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P•--- - <br />,~~, <br />not extend or postpone the due date of the monthly installments referred to i•t paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />l0, Borrower Not Released. Extension of the time for payment. or modification of amortization ot" the sums <br />secured by this _Mortgage granted by Lender to any successor in interest of Harrower shall not operate to release, <br />in any manner, rite liability of tl;e Original Borrower and Borrower's successors in interest. Lender shall not- be <br />required to commence proceedings against sash successor or refuse to extend time for payment nr otherwise modify <br />a*nvrtiaation of the surfns se trod ?+v *Itis liettgage Ly rea.,~n of at:y ds:nand ir.ade by the original Barraasr and <br />Borrower'ssuccesso~ in interest. <br />IL 1 orbeazaase bg Lender Not a Walver. -4riy forbearance b}~ Lender in exercising any right ar remedy <br />hereunder, or otherwise afforded by applicable Saw, shall not he a waiver of or preclude the exercise of any right <br />or remedy hereunder: The procurement of Tnsurarce or fire payment of taxes or other tiers or charges by Lender <br />_~ shall -not be a waiver of Lender's right to accelerate the nraturity of the indebtedness secured by this Mortgage. <br />I2. Remedies CtimutaRve. _ill remedies provided in this Jortgage are distinct and cumulative to any other <br />right ar remedy under this .Mortgage or afforded by Tate or equity, and may be exercised concurrently, Tndepend- <br />e+i entry ar successively. <br />IS. $uacessocs sad iAcsigas Bouad; joint sad Several Liabititp; Captions. The covenants and agreements <br />,•;~ herein contained shall bind, and the rights hereunder shat: inure to, the respective successors and assigns of Lender <br />and Borrower; subject to the provisions of paragraph 17 hereof. All covenantsc and agreements of Borrower shall <br />~ be joint attd several. The captions and headings of the paragraphs of this Mortgage arc for convenience only and <br />h are not to be used to interpret ar define the provisions hereof. <br />14. Notice. Ang• notice to Borrower provided for in this \lor_gage shall he gi~•en by mailing such notice by <br />certified mail addre~ed to Harrower at the Property Address ,fated below, except for any native required under <br />paragraph 18 hereof to be given to Borrotiver in the manner prescribed by applicable law. Any notice provided <br />for in Chic lortgage shall be deemed to have been given to Borrower when given in the meaner designated herein. <br />I5: Uniform Mortgage; C:overaiag Law; Severabiiity. This farnt of mortgage combines uniform covenants <br />for national use and non-uniform envenants with limited variations by jurisdiction to constitute a uniform seen- <br />rity instrtinient covering real property. This Mortgage shall be governed by the Ica- of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of -this Mortgage or the Note conflicts with <br />applicable isw, such conflict shall not affect other. provisions of this llartgage or the Note which can be given <br />eiI'est without the conflicting provision, and to this end the previsions of the Mortgage and the Note are: declared <br />to be severable. <br />I8. Bgzrawer'a Copy. Borrawer shall be furnished a conformed copy of this t"~rtgage at the time of execu- <br />tion or after recordation hereof. <br />!7. Tzaasfer of the Property; Assumption. If all ar any pert of the Property ar an interest therein is sold <br />or transferred by Harrower without Lender's prier written consent, excluding {a) the creation of a lien or enetrm- <br />branae subordinate to 'this &Iortgago, tb) the creation of a purchase money ~sectnity 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 leaxehold interest of three years or less not containing an option to ,,urehase, Lender may, at Lender`s option, <br />declare all the sums securetl l}y-this ?Mortgage +_a be immediately due and payable. Lender shall- have waived. such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to wham the Property is to Ire sold ar <br />transferred reach agreemenC in writing that the credit of-such person is satisfactory iv Lender snd that-the interest <br />payable an the auras secured by this Mortgage snail be at, such rate as Lender shell regnest, If Lender has waived <br />the option to accelerate provided in this paragraph 17 and ii