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r-°- <br /> <br />not extend ar postpone the due date of the mantl.Ey instathnents referred to in paragraphs 1 and 2 hereo2 or <br />change the amount of such instaitmeris. <br />Id. Harrower Not Released. Extension of the time for payment. or modification of amortization of the sums <br />scoured try this Mortgage granted iry Lender to arcs etiecessor in interes~ of Horrower shall not. operate to release, <br />in any manner, ilre Liability of the origir=al Barrawer and norrower's successors in interest. Lender shalt net Ire <br />required to enmmenee proceedings against such successor o:• refine fa extend time for payment or, nthernise modify <br />anyartaz?tian of the sr?ms secured 6y this Mortgage b}• reason at any demand made by the original Borrower and <br />Harrower°s successozs in interest.- <br />12. Parbe~mice by Leader Iriot a ~Fdiver. :ltiy forbesranee by Lender in exercising any right ar remedy <br />hereunder, or otherwise afforded by applicable Law, shalt not he a waiver of or pzeclnde the exercise of-any right <br />ar remedy hereunder. Trte procurement of insurance or the t~yment of taxes or other liens or charges liy Lander <br />shall not be a waiver of Lender': right to accelerate the maturity of the indahtedness secured by this ~#nrtgage. <br />I2. Remednes Cumulative. A}1 remedies provided in this liongage are distinct and cumulative to any other <br />right or remedy u=nder tlssa Mortgage nr affordesk by la :r er equity. oast tnav he exercised eancurrently, indapeitd- <br />anth nr successively. <br />I3. Suecesaors cad Assigns $aund; Taint and Several, Liability; Captions. The covenants and agzeements <br />herein contained shall bind, and the rights hernunder shalt inure to, tIic respective successors and assigns of Lender <br />and Barrawer, subject to the provision.; of pxragtxiph I; h€reaf. alI co~renants anti agreements_nf Borrower shall <br />be joint and several. The raptions and headings of tine paragraphs of this Mortgage are for convenience only and <br />are not to foe used to interpret (rr define tare provisions hereot. <br />l4. Notice. :iny rosier to $arracver pravidett for in this Mart-gage shall be given by mailing sneh entice by <br />certified atoll addressed to Barrn4ver at tlu~ Pratrery ~cldress stated below, cscept for any votive required under <br />paragraph I8 hereof to tx given to Harrower in the manner prescribed k}y aptlicable Ia4F~ ~np notice pzavidetl <br />for in This ~Iartgage sl?all he deerued to bare been given io Borrower ;vtten given in -the manner designated herein, <br />I5, Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument severing real property. This tortgage shall he governed by the law. of the jurisdietian in which <br />the Property is located. In the event tf.at. any provision ar clause of ibis Mortgage or the .Vote conflicts with <br />applicable tau', suet; conIIict shall not affect other provisions of-this \Iartgage ar the Note which can he given <br />effect without the canf!icting provisicn, and to this end the provisions of fire Jortgage and the Nnte are declazed <br />to be severable. <br />i6. Borrowei s Copy. Borrower shall he furnished a conformed Copp of-this Mortgage at the time of execu- <br />tion or aster reconlation hereof. <br />I3, Sranafer of the Property; Assumgtion. If all or any part of the Property or an interest therein is sntd <br />or transferred by Borrower without Lender's prioz written consent, excluding (al the creation of a Lien or eneum- <br />hzanee subatdinate to this Mortgage, (bl lre ereatian of a purchase money security intere.~t for househs}d appli- <br />aneas, Ee) a Iran€fer by devise, descent ar by operation of laiv upon the death of a joint tenant or (d}.the. gran€r~f, <br />any leasehnld interest of three years ar less not eontainirg an option to purrhsse, Lender map. at Lender's option, <br />declare all the sums secured by this 1lortgage to lre intmadiately due an<I payable. Lender shall Iuive-waived-.such <br />option to accelerate if, pror to the sale or transfer; Lender and the person to wham the Property is to be said. or ' <br />transferred reseh agreement in reriting that the credit of swell pe,=son is satisfaetnry to I.2rd2r and-that ~hv interest <br />payable on the sums secured by this tilarigage shall be at such rate as Lender shalt request. If Lender has waived <br />the option fa accelerate provided in-this paragraph I7 and if Borrower's successor in interest has executed: a