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nor extend m• postpone the due Gate of the nturnthly inst,tUnu_ntc referred to in parsgrap6s I and 2 hereof or <br />change the amount of such installments. <br />t(l. Borrower Not Released. Extension of tl:e time tar ps}anent cr modification of amortizstion of the sums <br />secured ley this Mortgage grunted (>y Lender to any successor in interest ui Borrower shall nat. operate to release, <br />in any manner, tine Liability of the original liorrosver and Aorro;ver's successors in interest. Lender shall not be <br />required to eotnmenee proceedings against. sorb successor or refuse to extend time for payment or otherwise modify <br />aanortiaatson of the sums secured by t-his Mortgage h}• reason of say demand ;node by tlto original Borrower and <br />Borrower's successors in interest.. <br />11. F©rb~arance by Lander Not a Waiver, -tray forbearance by Lender in exercising crag right or remedy <br />hereunder, or otherwise atiorded by applicable= law, =hail rant :,e a waiver of ur preclude ihe exercise of cry ria.ht <br />or remedy hereunder. The procurement of insurance or 'the payment of taxes or other liens or charges by Under <br />shalt rant be a cvsiver of Lender's right to accelerate the tnattuity of the indebtedness secured by this !Mortgage. <br />~? f~. R$atedies Cumulative. A11 remedies provided in this ~Iortgsge are distinct and cumulative to any other <br />riglst or remedy under this \fartgage or afforded b.- law ar eryuity, and may ire exercised concurrently, independ- <br />er• entry or sueceasivaly. <br />I3. Successoza and Assigns Bound; 5oint and Several Liability; Captions. The covenants and. agreements <br />_ herein contained shall bind, and the righter hereunder shalt inure to, the respective successors and assigns of bender <br />and Barro~i°er, subject io the provisions of paragraph 1? hereof. mil coveuant~ and agreements of Borrower shall <br />be joint and several. The esptions and headings of ihe paragraphs of this Mortgage are for convenience, only and <br />are not to be used to -interpret or define the provisions hereof. <br />~ i+t. Notice. Any notice to Borrower proc-iclerl far in ibis _`.tartgage shall he gi~:en by malting such notice by <br />certified mall addressed to Borrower xt the Property Address stn±ed below, except for any notice required under <br />paragraph 18 hereof to be given to BorroR-er i^ the manner prescribed by applicable lan•. Any notice provided <br />for in this ~tiortgage shall ttc deemed to have been given to Burrower when given in the rnanrer designated herein. <br />15. Uniform Mortgage; Govetaing Law; Severability. "i his loan of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations. by iurisdictiou to constitute a uniform seen- <br />- city instrtunent covering real property. This Mortgage shall be governed by the law of the jurisdiction in which <br />the Property is located. In the event thst any provision or clause of this Mortgage or tEte date conflicts with <br />applicable law, such conflict shall not aLtect other provisions of ibis Mortgage or the Note which can be given <br />effect without the conflicting provisimt, and to This end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />l6. Bon_omer's Copy. Borrower shall 6e furnished a coat"ormed copy of this ~inrt,;age at the time of execu- <br />lion or after recordation hereof. <br />I7. Transfer of the Property; Assumption. If all or any part of the Property or act interest therein is sold <br />ar transferred by Borrower without Lender s prior written consent, excluding {ai ihe creation of a lien ar encum- <br />brance subordinate to this 1ortgage, t b't ihe creation of a lurchase money security interest for household apgti- <br />anees, (c) a transfer by devise, descent. or by operation of late upar, the death of a joint tenant or (d) the grant of <br />any leasehold interest of three years ar less not containing an option to purchase, Lender may, at Lender's option, <br />declare ail the sums secured by this 3iort.gage to be ituutediately dun cart payahIe. Leader shall have waived such <br />option to accelerate if, prior to the safe ar trans#er, Lender arty, the person Lo whom the Propert-y is to be sold ar <br />*_ransferred reach agreement in writing that the credit of such person is satisfactory to Lender and that fire interest <br />payable nn the ;urns secured by this ?iartgage shall be at ouch rate as Lender shall request. Ii Lender "has waiveu <br />the option to accelerate provided in this paragraph l r and if Berrawer~s successor in interest has executed a writ- <br />ten assumption agreement accepted ih writing by Lender, Lender shall release Borrox°er from all obligations under <br />this Irlortgage and the Note. <br />Ii Lender exercises such option to accelerate, Lender shat! :nail Borrower native of acceleration in seconlance <br />cvitit paragraph 14 hereof. 