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not extend or• post.pone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />ill. Borrower Not Released. Ext.ensiou of the time fm- payment or moth:nation of amortization of the sums <br />secured by this Mortgage granted by bender to any successor in interest of Borrotver shall not operate to release, <br />in any manner, the liability of the original Borrotver and Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />atttortization of the scans secured by this Mortgage by reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lander Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable late, s}tail net be a waiter of or preclude the exercise of any right <br />~ or remedy hereunder. The procurement of insurance or the payment ei taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />'~ I2. Remedies Cumulative. All remedies pratided in ibis dart-gage era distinct and r_umulative to any ether <br />right or remedy under this liartgage or afforded by la+t or equity. and ntay be exercised concurrent}y, independ- <br />°"""1 entry or successively. <br />i3. Successors and Assigns $ormd; Joint cad Severat Liability; Captions. The covenants and agreements <br />--'~ herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 1 i hereof. AII covenants and agreements of Borrower shall <br />be joint and several. The captions and headings of the paragrslrh= of ;his Mortgage are for convenience only and <br />~ are not to be used to interpret or define the provisions hereat. <br />14. Notice. Am• notice to Borrower provided for in this lfortgagc shall be git-en by trailing such notice by <br />certified mail addressed to Borrower at the Pronert}- Address stated below. except for any retire required under <br />};aragrap}: I8 hereof to i;c given to I3orrowcr in the manner prescribed by applicable law. Any° notice provided <br />for in this llorigage shall be deemed to hate bean given to Borrower when gim^ in the manner designated herein. <br />l5. Uniform Mortgage; Governing Law; Severability. This form of mongage combines uniform covenants <br />for nations} use and non-uniforni covenants with limited variations by jurisdiction to constitute a uniform seeu- <br />rity instrument covering real property. This Mortgage shat! be governed by the law of the jurisdiction in which <br />the Property is located. In the event that any prevision or clause of this Mortgage ar ibe Note conflicts with <br />applicable law, such conflict shall not affect- other provisions of this Mortgage or the Notc which can be given <br />effect without ti;e conflicting provision. and to this end the provisions of the lortgage and the Note are declared <br />to be severable. <br />16. Borrower"s Copy. Borrower stall be furnished a conformed copy- of this llorigage at the time of execu- <br />tion or after recordation hereof. <br />27. Tzaasfer of the Pzaperty; Assumption. If a}} or any part of the Proaerty or an interest therein is saki <br />or transferred by Borrotver trithout. Lender's prior written consent. excluding tai t}te creation of a lien ar encum- <br />brance subordinate to this Mortgage, (b; the creation of :c pureLaae n,aney security interest far household appl~ <br />coves, (c7 s transfer by d°vise, descent or by operation of l~t+ upon. the death of a joint tenant or (dl the grant of <br />any leasehold interest. of three years or less not containing an option tv purchase, Lender may. at Lender's option, <br />declare all the sums secured by this Mortgage to ite immediately vine and payable. Lender shall have waived such <br />option to accele-ate if, prior to the sale or transfer, Lender stud the perar. to whom the Yroperty is fo be sold or <br />transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the intermit <br />payable on the sums secured by this Mortgage shall be at suet, rate as I-ender slcail request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrott-er•s suece.~or in interest has executed a writ- <br />ten assumption agreement accepted ih writing i;y bender, Lender steal} release Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall rnaii Borrower native of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is <br />mailed within which Borrower tray pay the sums declared clue. If Borrower fails to pay such sums prior to the <br />expiration of such perio~+, Lender may. without ftn•ther notice ar demand on B'orrnwer. invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />:o?v-L`xtr`ox~t CovE~a~TS. Borrotver and Lender further covenant and agree as follows <br />18. Accelezatfon; Remedies. Except as ptovided in paragraph 1 i hereof, upon Borrower's breach of any <br />covenant. or agreement of Borrower in this llot•tgagt•, including the cotenants to pay when due any stints secured <br />by this ltorigage, Lender prior to aceelet^ation shall mail native to Borrotver as prodded in paragraph 14 hereot <br />specifying: (1) the breach; (2} the act}on rcyuirrd to cure such breach; !31 a vier-e. not less than thirty days <br />from the date the notice is trailed to Borrotver. by which sue6 hrene)t must be. curet!; one} (4'I that failure to cure <br />such breach on ar before the date specified in the notice may result }n acceleration of the Burn=_ secured by this <br />'Mortgage and sale of the Propert}•. If the breach is not cured or. or before the date specified in the notice, Lender <br />at Lender's option may declare all of the stuns secured i;y this lortgage to he innnediately due and payable <br />without further demand and tray foreclose this Mortgage by judicial proceeding. Lender shat} he entit.}ed to collect <br />in such proceeding all expenses of foreclosure, including, tent not limited to, costs of documenkary evidence. <br />abstracts and title reports. <br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured b_y thts <br />Mortgage, Borrower shall have the right to hate any proceedings begun by Lender to erforcc this :Mortgage dis- <br />continued at any time prior to entry of a judgment enforcing this ltartgage if: is~ Borrower pays bender si} <br />sums which would be then due under t:nis lfortgagc, the. Note and notes securing Future :Ldvances, if any, had no <br />acceleration occurred; (b) Borrower cures al} hrenehes of any ether covenants or agreements of Borrower can- <br />tained in this Mortgage; {c3 Borrower pays alt reasonable expenses incurred by Lender in enforcing the covenants <br />and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in para- <br />graph IS hereof, ineiucling, but not }invited to, reasonable attorney"s fees: anti td) Borrower takes such action as <br />Lender may reasonably require to .assure that the Tien of this lfortgagc, Lender: interest in the Property and <br />Borrower's obligation to pay the sums secured by this llortg€tge shall coniinut• unimpaired. CTpon such payment <br />and-cure by Borrower, this iVtortgage and the,obligations secured hereby shy}i remain in ful} force and effect as if <br />no acceleration. had occurred. <br />2t1. Ksgigretnent of Roa~,• Aggointmemt of Aeeeivert Lender in Possession. As additional security here- <br />•tutder, Borrower hereby assigns to Lender the rents of the Property. }trocided drat Borrower she!}, prior to acceler- <br />ation under paragraph 18 hereof or.abandanrnent of tflc Property, have the right to collect and retain such rents <br />as they become due and payable. <br />.Upon acceleration under paragraph 18 hereof or ahandanment of the Yroperty. Lender. in person, by agent <br />ar by jadicislly appointed receiver shall- be eittitied to enter .upon, take ~rossession of and manage the Property <br />and to co}lest the rents of tl:e Ftroperty; inelutting tktose past rltte. ail rears collected by Lender or the receiver <br />shall be applied :test to payment of the costs of rnar,agement aS the Pro},erty anti collection of rents. inelu,ling, tent <br />not }invited to, receiver's fees, premiums nn receivers hank and rcasoutblc attorney's feus_ and then to the sums <br />secured by this :ortgage. Lender and the receiver shall he }table to account only tar those rents actually rereit•ed. <br />