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not extend or postpone tha due date of the monthh installments referred to in paragraphs 7 and 'l hereof or <br />change the amount of such installments. <br />30. Borrower Not Released. Extension of the time for payment ar rnodifrcation of amortization of the sums <br />secured by this Mortgage granted by bender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liability of the original Borrower 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 othernise modify <br />amortisation of the sums secured by this Mortgage Ivy reason of any demand made by the- original Borrawer and <br />Borrower's successors in interest. <br />11, Ptyr~,~-~~~a by 1,=sder Not a WaavQr. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or othernise afforded by applicable law, shall not lie a waiver of or preclude the exercise of any right <br />~ or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges 6y Lender <br />~_^. shall not be a waiter of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />x,;r i2. Rerxiedies Cumulative. All re?nedies provided in this Mortgage are distinct and cumulative to any other <br />~-{ right or remedy under this \fortgagc. a:• atTorderi he lan• or equit}-. and ^tay be exercised concurrently, independ- <br />early or successively. <br />13. 5uccessora and Assigns Bound: Joint and Several Liabilnty; Captions. The covenants and agreements <br />p herein contained shall bind, and the rights hereunder 4hat1 inure to. the respeet.ivc~ successors and assigns of Lender <br />Of and Borrower, subject to the provisions of paragraph 1 ~ hereaf..ali covenants and agreements of Borrower shall <br />~ be joint and se+•eral. The captions and headings of the ]tsragratri?s of this Mortgage are for convenience only and <br />are not to be used to interpret or define the protis?ans hereof. <br />14. Notice. Any notice to Borrower providedt for i^ this Mortgage shall he gicen by mailing sturh notice by <br />certified mail addressed to Borrower at the Propcrtc -~ddres stated below, except for any notice required under <br />paragraph I$ hereof to be given to Harrower in tine u?antter prescrtbcd b}• applicable law-. Anv notice provided <br />for in thisl7ortgage shall Ire deeured to hire Keen given to Borrower when gicen in the manner designated herein. <br />Ib. uniform Mortgage; C:aveming Law; Severability. 'Phis t`arm of mortgage combines uniform covenants <br />for national use and non-unifornr covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. T}*.is ~forkgage shall he gorertied by the law of the jurisdiction in which <br />the Property is laeateci. In the event that any provision or clause of this Mortgage or the Note conflicts with <br />applicable law, such canfiict shall not affect other provisions of this \ior•kgage or the Note which can be g'sven <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the ~TOte are declared <br />to be severable. <br />16. Barrowei s Cogy. Borro++-er shall 6e furnished a 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 Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior +eritien consent, excludir=g E - ; the crcatien of a lien ar encura- <br />branec subordinate to this tifortgaga, .bl the creation of a purchase money security interest fee household appli- <br />ances, (c) a transfer by devise, descent or by operation of law ulwn the death of a joint tenant or id) the grant of <br />any leasehold interest of three years or less not con*-ainirg an option to purchase. Lender may. at Lender's opt7un, <br />declare all t're sums secured by this Mortgage to he irnnrediateh- due an~1 payable. Lender shall have waited such <br />option. to accelerate if, prior to the sale or transfer. Lender and the aerse;. to Fthom the Property is to be sold or <br />transferred reACh agreement in writing that the eretiit of such person is satisfactory to Lender and that 'the interest <br />payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed awrit- <br />tev assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under <br />This Mortgage and the Note. <br />If Lender exercises such option to aeceicrate, Lender shall nwil Eorrower notice of acceleration in accordance <br />with paragraph 14 hereof. a"uclr naticc shall provide a period of not tree than 30 dagc from the date the notice is <br />mailed within which Borrower tray pay the awns declared due. Ii Borrower fails to pay such sums prior to the <br />expiration of such period, Lender :nay, without further notice or ~lervand on Borrower, in+•oke any remedies per- <br />mitted by paragraph 18 hereof. <br />\ox-I'*tFOnat (;ovEVax•rs. Fiot•rawer .tad Leader 2'urtiter covenant and agree ar> follow:;: <br />19. Acceleration; Remedies. Except as prioi<led in paragrapl, 17 hereof, upon Borrower's breach of any <br />covenant or'agreement of Barrozve;• in tits= ~Iortgaec- intruding the covenants to pay when due am- sums secured <br />by this Mortgage, Lender ]rrior to acceleration shalt ruail not ire to Barro+cer as provided in paragraph 14 hereof <br />epec'?fying: t17 the breach: t23 the: action requir<d to cure's>;teh~F3reacl};t`t81 a date. not less than thirty days <br />from the date the notice is u?ailed to Borrower. 6}- ~+'hich such lircacli must be eui-cx•l, anti ~ •I t that failw-e to cure <br />,ueh breach on or befom the date specified in the rtotice may result in acceleration of the sums secured by this <br />rlortgage and sale of the Property. If the breach is rat cured or, or before the date specified in the notice, bender <br />at Lender's option may declare all of the sums securer.{ be this \fortg2o~ to be invnediately due and parable <br />without Further demand and may foreclose this Mortgage by judicial proceeding. Tender shall be entitled to collect <br />in such proceeding all expenses of foreclosure. inclur?ing, but rmt limited to, costs of documentary evidence, <br />abstracts and title reports. <br />19. Bosoweis Right to Reias#ate. \ot++'ithtanding Lender`s acceleration of the sun}s secured by this <br />Mortgage, Borrawer shall hate the right to have ant proceedings begun. by Lender to enforce this 1ortgage dis- <br />continued at any time prior to entry o! a judgment enforcing this Mortgage ii: tar Borrawer pays Lender alt <br />sums which would be then due under ibis \lortgsge. the Note and note. securing Future Advances, if any, had no <br />acceleration occurred; (b) Borrower cures all breaches of any other cotenants or agreements of Earrower con- <br />tained in this h'tortgage; ('e) Borrawer pays all reasonable expenses incurred by Lender in enforcing the cavenants <br />and agreements of Borrower contained in this Mortgage and in enforcing Lender': remedies as provided in para- <br />graph 18 hereof, including, but not. limited to, reasonable atto?•ney's ter..: and td} Borrowe* takes srseh action as <br />Lender may reaeonabty require to assure that the lien of this Mortgage, Lender's interest in the Property and <br />Borrower's obligation to pay 'the sums secured by this Jlartgage :hall continue unimpaired. t?pan such payment <br />and cure by $orrower, this Mortgage-and the obligations secured hereby shall remain in full force and effect as if <br />no aoeeleratian had occurred. <br />20. AsBigament.of Rants; Appoiahrsen# of Receiver; Lender in Possesaian. As additional security here- <br />under, $orrirvrer hereby assigns tc+ Lender the rents of the Propert. ltroridEYl that Borro+ver shall, prior to acceler- <br />' oriole ender paragraph 1$ hereof ar abandonment of the Property, hate the riglit to collect and retain such rents <br />as they become due and payable. <br />IIpon acceleration under paragraph.IS hereof or abandonment of the Property. Lender. in person, by agent <br />or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property <br />and to collect the rents of .tht: Property, including those past due. All rents collected by I.cncier or the receiver <br />shall be applied first to paytnent of the costs of management of i he Propert}- and collection of mats. including, but <br />not limited to, receiver's fens, premiums on receiver's bawls and reasonable uttorne:y's fees. end then to the awns <br />seeured'ay this h'fartgage. Lender and the receiver shat} be hahie to account only for those rents achu+Uy received. <br />