vrrit- <br />ten assumption sg;eement accepted in writing by Lender, Lender shall release $orrower cram all nbligatigns txTtaler <br />tlsis B2vrtgage and the Iv otie. <br />If Lender exercises such option to accelerate, Lender shall mail Barrawer notice of sccolerat"son in acenrdance <br />frith paragraph I4 herao£ c.teh notice shalt provide a period of not Less than Std days from the-date the native is <br />atetl-witlrir which Borrower may pay the sums declared clue, If Barrawer faits. to pay such sums prior tb the <br />expiration of such period, Lender array. wiihout further notice or demand on Horrower, invoke any remeilias per-- <br />. mittecl by paragraph 18 hereof. <br />i~or~-L?>~rz<oaxr CovExaxTS. Borrower and Lender further covenant and agree as follows: <br />ia. Aeeeleration; Remedies. Fscept. as l.ravicterl in paragraph 1 i Iaereaf, upon Borrower's. breach of any <br />covenant oz agreement of $on•oa~er in this Mortgage, including rite covenants fo pay ashen due any sums secured <br />by this :tfartgage, bender prior to acceleration stroll mail notice to Bortvtter as provided in paragraph 14 ltereo{ <br />specifying: (I) the hreacli; 12) the net-ion recluircul to eura such breach; t3? a datL, not less than thirty days <br />freer the date the natiei; is nailed to Borrower, by which suc•tr brcaeh must be cured. an<i -t`4'} that failure to elate <br />each brcaeh on or before the date specified in the notice may result in acceleraticrtr of the stuns secured by this <br />ilartgage end sale of the Property. If the breach i= not cured on or before fire dale slreeified in the notice, Lender <br />at Lender's option uaay eleclare alI of the suns. secured by this Mortgage to be imrrrediately due and payable <br />without farther demand and may iareclose this Mortgage by judicial proceeding. Lender shall he entitled to collect <br />in ouch proceeding all expenses of foreclo..-ure, inchuhng, hat not Iinrited to, lusts of documentary evidence, <br />abstraat•s grid title reports. <br />I8. Barrowaia Right to Reinstate. tiatwifhsfanding Lender's seceleration of the sum_G secured try this <br />i~Iortga~, Barrawer shall have the right to hate any. proceedings. begun by Lender to enforce this ~Iart~age di€- <br />cuntinued at any time prior to entry- of a judgmeni enforcing-this Mortgage if: tai Borrower pays Lender- all <br />surds wbicfi ~actild he 'then due under this 1lortgaclc, the l~;ota and notes securing Future Advances, if any, -had no <br />aeeel~•atiaa oreurred; (b} Harrower cures a?1 breaches of an~• other covenants yr agreements of Barrawer con- <br />tained is this ~icrtgage; (c} Hormwer pays atI rexsnnable expense-s incurred br Lender in enforcing the covenants <br />and'ag:-sprcients of Borrower contained in this-Mortgage and in evfarring bender's remedies ~ provided in para- <br />g[aph_ I8 leereo., iuciui~ing, but nui limited to; reasanalrle aitrn•neti s fees; and td1 Borrower takes stick aetinn as <br />Lender may revsanalify r..=:rluire to assure that the lien. of iiris Mortgage, Leader's interest in the Prnperfy and <br />Borrower's abligatiatr to ;rev the smnfi secured by this lfortgaGe shall rantinuc ut3impared. L`pon siteh payment- <br />and cure by Barrawer, this Mortgage and the abli~aGoiarrseeured lierebr shalt remain in.-full .force and- eft'ect as if <br />B03CCi.:t^.:~w'an. r.18 G...~~7ed. - - - _ <br />2D. Assigamant of Rents: Appointanent of Receiver; Leadac in Fessoesian. .r.s :edctitinnal security here= <br />urder,$orroR•er .".°rehy assigns to T~nder~tire rents of the Frol>trf~=.. pzatiit;ed that Borrower shall prior-~o acceler< <br />anon undet• parngrafnl8 hereof ar abanrianurent of ifu Property h^r.c the rigire to called r.ad reta_iA ~ueh-i'eA~- <br />as they t~amu dnc and payaeie ' <br />Upon acceleration under paragral>I: 18 hereof or ai>auiiarrren? of the. 1 r~pcry. Lender>in persa, hy_agent <br />er by judicially epFointed receiver sh~li he entitled to enter upon, utke po :e_siav nls~d-niavage=the Property <br />cad to tsslleet the rents of the Property, including thosr~ }ra.st due. A11 rents collcrted by mender- or the receiver <br />shall be a(~pred first. to payment of the eost9 of managel~utai-theFrsrperty anc3 coltecfSon of rents. rnelsding„'.rttt. <br />nt^rt limited ta, #~reiver's fees, trzamiums nri-receiver's-haerd= attd reasairaltle atttorney's -tees, and then to the sums <br />seetrri>d by= tlti _ r~3ortgaee. Lender and the=receiver shall be liable to aceoiint onir for those rents actually rcceiced. <br />