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not extend or postpone the due date of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of such instaihnents. ~' ~1 10: Borrower Nat $eleased. Extension of the time for payment. or modification of amortization of the sums o ~° secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, ~ ~ in any manner, the ]lability of the original Borrower and Borrower's successors in interest. Lender shall not be Qt .~ required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify W ~~ amortization of the sums secured by this Mortgage b}• reason of any demand made by the original Borrower and Borrower's successors in interest. Z^}1 12. Forbeara+±c> by kerzder Not a Waiver. Any forbearance by Lender in exercising any right or remedy ~ hereunder, or otherwise afforded b}- applicable law, shall not 6e a te•aiver of or preclude the exercise of any right or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender s right to accelerate the maturity of the indebtedness secured by this Mortgage. I2. Remedies Cumulative. Ali remedies provided in this Mortgage are distinct and cumulative to any other ~' right or remedy under this Mortgage or afforded by late or equity. and may be exercised concurrently, independ- ently or successSvely. Y 13. Successors and Assigns Bouad; Joist sad Several Liabi&ty; Captions. The covenants and agreements herein contained shall hind, and the rights hereunaer shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 1 ~ hereoi.:'<ll covenants and agreements of Borrower shall ~ be joint and several. The captions and headings of the parsgrsldts of this Mortgage are for convenience only and ~` are not to be used to interpret or define the provisions hereof. t4. Notice. Any notice tc Borrower provided for itt this \lortgage shall be given by maifing such notice by certified mail addressed to Borrower at the Yropert~ address stated below, except for any notice required under paragraph I$ hereof to he given to Borrower in the manner prescribed be alfplieable law. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower when. given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations b}• jurisdiction io constitute a uniform secu- rity instrument covering real propert}•. This ~Iorfgage shall he governed by the ]atv of the jurisdiction in which the Property is located. In the event that anc provision or clause of this Mortgage or the Mote conflicts with applicable law, such conflict shall not affect oi.her provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end t-he provisions of the Mortgage ,and the Note are declared to be severable. Ifi. Borrower"a Copy. Borrower shall be furnished a conformed copy of this :Mortgage at the time of execu- tion or after recordation hereof. 17. Transfer of the Property; Assumption. If alt or anc part of the Property or an interest therein is sold or transferred by Borrower without Lender's prier writ*.en consent, excluding (a) the creation of a lien or encum- brance subardinaie fo this ,llo.i,•age, (b) the creation of s purchase money security interest Sor household appli- ances, (c) a transfer by devise, descent. or by eperatian of law upon t}te death of a joint Tenant or (d) the grant of any Iezsehold interest of Three years or less•not con#aining an option to purchase, Lender may. at Lender's accton, declare all the sums secured by this ortgage to be imm~ediateh- due and 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 ar transferred reach agreement in writing that the credit of such Peron is satisfaetorr to Lender and that the interest payable on the sums secured by this ~iorkgage sha13 be at sucir rate as bender shall request. If Lender has waited the option to accelerate provided in this paragraph 17 and if Borrotr-er•s successor in interest has executed a writ- ten assumption agreement accepted in :vriting by Lender, Lender shall release Borrower from alt obligations under this Mortgage and the Note. It Lender exercises such option to accelerate, Lender shat! mail Borrower notice of acceleration in accordance evitlr paragraph 14 hereof. Such notice shalt provide a period of not less than 3Q days from the dale the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke sn}> remedies per- mitted by paragraph 18 hereof. Nox-I'stFa>;kt C_'avFxn~•rs. Harrower and Lender furi;her covenant. and agree as follows: 18, Acceleration: Remedies. Except tts procirleel in paragraph 77 hereof. upon Borrower`s breach of env covenant or agreement of Borrower in this ~Iortgagc, including else covenants to pay when due any sums recured by this 3ortgage, Lender prior to acceleration shall nt~pil not~tc~~,~~o,~ ow ~ ~roe•ided in paragraph 14 hereof specifying: fl) the breach; t2i the action required ro cure .riuclt=breac~t~~` ~%late, not less than thirty days from the date the notice is nrailecl to Harrower, be it hrcit sued hgeay~t aunst.#rc,~auit~d;,,ancl i4t that failure to cure such breach on or before the date specified in the. notice may result in acceleration of the awns secured by this Mortgage and sale of the Properly. If the breach is not cured ar- or before the date specified in the notice, Lender at Leader's option may declare all of the awns secured by tltis \for•+asQe to be immediately due and payable without further demand and may foreclose this Mortgage bs• judicial laroceeding. Lender shall he entitled to collect in such proceeding ail expenses at fareclosare. including, but not limited to, costs of documentary evidence, abstracts snd title reports. i9. Borrower's Right to Reinstate. tiotwithstsnding I-enders acceleration of the sums secumd by this Mortgage, Borrower shell have the right to have any proceedings begun by Lender to enforce this Mortgage dis- eantinued at any time prior tv entry of a judgment enforcing tltis \lortgage if: tal Borrower pays Lender all sums which would be then due under this \•lortgage. the Note and notes securing Future Advances, if any, had no acceleration occurred; fb) Borrower cures a{1 breaches of any other covenants or agreements of Borrower con- t~insd in this Mortgage; {e) Borrower pays all reasonable expenses incurred be tender in enforcing the covenants and agreements of Borrower contained in this 1lartgage and in enforcing Lender's remedies as provided in para- graph 18 hereof, including, but noL limited ta, reasonable attorney's fee:: and td) Borrower lakes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this \lortgage shall caaiimre unimpaired. Upon such payment and cure by Borm~r, this l;ortgage and the obligations secured hereby sktatl remain in full force and effect as if no acceleration had occurred. ~. Assignment of Bemis: Appofntmenf of Receiver. Lender in Possessioa. As additional. security here- under, Borrower hereby assigns to Lender the rents of Elie Property. provided that Borrower shall, prior to seceler- ation under paragraph i8 hereof or abandonment of the Property, have the right to collect and retain such rents sa they become due and payal;le. Upon acceleration under paragraph` 1$ hereof or abandonment of the Property, Lender, in .person, by agent or by judicially appointed receiver shall he entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and coilectian of rents, including, but. not limited to, receiver's fees, premiwns on receiver's bond= and reasonable attorney's fees, and then to the sums secured by this b'tortgage. Lender and the receiver shall be liable to account only for those rents actually received.