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not extend or postpone the dtte -date of the manthh• installnxsti~ referred to in paragraphs I and 2 hereof or <br />change the amount of such installmewts_ <br />1v. Ia'i}rPtaira6a e of °atsaced T:.x*.ensi!:!n of tf„~ ri,i;~ fm• payment or moth&cction of amortisation of the sums <br />secured by this Morigageigranted by- Lender to anc successor in interest. of $orra++•er shall not- operate to release, <br />in any manner, the Iiabilit.r of the original Borra+vm• anti Borroaer's lucre::5ors in interest. Lender shall not be <br />required to commence provee+tings against such successor or refuse io extend time for payment or otherwise modify <br />amartizatian of the sums secured Lay° t!aia Mortgage !n- reason of any demand made by the original Borrower and <br />Sot,ower's successors izt interest. <br />II. Forbearance by Lender Plat a v+taiver. Any finucar~r,ce by L2ndtr i., ,,.,....,ing a _ right ar sa?*u=dy <br />hereunder, or otherwise afforded by- applicable la+v, shall nut. }ae a waiter ai or preclude the exercise of any right <br />ar remedy hereunder. i`!te procurement of insurance or the payment of taxes ar other liens or charges by Lender <br />sYiali not be a waiter of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />I2: RertsediesCnmutative. Ala renedies provide+} in this; l4aregage are distinct and cumulative to-airy other <br />~rt right ar remedy under this Martgane or atiorrecl by laGr ar ecpuity, sad ntay Lac ~~.-.-cereised c~,ncurrently, indeY..nd- <br />_ entLy or successive}y. <br />~ 13. Successors and Assigns Bound; Ioiat and Several Liability; Captions. The rnvenants and agreements <br />herein contained shall bind, and the rights hereurder s1:a71 inure ta. the respective successors and assigns of Lender <br />and Borrower, subject io the pros•isions of paragralah 17 liereaf..311 covenants and agreements of Borrower shall <br />be joint and severst. 'The captions and headings of the paragraphs ai this \Iartgage are far convonienee only and <br />~ are not to !re used to interpret ar define the pravistaus herna(. <br />f! 14. Nafiee. Any notice to Borrower provided far in this \tartgage shall he given by mailing such notice by <br />certified mail addressed to Borrower at the Yrapem• Addrea stated below, except far anc notice required under <br />paragraph l8 hereof to be given to Borrawcr in tlzc manner prescribed by applicable law. Any Halite provided <br />for in this Mortgage shall be deemed to hate bcett given to Borro++°er when given in the manner designatzd herein. <br />I5. IIs+iform Mortgage; Governing Law; Severability. This farm of mortgage +ombines uniform covenants <br />for national use and non-uniform covenants +vitlt limited variations by jurisdiction to consiituie a uniform secu- <br />city inst.ament covering real property. This Mortgage shall be governed by the la+v of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Mortgage or the Mote convicts with <br />applicable law, such conflict shall not affect other Itroyisions of this \iortgsge or the Note which can be given <br />effect without the conflicting provision, and io this end the pravisiors of the Eortgage snd the Note are declared <br />to be severable. <br />IEi. Bonowez's Gopy. Harrower shall be furnished a conformed copy of this Mortgage at the time of exeeu- <br />Lion or after recordation hereof. <br />I?. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (a1 the creation of a lien or encam- <br />brance subordinate to this Mortgage, (bl the creation of a purchase money security interest for hausehoId appli- <br />ances, (c) a transfer Icy devise, descent or by operation of la++' upon the death of a joint tenaut or (dJ 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 all the sums secured by this Mortgage to be inttrtediaieiy due and payable. bender shall have craivezcl such <br />option to accelerate if, prior to tite sale or transfer, Leader and the peron to s+-hom the Property is to be sold or <br />transferred-reach agreement in writing that the credit of such Peron is satisfactory to Lender and thstthe interest <br />payable an the sums secured by ibis 1~Iortgage slia77 be at suet; rate as Lender shall requESt If Leader- has wai•;cd <br />the option to accelerate provided ~ this pa agraph 17 : d =f Barrayver's successor in interest, hxs exeeutcd a writ- <br />ten assumption agreement accepted tit writing