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not extend ar postpone the due date of the monthly instnlhnents referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released. 1Jxtension of the time for payment or modification of amortization of the sums <br />secured by this iYlortgage granted 6y bender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liability of the criginai Borrower and Borrower's successors in interest.. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time far payment or othernise modify <br />amortization of the sums secured by ibis \lortgagc by reason of at;y demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Farhearance by Lender Not a Waiver. .4ny forbearance by Lender in exercising any right or remedy <br />hereunder, or othervise afforded by spnlicsble laa•, shall net he a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance er the payment of taxes or other liens or charges by Lender <br />r4 shall not be a w•ai~rer of Lender's right to accelerate the maturit}• of the indebtedness secured by this A'lortgage. <br />"~ i2. Remedies Cumulative. All remedies provided in this Mortgage ere distinct and cumulative to any other <br />+.=: right ar remedy under this )Iortgsge or aCierde,i h}- lave or equity, and pray he exercised concurrently, independ- <br />+~ entry or successively. <br />,~; 13. Successors sad Assigns Bound: Joint sad Several Liability: Captions. The covenants and agreements <br />v,,,. herein contained shall hind, and the rights hereunder =hall inure to, the respcctivc successors and assigns of Lender <br />KA and Borrower, subject to the prevision. of paragraph t7 hereof. All covenants and agreement-s of Borrower shall <br />~>- be joint and several The ralrtions and heading, of the paragrcpir, of this Aortgage arc for convenience only and <br />~ are not to be used to interpret or define the pravision< her~•oi. <br />1$. Notice. An.- notice to Borrower lrra•.-ided far tr, >hi \lartgagehall Ire gi:-en by mailing such notice by <br />certified mail addressed to Borrower st nc~ Yra!>erty Addre•~, stated below. except for any notice required under <br />paragraph 18 hereof to be given to Borrowrr in thr uutnnrr p:rscribed by applicable law. Any notice lrovided <br />for in this Mortgage shah he deemed to have been givt>n to Borrower when given in the manner designated herein. <br />15. Uniform Mortgage: Governing Law; Severahility. 'T'his form of mortgage combines uniform covenants <br />for national use and non-uniform covenant with limited rat iations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. 'I"his \[ortgage shall he governed by the taw of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Alortgage or the Note conflicts with <br />applicable law, such conflict shall not affect ether provisions of this lortgage ar the I~•ote which can be given <br />effect without the conflicting provision, and to This end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />1S. Bozrower's Copy. Borrower shall he Tarnished s conformed copy of this .Mortgage 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 Propertv or an interest Therein is sold <br />ar transferred by Borrower without Ls'nde.*'~ prior written consent. ex~inding (al the creation of a lien or encum- <br />brance subordinate to this Mortgage, i b} the creation of a lrurclrase money securit.;- interest for hausehotd appli- <br />ances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant ox <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 \-Sortgage to he inunediately due and nayable. Lender shaIl have waived such <br />option to accelerate if, prior to the sate or transfer, Lender and the persan to ;vhonr the _'roperty is to be sold or <br />transferred reach agreement in writing that the credit at such person is ;atisfactor}- to Lender and that the interest <br />payable n_n_ the sums secured by this 1lortgage shall be st such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 1 i and it Borrower's successor in interest. has executed a writ- <br />ten assumption agreement accepted ih writing by Lender, Lc nder shall release Barrow•er from all obligations under <br />this 1"Iortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall provide a period of not less than 30 dace from the date the notice i` <br />mailed within which Borrower may pay the sums declared due If Borrower faits to pay such sums prior to the <br />expiration of such period, Lender may. without iutther notice or demand on Borrower, invoke any remedies per- <br />roitted by paragraph IS hereof. <br />Nor-I?tatFOx>t C.=ovsxe~TS. Harrower and Lender fm•ther cotenant. and agree as follows: <br />18. Acceleration; Remedies. );xcept as procideti in paragraph 17 hereof, upon $orrower's breach of any <br />covenant or agreement of Borrower ir. ±his Jiortgagc. including the covenants to pay when due any sums secured <br />b}' this Mortgage, Lender nrior to acceleration slrail mail notice ro Borrawer as provided in paragnaplt 14 hereof <br />specifying: (1) the breach; f2t the action required tv cure such breach; t31 a date, not Ices than thirty days <br />from the date the notice is mailed to Borrawer, he rvhiclr tttc•!; hrcrclt must be eared; and t4) that failure to cure <br />such breach on or before the date specified in the notice may result in aeeeleration of the sums secured 6y this <br />Jlorgage and sale of the Property. If the breach is not eumd on or before the date specified in the notice, Lender <br />at Lender's option may declare ail at the sums secured in• this lortgage to be immediately due zmd payable <br />without further demand and may foreclose this lTartg:tge by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure, inciu<ting, but not limited to. costs of docuurentarr evidence, <br />abstracts and title reports. <br />19. Borrowers Right to Reinstate. Votwithstanding Lender's acceleration of the sums secured by this <br />Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this 3lartgage dis- <br />continued at any time prior to entry of a judgment enforcing this \7ortgage if: tal Borrower pays Lender all <br />sums-which would be then due under this Mortgage, the \ote and notes securing Future Advance., if any, had no <br />aceeferatien occurred; (b} Borrower cures all breaches of am• other covenants or agreements of Borrower con- <br />tained in this ?Mortgage; (e) Borrower pays ail reasonable expenses incurred by Lender in enforcing the covenants <br />and agreements of Borrower contained in this Mort,age end in enforcing I,encier's remedies as provided in para- <br />graph 18 hereof, including, but not limited to, reasonabl€ attorney': fees: and id) Borrower takes such action as <br />Lender may reasonahiy require to assure that the lien of thisllartgage, Lender's interest in the Property and <br />Bornawer's obligation to pay the sums secured by Lhis \Iortgsge shall continue. unimpaired. Upan such payment <br />and-cure by Borrower, this lYlortgage and the abligations secured ]reteby slrsll remain in full force and effect. as if <br />no acceleration had occurred. <br />Z(1. Astrig:xment o! Rorer: Agpaintment of Receiver; Lender in Possessiaa. As additional security here- <br />, under, Borrower hereby assigns Lo Lender the rents of the Property, provid€d that Borrower shall, prior t~~ acceler- <br />ation under paragraph 18 hereof ar sbandoltment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon aeeeleration under paragraph 18 hereof ar abandonment of the Property. Lender, in person, by agent <br />or by judicially appointed receiver shxtl he entitled to enter upon, take possession of and manage the Property <br />and txs collect the rents of the Property, including those. past due. All rents railceted Iroy Lender or the receiver <br />shall be applied first to payment of the casts of management of the Froperty and collection of rents. including, but <br />not, limited ta, receiver's fees, prexaiuprs on receiver's 6on<Is and reasonable attarncy's iees..md thou to the sums <br />secured by this &4artgage. Lender and khe receirorer shall be liable io sccoant only for those rents ac•hrally received. <br />