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<br />not extend ar postpone the due dWte of the nxrnthly iustctUments referred to itt paragraphs I and 2 hereat or <br />change the amount- of such installments. <br />10. Borrower Not Released. Extension ofthc lilac far payment or modification of amortization of the sums <br />secured by this ~'Iartgag2 granted by Lender La any successor in interest of Borrower shall nat. operate to release, <br />in any manner, the liability of the original Borrower an<} Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or rrft[se to extend time for payment or other*.rise modify <br />arnariizatian of the sums secured by iltis \lortgage by rcasmt of any elemsnd made by the original Horratver and <br />~orrawer`s successors to rnterest. <br />II. Forbearance by Lender Not a Waiver. day toruesranee by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable late; shall eat 1?e a n•aiver of ar preclude tlrc exercise of any right <br />~.w or remedy hereunder. The procurement of insurance or the payment of taxes ar other liens or charges by Lender <br />~ shad-not be a tc°aiver of Lender's right to accelerate the maturity bf thz indebtedness secured by this 34artgage. <br />~ I2. Remedies Cumulative. All remedies prodded in this ylortgage are distinct and cumulative to any other <br />right or remedy under this \Iortgsge or afforrlcrl by law or ctluity, and lacy be exerci,Qed conrttrrently, indepenrd- <br />ently or successively. <br />13. Sueeessozs meal Assigns Bound; Joint and Several Liu&iliiy; Captions. Tha covenant= and agreements <br />"`~ herein contained shall hind; and the rig}rts hereunder shall inure to, the respective successors anti assigns of Lender <br />and Borrower, subject to the provisions of }taragraph I; hereof. All covenants cart agreements of Borrower shaft <br />vr: be jairtt and several. The ea}rtions rd headings of the paragrai,lts ci' this `lortgage are fcr cattv~nianee only and <br />~` are not to be used to interpret or define t-l[e provisions hereof. <br />I$. Notice. Any notice tv Borrower provided for iu this \lortgage shall he given by trailing such notice by <br />certified mail addressed to Harrower at the Propert}• Address stated bi~low•, except tar any notice required under <br />paragraph 18 hereof to he given to Bortnwer in the tnanncr prescrii~r:d by applicable law. Am• notice provided <br />for in this Mortgage shall he deemed to have been given to Borrvwcr when given in ti[c utanner designated berets. <br />ffi. Uniform Mortgage; Governing Law; Severability. `f'ills i•orm of mortgage combines uniform covenants <br />for rational use and non-uniforn covenants with limited variations br jurisdictia[t to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed b}• the law of the jurisdiction in which <br />the Property is located. In the event that any peculator, or clause of this Mortgage or the Note conflicts with <br />applicable lae•, such eanfiiet shall not: affect other provisions vi this Mortgage or the Notc which can be given <br />effect without the conflicting provision, and io ibis end 'the provisions of the Jortgage and the Note ere declared <br />to he severable. <br />IB. Boaowei s Copy. Borrower shall be furnished a canfnrmed copy of this _'.lortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is Bald <br />or transferred vy Borrower without Lender's prior written consent. excluding (a? the creation of a lien ar encum- <br />brance subordinate to this llotcgage, (b) trite creation of a purchase money security interesv far household appli- <br />ances, (ej a 6ransier by devise, descent. or by operation of loll upon the death of a joint tenant yr (d) the grant of <br />any Leasehold interest of three yes:s ar less eat cantainh:g at. option t:: ;urrhase, Leerier may, at Lender's option, <br />daalare all the sums secured by this ~Iarigage to be intmedistely clue :reel payable. Lender shalt have waivev such <br />option to accelerate if, prior to the sale or transfer, Lender anti the iterson to tc-hon[ the Property is to he sold ~. <br />transferred reach agree.,.c.at in writing that the credit ai =uch person is satisfactory to Lender and that the interest <br />payable an the sums secured by this \lortgage shall be at such rate as bender shall request. If Lender has waived <br />the option to accelerate provides} in i.his paragrapl[ 17 and if Barrewer•s successor in interest Liss executed a writ- <br />ten assumption