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not extend or postuoue the due date of the nianthh• iustalhr,ents referred to in paragraphs i and 2 hereof or <br />change the amount. of such inskalhnent <br />10. Borrower Not Released. Extension of the time for payment or modification of smortizat.ion of the sums <br />secured by this 3ortgage granted by Lender to any successor in interest of Borrower shall net 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 ar refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage by reasmt of any demand made 6y the origins{ Borrower and <br />Borrower's successors in interest. <br />11. forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable la;v, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance ar the payment of taxes or other liens or charges by Lender <br />shaii net be a waiver of Lender's right: to accelerate the maturity of the indebtedness secured by this Mortgage. <br />~ 12. Remedies Cumulative. Ali remedies provided in this \lrtgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or afforded by lan• m• ~qutty. and ma}• be exercised concurrently, independ- <br />~ entry or successively. <br />13. Successors and Rssigns Bouad; Joint and Several Liability; Captions. The covenants and agreements <br />•~" herein contained shat bind, and the rights hereunde, shall {Wars: to, the respective successors and assigns of Lender <br />--' and Borrower, subject to the provisions of paragraph ]" hereof. All covenants and agreements of Borrower shall <br />be joint and several. The captions and headings of the paragraph. of this Mortgage are for convenience only and <br />~ are not to be used to interpret or define the provisions hereof. <br />~ 14. Notice. Am> notice to Borrower provided for in this _Alortgagc• shall be give^ by mailing such notice by <br />certified mail addressed to Borrower at the Property Addre<~ stated belon, except fm• any notice required under <br />paragraph 18 hereof to be given to Borrower in thc• manner prescribed hr ;.pphcablc law. Any notice provided <br />for in this ~Iori.gage shall he deemed to haco been given *.o Borrower when ;riven in the mannet• designated herein. <br />15. Uaiform Mortgage; Governing Law; Severability. 'I'bis fotn~ of mortgage combines uniform covenants <br />for national use and non-unifom~ covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the Iaw of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with <br />applicable laa•, such conflict shall not affect other provisions of this Mortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the _lortgage and the Note are declared <br />to be severable. <br />I8. Borrower's Copy. Borrower steal! be furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation. Ifereof. <br />17. Yransfer 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 written consent, excluding ial the creation of a lien or encum- <br />brance subordinate to this Mortgage. (hi the creation of a purchase money security interest for household anpli- <br />an.^,es, fc) a transfer by devise, des: eat or 13y ol;eratiati ai is;. open the death o€ is joint tenant or f d) the grant of <br />any leasehold interest of three years or less not eontairing an option to pure'rsse, Lender mac. at Lender's oL~' _ <br />declare all the sums se^ured by this Mortgage to be inunedisteh- due sr~d payable. Lender shall have waived such <br />option to accelerate if, prior to the sale cr transfer, Lender and the peron to ;whom the Property is to be sold or <br />transferred reach agreement in ;uniting that file credit of such person is satisfactory to Lender and than the interest <br />payabie on the sums secured by this _aortgage shaii ife at such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph li and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted ih writing bp• Lender, Lender shall release Borrower from a1i obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in aecordanee <br />wi,,h paragraph 14 hereof. Such notice shall proridc a period of not Less than 30 days from the date the notice is <br />mailed within which Borrower may pay the sums declared due. If Borrower Iails to pay such sums prior to the <br />expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies per- <br />mitted by paragraph IS hereof. <br />\ox-IIhiFOS~t C~OC'F.NA\TS. Borrotti•er and Lender ±urther covenant and agree as follow <br />18. Acceleration: Remedies. Except as provided i^ paragraph 17 hereof, upon Borrower`s breach of any <br />covenant or agreement of Borrower in this ~tof-tRage. including the covenants to pay when eiue any sums serured <br />by this :;Irtgage, Lender prior to acceleration shaii mail notice to Borrower as providod in paragraph 14 hereof <br />specifying: fl} the breach; t21 the action required to curesvelrltrearlirt3) a date. not less than thirtc days <br />from the date the notice is mailed to Borrower. by which such breach must be cured: and i4i that failure to cure <br />such breach on or before the date specified in the notice may f•esutt in acceieTatian`of the sums secured by this <br />:>.4ortgage and sale of the Property. If the breach is not cured oc or iiefore the date specified in the notice, Lender <br />at Lender's option may declare ail of the sums secured by this Mortgage io be immediatety due and payabie <br />without further demand and may ioreciose this Mortgage by judicial proceeding. Lender shaii be entitled to collect <br />in such proceeding all expenses of foreclosure, including, teat not limited to, costs of documentary evidence, <br />abstracts and title teports. <br />1$. Borrower's Righf to Reinstate. \otwitl~standing Lender's acceleration of the sums secured by this <br />Mortgage, Harrower shaii bare the right to have any proceedings tregun by Lender to enforce this 1ortgage dis- <br />continued at any time prior to entry o2 a judanent enfgXeing this Mortgage if: tai Borrower pays Lender all <br />sums which would be then due under this ~tartgage, the Note and notes securing Future Achances, if any, had no <br />acceleration occurred: (b) Borrower cures atI breaches of any other covenants or agreements of Borrower con- <br />tained in this Mortgage; fe) Borrower pays alt reasonable expense- incurred by Lender in enforcing the covenants <br />and agreements of Borrower contained in this _l•fortgage and in enforcing Lender`s remedies as provided in para- <br />graph I$ hereof, including, but not }imited to, reasonable attotney's fees: and td) Borrower lakes such action as <br />Lender may reasonably require to assure that the lien of this ~Iortgagc, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this 1ortgage shaii continue unimpaired. tTpon such payment <br />and cure by Bormwer, this Mortgage and the obligations secured hereby shall remain in full force and effect as if <br />no acceleration had occurred. <br />Z0. Assie~aauat of Reins; Appoiatmeat of Receiver; Lender is Possession As additional security here- <br />tmder,Harrower hereby assigns to Lender the rents of file Property, provided 'that Borrower shall, prior to acceler- <br />.atian under paragraph I$ hereof or abandonment of life Fmperty, have the right to collect and retain such rents <br />as they taecome due and payable: <br />Upon acceleration udder paragraph I$ hereof or abandonment of the Yroperty. Lender, in person, by agent <br />or by judicially appointed receiver shall be entitled to-enter upon, take iwssession of and manage the Property <br />and to collect the rents of the Property, including those past due. All rents cailected by Lenclcr or the receiver <br />shall he applied first to payment. of the costs of management of the Property and collection of rents, including, teat <br />not limited ta, receiver's fees, premiums on receiver'; bands and reasonable attorney's fees. and then to the sums <br />secured by this Mortgage. Lender end the receiver shall be liable to account only for those rents aeiualiy received. <br />