Borrower's successor. in Interest has executed .a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from-alt o6ligatians under,- <br />this Mortgage snd the Note. <br />I# Lender exercises sttcP aprian to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph I4 hereof. Such notice-shall provide a period of not Tess-than 30 days from the date- the notice is <br />mailed within which Horrawer tuay pay the -sums declared due. If Borrawer fails to pay such sums prise to the <br />ex~Tiation of such period, Lender may. tvithaut further notice or rlerttand on Borrowrer, invoke any remedies per- <br />rititted by paragraph ~8 hereof. <br />Lrox-L'+xtFOx.at Co«xw:~zs. Borrower and Lender further ease*.?ant and agroe as folTavvs-: <br />IS. Accelezatioa; Remedies. E:xeept as provided itt paragraph I7 hereof, upon Borrower`s. breech of env <br />covenant ar agreement of Borrower in this Mortgage, inriucting the covenants to pay when due any sums secured <br />by Lhis ,Mortgage, Lender Itrior to accelerataott shalt nutil notice tiq Borrower as provided in paragraph.l4 hereof <br />specifying: fl) the breach; i2) the artian recyuired to et:re sueit breac}i; 43) a date. not less than thirty days <br />from the date the notice is mailed to l3arro~ctr, b}• which sorb Breach tttust. lrc cured; and (41 that failure to cure <br />such breach nn or before the dale specified in the notice may result in acceleration of the sums secured by this <br />nartgage and sale of the Property. If the breach is not cured on or before the date specTFed in ttte notice, Lender <br />at Lender's option may declare all of the sums secured by this ~lvrtgage to be immediately due and payable <br />without further demand and map foreclose this ~fori.gag~ by judicial proceeding. Lender shall be entitled to collect <br />in such proceeding-all expenses of foreclosure, including, but not liutited to, costs of documentary etiddenee, <br />abstracts and titre reports. <br />i9. Borrower`s $ig13t to Reinstate. ~'~otw•ithstanding Lender's acceleration of the sums secured by this <br />Mortgage: Botiower sTtall have the right to have any proceedings begun-by- Lender to enforce this Mortgage-dis- <br />cantinrted at arty-time prior to entry of a judgment enforcing this Mortgage if: }a} Borrower pays Lender alt <br />soma whivh spvutd be then dtie under thss _Llartgage, the 4afe-and rioter securing Future Advances, if any; had na <br />at'eeleratian occurred; (b) Horrower cures ail breaches of env other covenants yr agreements of Harrower con- <br />tairted in this Mortgage: {c) $arrower-pays all reasonable expenses. incurred by I:ender in enforcing the txtvenants <br />` and agreements atBat~awer contained Tnthis btartgage and in enforcing Lender's remedies as provided Trt pars- <br />- =graph 18 hereof, including, but oat limit~ed.to, reasonable attarnev's fees;-and (di Borrower takes such action aL <br />Lender may°reasonairly rec~rsire to zssure that the lien. of this' \tartgage; Lender'G-. interest ni the Property and <br />Borrower's obligattnn to pay the sums secured hp thi:Q 3lorkgsge_ chair continue unimpaired:. Llpan such payment - <br />and cure by Borrower, this 'Mortgage and the obltgat toes secured hereby shalt remeiti in full force aril effect as if <br />no acceleration had occurred. <br />2U. Assignment of Recta: Appaiatmeat: 04 $eceivei; feaifer im Possescian_ :~ additional security here- <br />under, Borrawer hereby assigns to bender the rents of ti~F Proper?..,-, provided the, Boma •er ahaTT,t+rfor tb acenlet- ' <br />pion under harngraph iR 6ereaf or abandonment of fire Property, htrvc *hc right to collect earl rptain`siicli rants <br />as they 6eceme due and payable. <br />Upon acceleration under lwragraph 18 hereof or ahandarment of the Y;aperty, Lender; -in- person, ;Tay agent <br />or b;- judtaiafly appointee} receiver shall he entitled to enter u}ion. take passe=stun of and manage the Yraperty <br />and to c711ect the rents of the Property; including those pack due.-All rents coiTectE~? by j~ender or the receiver <br />' shat! he spptied,.~rst to payment. of t,he_ rests of management of the Ptx,pexty--and collection of rent3, ineitdTng, but <br />not limited tv, zeeeivei's fees, pretpit±nw on rccriver's band:: snd reasonabfe.attarney's fees. and then to the sums <br />secured by this T4lortgage. Lander snd the recei~•cr shall 1x~}ia},le to_seeount only far these rents actually received. <br />