3uclt notice shall provide a period of not less thr:n 34 days from the date the notice is <br />mailed within which Barrocver may pay the sutras decisred due. If Borrower tails to pay such sums prior to the <br />expiration of such period, Lender may. without further notice ar riemand on Borrower. invoke any remedies pet- <br />tctitted by paragraph IS hereof. <br />tio?s-1`Ntaox'+r CO~B^t?~S'YS. Poreower and Lender further cat°euant. noel agree as foliew4: <br />I@. Acceleration; Remedies. Except as provided in paragraph 17 hereof: upon Borrower's breach of any <br />covenant or agreement oI Borrower in tills _`.Iortgage, inchuling tltc covenants to }Lay when due any sums secured <br />try this :Mortgage, Lender prior to acceleration =hail moil notice to Borrower as provided in paragraph 14 hereof <br />specifying: till the lereach; i2i the action required to cure suc{t hresrit; iii a date, no[ less titan thirty days <br />from the date the notice is mailed to Borrower. in- which ..-nclt breach must be cm•ed; and t4I that failure to cure <br />welt breach an a, before the date specified in rite notice may result in acceleration of the cattle secured by this <br />\iortg~gF and sale of the Properid•. if the breach is not cured o;t or before the date specified in the notice, Lender <br />at Lender's option may declare all of the sums secured by this yiortgsge to be immediately due and payable <br />without further demand anct may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect <br />=.n such proceeding all expenses of fareelosure, including, huf pat Limited to, costs of documentary evidence, <br />abstracts and title reports. <br />19. Borrower's Right to Reinstate. latwithstanding Lender': acceleration of the sums secured by this. <br />ItFlortgage, Barmwer shall have t-he right to hate an}- proceeehngs begun by Lender to enforce this Mortgage dis- <br />continued at any time prior to entry of a juclgtnent enfaXcing this Mortgage if: lei Borrower bays bender all <br />sums which would be then due under this lIorigagc. tl,r 'vote .tad Hates sectoring Future Advances, if any, had no <br />acceleration occurred; tb? Borrower cares all breaches o? env other covenants or agreements of Borrower ebn- <br />tsined in this iSiortgage; (c) Borrower pays all reasonable expenses incurrc~t{ by t.encier in enfareing the covenants <br />and agreemonts of Borrower contained in Phis ltorigace and in enioreing Lender ~ remedies as provided in patk- <br />graph I8 hereof, including, but not limited to, reasonable sttar•ney's tees; and id) Borracvcr takes such action as <br />7leader racy rea~onabty regaire to assure that the lien of Litis Mortgage, Lender's. interest in fire Pragerty and <br />Borrower`s abtigat%on to pap the su.*ns secured by this tlartgage shall contintic unimpaired. I1pan such. pa}•tnent <br />stick cure by$arrowar, this ~tottgage and the obligationu; secured hereby slialI rnmain in full force and effect as if <br />tea t?c~lerataon Itad creeurted. <br />2€I. hseigm~sent of $teatst Appointment a# Receiver, Leader in Possession.. As additional security here- <br />utider,'Sorroirzer~ereby assigns to Lender the rents of the Propei'iy, provided that Burrower shall; prior to aeeeler- <br />atiou under paragraph I& hereof or,abandonntent of -the Property. have the- right fo collect and retain such rents <br />as they become dun and payable. • <br />Upon aeceleratiott raider paragraph 18 hereof or sihandonment of the P*operty; Lender, in person, by agent <br />or by judieiatly appointed Yecetver shall be entitled to enter upon; take possession of and manage the Property <br />and to collect the rents of the Property, inetudiag those Bast -due.-Ali -rents colfectcti by Lender or the receiver <br />shall be applied-fast tci payment of the costs of management: of the Property and collection of rents, including, but <br />not limited to, receiver's fees, premiums an receiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this ;Mortgage. Lender and rho receiti=er shall be liahlf. to accaurt only foc• those rents actually received. <br />