lender <br />and Bormwer, suFsject to the provisions of paragralzh l i Isereof. AlI covenants and agreements of Borrower shalt <br />be joint and several.--The captions and headings of rise paragraphs of this Mortgage are for convenience onFy and <br />ors not to Ise used tv interpret or define t.lse provision= hereof. <br />Ia. f9aiiaa Any notice to norrc~c°or hrat~iuod fur in 0his :iartgage alzali he given by ntaSling such r,atier by <br />certified mail addressed to $vrsower at rite Property Address stated hclo;v, except for any native required under <br />paragraph 18 Izereof to be given to Borrower in the spanner prescribed b}• applicable law. A'iy notice provided <br />for in this Mortgage sha1.1 be deemed to have been given to Borrower when given in t.hc manner desigtsstod herein. <br />I5. Uniform Mortc3aye; Governing Law; SeverabiIity. 'I'bis fornr of tortgage comFsines uniform covenants <br />for national use and non-uniform covenants ccith Fitnited variations by jurisdiction to constitute a uniform secu- <br />city-instrument covering rea! property. This Mortgage shall be governed by the law of the jurisdiction in which <br />.the Property is located. In the event fizat any provision or clause of this Mortgage or the Note contiicts with <br />applicable 1sw,-such conflict shaFi pat effect other provisions of this Jortgage or the Note which can be given <br />effect without the conflicting prevision, and to this end the pror-isions of the Zortgage and the I4ote are declared <br />to be severable. <br />Ili. BorYOwer`s Copy. Borrowor shall Ise furnished a conformed copy of this 3ortgage at the time of execu- <br />tion or after recordation hereof. <br />17. ?raasfer of the Isroperty: Assumption. If a1f or any part of the Property er an interest therein is said <br />or 'transferred by Borrower without Lender's prior written consent, excluding {a? the creation of a lien or encum- <br />brance suFrordinate to this Mortgage, (Ir) the creation of a purchase money security interest for household appli- <br />anses, {c) a transfer by devise. deseFnt or by otreration of law u}ran the. death of a joint tenant or {d) the-grant of, <br />any IeasehoId interest of three years ar less nut containing as ot;tion to purchase; I:ender may, at Lender's option, <br />declare alt the sums secured by this l~lortgage to Ire-iznrnediatcly due anti 1;ayatric• Lender shalt have waived sr_~ <br />option to accelerate if, p-:~r to ilte. sale or transfer, Lender and tize persor. to whops the Property is to-Ile setld ar <br />transferred react; agreement in writing that the credit of such person is satisfactory to Lender and that ttzs interest <br />,ray_virle nn tote s,zr s secuured by tltis'klortgage shall be at such s-aie ss Lender shalt request. If-Lender vas waived <br />the nption to accelerate provided in this paragraph I i attd if Borrower's successor ir. interest has executed- a writ- <br />ten assumption agreement accepted in writing try Lender, Lender siaaii release Borrower from all obligations-under <br />this Mortgage and the Ivrate. <br />I# Lender exercises suc}z option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 kzerr~f. 5ueh notice shall provide a lreriad of not less than 3t7 days from the date the pollee is <br />ms;:sed within which Borrower tnay trey the sutras declared due. Ii Harrower faits is pay such sums prior to the <br />expiration of such period, Lender msv, tvithout further native ar dentantl on Borrower, invoke any remedies per- <br />tnit#,ed by paragraph I8 hercot'. <br />?c,:r-LsxrFCSat ~ovr;4as•ts. f3ot•rcr>.ver and LPntlcr further covenant and agree as follows: <br />1$. Aeeeleratian; Remedies. Except as provide+f in paragraph li hereof. utron Borrower's breach of any <br />covenant ar agreement of Borrower in this \fort!"agc. inehxiing rite covenants to flay when ,rue any sums secured <br />Fry this Mortgage, Lender trrior to acccteratiezt rlsalf real! notice to Borroztcr as p:•eo-ide,F itz paragrapls 14 hereof <br />specifying: r.ri the breach: t2s the net ion rc~nised to cure such hrcarb: s3) s dato, pat Ices than thirty days <br />from the date the notice is srzaiic<I to Bc:era:. er. by ,ehu'•h such bnaeh suusi Ire curvet: and t~ S that failure to cure <br />such breach on or before the date specified in the natter n;ay result in acceleration of the corals securest by this <br />Mortgage and sale of the Property- If the breach is pat cured or. nr before tl,c date specified in eha notice, Lender <br />at Lender's option may declart alI of the corm secured by this ;lortgage to he imrnedircteh- dtte and pavalrle <br />without further demand and may fort lose this Mortgage by judicial trroeeeditzg. fender shall be enfstled to collect <br />in such proceeding all expenses a[ i`oreclosure, inehuling, buf pot limited to, costs of documentary evidence, <br />abs"tracts and titre reports. <br />If#, Boxrow®r•'s :$igh# #o I'isia~ate. tiottvithstanding bender's acceleration of the sums secured by this <br />Mortgage, Borrower shall have the right to have any Irrocoectings begun by I,encier to enforce this klartgage dis- <br />continued at say time prior to entry of a judgment enfolcing this Mortgage if: (a) $orrotver pays Lender all <br />setms which would Fee then-due under this_1lortgagc, the Note and notes-securing Ftizure Advances, if any; had- nti <br />acceleration occurred; .(b) Borrower cures ail hteaclies of amp other covenants or agreements of $ortovrer con- <br />rained in this s~lortgage~ {r.) }?ar,~o~ver pays all ressonabfe c:~penses ineurrc~ct ley Lender in enforcing ticQ^.ovenants <br />aitd agreeme~s of I3ormwer contained in this Mortgage and itr ent'tsrsing l,ender'S remedies as provided Fn'para- <br />graplr 18 hemaf, including, but pat limited ta, reasonable attorney's fees;. and tdi Borrower fakes such action as <br />T~der tn~y =~~>±abty r~uire to secure thaT_ Lhr lien of this 3Tottgage. Lender's -interest in the- I'ruperty- and <br />Borttswer's aFiligation ttt peg the sums secured Fry thin :tortgage than continue unimpaired. I.1}ion stole tiaymeis <br />snit cs:re by Bormwer, this Mortgage and. the abligatiarzs secured Iseretiy shall remain in -full force and effect as if <br />ri~ aeceleratisrs had cur. <br />2a. Assist of H+~ts; ~tmert# of Roceive:; L®nder iii 1?or+sesaon. .~s additional `security here- <br />,td73d2t, Borrower hereby asargrts to Lender the rents of the I'ropei-ty, prot'idect t1:at Fiorro>}•er shalt, prior to acce}er- <br />allots under paragraph I$ ttgreof or abandonment of the Property, Fiase the rigizt to collect aitd ietain such rents <br />settles hecorxredtsesndpayalrle. <br />~Ipon aeeeteratian under paragraph:l& heieaf ar abandonment of the Prapei'#p, Lender,- in Berson, by agent <br />yr by judicially appointed receiver shalt Fie eutitted to enter ulron, ial:e trossession of and manage the Property <br />and to collect the-rents af'the Property; including those-past due: All rents eaFlected Fsv Lender ar the receiver <br />shalbbe applied first to payment of the costs of management of the Property and collection of rents, including, buf <br />not 3ittriied to, receiver's fees, tzremitrms on receiver's Irzsnds and reasonable attorneq"s ices, and then to the sums <br />secured by this ~'Iortgage. I.rnderard the receiver shalt be liable to account onh° [ar those rents actualiv received. <br />