agreement. accepted in writing by Lender, Lender aitall release Harrower from all obligations under <br />this ~Iartgage and the Note. <br />If Lender exercises such vptian to accelerate, Lender shall [nail Borrower notice ai acceieratian in secardt-nce <br />with Iaragraph 14 hereof. ~uc1t notice shall provide a period of trot 1ea5 thou 30 clays from the date the not-ice is <br />mailed within which Harrower max- }>ay the sums rice}aced dne. if Barrvwer fails ra pav sreh sums prior is the <br />expiration of such period, Lender may. taithout further notice or demand oa Borrower, invoke any remedies per- <br />mitted by paragraph I$ hereof. <br />Nox-i''tirFOa~t Gov~r-4';TS. I3ort•ower and Lender I'nrt.her covenant artd agree as fvllate~: <br />18. Acceleration; Remedies. Except zts provider] in pxragra~,6 li hereon, upon Borrower`s ureacit of any <br />covenant yr agreement of Borrower in this 1lort~ge• ire}waing the cm'erants to pay when due :uty .-ums sae[[red <br />by this Mortgage, Lender prior to acecleration shall mail t[atire to Borrower as 1>rvvided in paragraph 14 hereof <br />spedfpittg: (Ii the breach: t2t the action rcquircri to eta•c sue}t breach: [3h a daze. eat less tl[an thirty days <br />from the date the notice i< ut~itcrt tv Borrower, by which such breach nntst be curcY3; and [4i that failure to rurc <br />such breach on or before t-hi~, date spoc;5ed in t};e notice Wray resu}t itt sece}erxtion of the serer, eeurect by this <br />?.Iaxtgage and sale of the Property. Ff the 6reaeh is not cured on or befa;cr the date specified in the notice, Lender <br />at Lender's option uray declare ail of the sums secured by this \lortgage to he ftnmediate}y due and payable <br />without further demand and tray foreclose this 3Sortgaga l,y judicial }}roceeding. I.encier shall he entitled to collect <br />in such proceeding all expenses of forecivsurc, inelurlinc. but trot limited ta, cesL of dveutnentarv evidence, <br />abstracts and title reports. <br />Ill, Boaower'a Rigk! to Reinstate. \otwithstanding Lender's zacceleration of the sums secured by this <br />Mortgage, Borrower sha}} have the right to have any proece+}ings begun by Lendr-t• to enforce this :Mortgage dis- <br />eantinued at any time prior to-entry of a judgment enfo,cittg tl;is Mortgage if: (a) Borrower pays Lender s11 <br />surtts which would be then due under this tilartgage. the Note and notes securing Future Advances, if any, had no <br />aeeeterat{on occurred; {h?Borrower cures all breaches of any other aocensnts or agrnements of Borrower con- <br />tained in this ;Mlortgage; ((-cj Borrower pays-ail reasonable expenses incurred hp Lender it: enforcing the covenants <br />and agreements of Harrower contained is this ~fortgtrge an<l in enforcing Lander: remedies as provider{ ir. para- <br />. graph It3 hereof, including, bti#, not limited ta. reasanah}e attorney's fei~:; and td) Borrower takes such acf•ian as <br />Leader may: reesanably require to assure-t-hat. the 4ien of this Mortgage, Lender's interest in -the Property and <br />13arrawer's oI}lig$6ian; to pay the sums secured by this llnrtgahe shall continue unimpaired. [;pan such payrneist <br />and cure by F3orrattrgr, this Alartgage and the obligatipns secunci hereby shalt remain in full force and effect. as if <br />na ~.elerstion had occurred. <br />2t1. Asrsgnmeat of #tenta: Appeiatmen4 of Receivei; I:ender in Posseesion. As additional security here- <br />. iiitdar, Barroiver hereby assigns to Lender rite rents of the Prtipet•iy. }3rot-ider{ that Harrower shall, prior to acceler- <br />~tiari under paragrnph I$ hereof or abatidoninent of the Prolierty, have the rig}it to collect and rct.ain such rents <br />ata they beeotne due and payable. <br />IIpon aecclecatian under paragraph 18 lic:recif nr ahundomnent of the l'ropei•ty, Lender, in parson, by agent. <br />or ley-judicially appoinked xeeeiver shai# he entitledta enter ulran, take possession of and manage zhr Property <br />and to ca}Peet the-rents of the Property, including those past due. All ref}ts col}ected by bender ar the receiver <br />shall be' appl'zed-first fa payment-of the posts of management of the Property and rnileetivn of rent,, including, hat <br />not Limited ta, receiver's fees, prentit[ms an receiver's bonds and reasonable attorney's fee.. and then to the sums <br />;scored by this ~4ort,gage. I:ender and the receiver shall !x~ liable to xr,aot:nt only tar these rents achtall}- trech•ed <br />