by Lender, Lender shalt release Borrower from ail obligations under <br />this Mortgage and the Note. <br />Tf ? tender e_Yercises such option io accelerate, Lender shall *.uail Borrower notice of acceleration in accordance <br />with paragraph l4 hereof. Such naicc shall prot•i.ie a;teriod of Hat less than 3Q days front the date the notice is <br />mailed within which Harrower may pay the sums declared due. I€ Borrawcr fails to pay such sums prior to the <br />expiration of such period, Lender may, without further notice or demand an Harrower. involve any remedies per- <br />mitted by paragraph I& hereof. <br />1\aN-U*;rFaR:+s C,"ovxz'ra:vxs. Harrower and L ender further covenant and agree a follacvs <br />i$, Acceleration; Remedies. Except as provided in p:tragrapi, 17 hi~reof, upon Borrower :s breach of any <br />covenant or agreement of Borrower in this Mortgage, including the covenants io pay +yhen due any runts secured <br />by this Mortgage, Lender l:riar to aece7eratian shall mat; naticc..taZ;or~~+i•g; ;:~,.{,;ra`•'icted i : pa;uagraph h hereof <br />specifying: (IL the breach; 121 the action required to cure such breach; tat a date, Hat lc3s than thirty days <br />from the date the notice Ss mailed to Borrower, lay u-hich suci~ i>rcaclk anust tx ctued;'aa€1 ±#i that, failure to cure <br />such brehslt an or before the date spedfied in the naticc uiay result in acceleration of the sums scoured by this <br />Mortgage and sale of the Property-. If the breach is Hat cured or. or before the date specified in the notice, Lender <br />at Lender's option may ciecIare ell of the sums scoured by this ~4ortgagc to ire immediately due and payable <br />without furtiher demand and may fo:aciose this Mortgage by judicial proceeding. Lender shall Ile entitled to collect <br />in such proceeding ail expenses of foreclosure, including, but :tot Iimited to, costs ai docmnentary evidence, <br />abstracts and title repotKS. <br />I9, Borsoweis &ght to Reinstate. Natty::=thstanding Lender's acceleration of the sums secured by this <br />Iulartgage, Harrower shall have the right to hayc• any proceedings begun Lay Lender to enforce this Hjlortgage dis- <br />continued at any time p*iar to entn> of a judgment enfaf•cirtg this _lortgage if: (al Harrower pays Lender- alt <br />stmas which would be-then due under this 1lortgsge, the '~;ote and notes securing Future Advances, if any,-had no <br />acceleration occurred; {bj Borrower cures all breaciies of any other covenants or agreements of Horrower atin- <br />tained in this Ivloitgsge, (e} Borrowei pays all reasonable expense; incurred by bender in enforcing the covenants <br />and agreements of Borrower contained is this Mortgage and in enforcing Lender's remedies as provided in Para- <br />grspl: 281ieraaf, including, but Hat Limited to, reasonable stturney's fees; and tdi Borrower takes such action a; <br />I,enrler may reasonably require to azsure that. the Tien of this liortgsge. Lender's interest in the Property and'. <br />13orrtiti~sr's nbiigsiion to pay Ehe sums secured by this'slnrig&.{;e sl;ail continue unimpaired. Upon such payment <br />snd.etire by Birrrosver; this Moztgsige and the gbLigaf toil, ;crated hereby- sLts1L ietnain in full .farce and effect as if <br />no aeceteratianban aeaurred. <br />~v. Asait'•raaant ni Rese}x Apposrrteirent cf Aaceiver; LBnals'r fa Possesacion. 3s_~dditionai security here- <br />- under, 3orrower hereby assigtro taLa;nder the rcnr:~ of the Pro;tea-t~- prai~id$d that Tiorritwer shall, prior to aeceler--- <br />atian ruder paragraph. l8 hereof"ai ab'andnnment of the Property, hate.--the right tE collect snd retain such rents <br />as they' become due-and gayabLe. <br />Ll}wit-acceleration under paagrsp3`i lS har~ot or ,tl,sndc3tinient of the Property, I;ender; in poison, by agent <br />ar liy ' tdieially appointed receiversltati he entitled to enter'upon, take possession of-and manage-the Property <br />,'and fAr ealieot the rents of the. Pt?pperty;, inclttdiug those past due__ ALl rents collected by Lender ar the receiver <br />shall be applied ferstto payment of ttie-costs of ms=nagemettt of ilia Praperty~ and collection of rents, inr.hzcling, but <br />not limited to; receiver's fees, pretniunss on receiver';,-ponds -and reasonable attorney's fees. and titer to the sums <br />secured by this Mortgage. Lender and- the rtMeiver shalt be liable ko account only far those rents aetuaiiy rcce.ived. <br />