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,~.~;_ not extend or postpone the due date of the monthly in~utllmenis t-!rferred to in paragraphs Y and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of auiortiza#ior, of the sums secured by this Mortgage granted by bender to any successor in interest of Horrotver shall not operate fro release, in any !Wanner, the liability of fhe original Borrower aml Borower's successors in interest. Lender shall not be required to commence proceedings against such successor ur refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage b}• reason ai say demand matte by the original Borrower and Borrower's successors in interest. II. Forbeeaanco by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise ariarded by applicable law•, shall net he a wai-rer of or preclude the exercise, of any right er remedy hereunder. The procurement of insurance or flee payment of taxes or other Fiens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided in ti!is \lortgage are distinct and cumulative to any other ~ right or remedy under this Mortgage or afforded he lase or equity, and may 6e exercised concurrently, independ- i entry or successively. ~ 13. Successors and Asrugas Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure eo, the respective successors and assigns of Lender ~ and Barrow•er, subject to the provisions of paragrtplt I" hereoi- -ill covenant: and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs ot- this \lortgage are for convenience only- and ~ are not to be used to interpret or define tt!e provision. 1!ereaf- 1~. Notice. Any notice t-o Borrower provided [ar in this Zortgage shall h~• gi:-en b}- mailing such notice by ~ eeriified mail addressed is Borrower at the Propert} Atidrese stated below, excer?t fm• any notice required under ~ paragraph 18 hereof to be given to Borrower in the manner prescribed b}- applicable law. Anv notice provided for in this \-lortgage shall be deemed to have been given to Bon-awcr when gi:•en in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This iorm of mortgage carabines uniform covenants for natiaual use and non-uniform covenants with limited variations by jurisdietior. to constitute a uniform secu- rity instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event. that any provision or clause of this \iortgsge or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Iv~ote which ran he given effect without the conflicting provision, and to this end tFre provisions of fire Mortgage and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of this \lortgage at the time of execu- tion or after recordation hereof. i7. Transfer of the Properly; Assumption. If all ar env part of the Property or an interest therein is sold or transferred by Borrower without Lender's prim• written consent. excluding is ~ the creation of a 3ien or enetrm- brance subordinate to this vlortgi.ge; ibl the creation of a purchase !Honey security interest Ior household appli- ances, (e} a transfer by devise, descent or by operation of law upon the death cf a joint tenant ar (d} the grant of any leasehold interest of three years or less not containing an option to ptrchase, Lender may, at Lender's opt,•...,, declare ail the sums secured by this Mortgage to be immediately due anri payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph li and if Borrower's successor in interest Iran executed a writ- ten assumption agreement accepted in writing by Lender, Lender shall release Bonawer from sll obligations under this Mortgage and the Note. If Lender exercises sucl! option to accelerate, Lender shall mat! Borrower notice of acceleration in accordance will! paragraph 14 hereof". such notice shall provide a period of not eels than 3Q days from the date the natiee is mailed within which Borrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period. Lender may. without further notice ar demand on Borrower, invoke any remedies per- mitted by paragraph 18 hereof. Nox-I'xtFOSZtz COREIQA1tiTE. Borz•ower and Lender frtrther covenant and agree as follows: IE. Acealezalian; Remedies. Eire;rt ..s prc.iiricri in ;~aragr+Erh lr hereoi, ul:on Borrower's breach of any covenant. or agreement of Borrower in this ~lo:tgxg~•. inchtding fhe covenants to pay when due an}• scans secured by this \lortgage, Lender prior to acceleration stroll !m+ii notice--ta $orrowe>K_aa~rrovided in paragraph 14 hereof specifying: tl) the breach; t2! the action required to cure ;:neh Greach; 131 ~ date, not Ices than thirty days from the data the natiee is u!silett to Rarmw~er- 6}- :chirp such hrearlrt:ws~l~=stti'w and ~4i that failure to cure <uch breach on or before the date specified in the notice uu+}• resuh in acceleration of the sum- secured by this Mortgage and sale of the Pzvpert}•. If the breach ie nut cueed an ar before the date specified in the notice, Lender at Lender's option may declare all of the sums secured ire- tills \lortgage to ire immediately due and payable without further demand anri ma}- foreclose this Mortgngi> Irv judicial proceetling. Lender shall Fee entitled to collect in such proceeding all expense. of foreclosure. including, but not limited to, cost= of docuutentatw• evidence, abstracts and title reports. fl9. Borroweis Right io R®iastate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, $orrowar shalt have the right to have an}~ proceeding: begun by Lender to enforce this \Sortgage dis- continued at any time prior to entry of a judgment. enforcing this \lortgage ii: (a! Borrower pays Lender alt stuns which would be then due under this lortgage, ilre Note and Hates securing Future Advances, if any, had no acceleration occurred; (h} Borrower cures all breaches of any other cavena!Rs or agreements of Borrower con- tained in this Mortgage; (o} Harrower pays all reasonable expenses incurred h}• Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in para- graph I8 hereof, including, but-not limited ta, reasonable attm•nec•s fees; and (d) Borrower takes such action as Lender may rea~nably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's ottlig~#3on to pay the suns secured by Ibis lortgage shat{ continue unimpaired. L?pop such payment and cure by Harrower, this- Mortgage and the obligations secured .hereby shoe} remain in full force and effect as if na acceleration had oactuted. 2dI:- Seaaseni cf Besisr Pi;ir~itment of }lessfaer; Lender irx Passession• As additional security laere- ustder, Harrower hereby assigns to I endei the tents of Elie Property, provided that Borra~rer shall, prior to acceler- 'ation tttider paragraph ~$ hereof or abandanziient of the Property, have the right to collect and retain ouch rents as they become due and payable. Upon acceleration under paragraph 18 hereof al• abandonment of the Property, Lender. in person, by agent or by judicis}ly appointed receiver shalt_be-emit-led to antes upon, take possession o£ and manage the Property and to collect the rents of the: Property; including those past dtte. All rents collected by Lender or t}!e receiver shall be applied-first to payrnent of the eosfs of management of the Property and collection of rents, including, but not limited ta, receiver's foes, premiums an receiver's bond; and reasonable atkor•ney's fees. and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actunlly received.