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not extend or postpone the due date of the montl+Iy instalhuents referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />1Q. Boxrower Not Released. Extension of the time for payment or modification of amortization of the sums <br />secured by this illortgage granted by bender to any successor in interest of Borrower shall not operaie to release, <br />in any manner, the liability of tl,e anginal Borrower and Borrower'; successors in interest. Lender shall not be <br />required to eammence proceedings against such successor or refuse Lo extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage by reason of an}- demand made by the original Borrower and <br />Borrower's successors in interest. , <br />II. Forbearance by Lender Not a Waiver. Aay forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be 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 by Lender <br />~ shall not be a waiver of Lender's right. to accelerate the maturity of the indebtedness secured by this Mortgage. <br />~ Ig. Remedies Cumulative. All remed;~s provided in this \lortgage are distinct and cumulative to any other <br />~ -right ar remedy under this \lortgage or afforded by ]ate or equity. and may he exercised concurrently, independ- <br />ently or sueeessirely. <br />13. Successors and Assigns Bound; Joist and Several Liahilitya 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 />t\ and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt <br />be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. -Any notice to Borrower provided for in this ~Iortgagc shall be given b}• mailing such notice by <br />certified mail addressed to Borrower at the Property Address stated below, except for any notice required under <br />paragraph IS hereof to be given fa Borrower ir. the manner. prescribed be applicable laa~. Any notice provided <br />for in this _lfortgage shall he deemed to have been gic•en to Borrower when given in the manner designated herein. <br />25. Urufonn Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants <br />for national use and non-uniform covenA^*s with limned yaristions by jurisdiction to eonstttute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the late of the jurisdiction in which <br />the Property is located. In the event That any provision or clause of ibis Mortgage or the Mote conflicts with <br />,lartgag~ o° the No,w ,~.h;eh ..o., >~ ' <br />applicable law, such convict shall not sneer other Prot°isions of t.t,s _. _ .. ~~~= gt'-'°-^• <br />effect without. the confiicting provision, and to this end the provisions of the Jlortgage and the Vote are declared <br />to be severable. <br />1& Borrower's Copy. Borrower shaIl be furnished a conformed copy of this \lortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Tros~er of the Property; Assumption. if all or anc part of the Property or an interest therein is sold <br />or transferred by Borro~•er without Lender's prior written consent, excluding {s i the creation of s lien or encum- <br />brance subordinate to this \lortgage, tb} GSe creation of a purchase money security intet~t for household appli- <br />ances, (c) a transfer by devise, descent or by operation of late upon the death of a joint tenant or {d) the grant of <br />any leasehold interest of three years or Iess not containing sn option to purchase. Lender may. at, Lender's option, <br />declare all the stmas secured 6y this itilorigage to be immediately due end payable. Lender shall have waived such <br />optatn to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or <br />transferred reach agreement in tirriiing that the credit of soil, per-or, is satisfactorc to Lender and that the interest. <br />payable ort the sums secured by this Mortgage shall 6c at such rite as Lender shall request. It' Lender has waived <br />the option to accelerate provided in this paragraph 1. end it Borrower: successor in interest has executed a writ- <br />ten assttmpiion agreement accepted in writing by 1~nder. Linder shall releavce Borrower from all obligations under <br />this Merrtigage and tIre Note. <br />?1 Lender exercises such option to accelerate, Lender shall snail Borrower notice of acceleration in accordance <br />with paragraph l4 hereoi_ Such notice shall provide a period of not less than ~ days from the date the notice is <br />mailed within which Borrower mac pay the aunts declared duc•. If Borma'er Ssi}s to pay such sums prior to the <br />expiration of such period, Lender rose, n-ithaut fvnlter notice or <iemanil on Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />lore-I'.sitrottx Covsxes•rs. Borrower and Lender further covenant and agree a, foltoti, <br />;$. a~eralioa; Remedies Except a.; 1',rayi,kvi in psragral,l, 17 hercot, ulwn Borrower`s brnseh of any <br />coveasnt or agreement of Borrower in this ~Iartgagr, including the covenants to pay when due any sums secuteti <br />by this ?lortgage, Lender prior to screlerstion shall mail nOUtt to Borrower as I~*ao'ideci in paragraph 14 hereof <br />specifying: I,1"1 fire breach: t2t the action requiredi to cum such 1:reach: +31 a date, not Iess than thirty days <br />irom the dale the nonce. L mailed to Borraa'er. 1,y nltic'h st,rl, bmaclt ,oust be ru:'cd: Anil +;+ that failure to cure <br />such breach on or befom tLe date specified in the notice ntac result in acceleration of the souls secured by this <br />Zlctrtgage and saw of the Property. If the breach ys not cured on or before the daze specified in the notice, Lender <br />at Lender's option mac declare all of ti3e runts secured b}• tlsis ~lortgagc to Iu inunediateiy due and payable <br />t,:'rtlztritx iutther•demancl an:3 :nay forerltsse ih 3longage b}• judicial proceeding. Lender shall €te entitled to collect <br />in such proceeding all ex}.•enses of foreclosure, inclu,ing, but naf Limited to, costs of docuuientan• evidence, <br />abstsac#s sad title reports. <br />I9. 16oaaowrrr=s flight to ire. \otx•itiutanding Lenders acceleration of thr gums secured by this <br />Jitortsge, Bcarawer shall have the right to have any proceeding: begun by bender to enforce this \lortgage dis- <br />ett~iaued st any tis~ pri6r to entry of s judgment enforcing this ]lortgage if: iai Borrower pays IRnder all <br />aims wit world be td~a doss under this Mortgage. ilte Fate and notes securing Future Advaner_~, if any, had no <br />otxitrned; b9 Borrower cute-s all broaches of any other eoycnants ar agrmmenis of Borrower con- <br />taisdsd in this >fdertgage; {c) Borrower pays all reasonable exltense~ ineurn•tf by Lender in enforcing the covenants <br />arrtl e# Botzearter eortta'srted in this Aortgage and iu eniorcing Lender 5 remedies as provided in para- <br />>~ 1$ hereof, irulirding, brit not limited to, reasonable attomoy's fee=: and +d t Borrower takes such action as <br />i,easiar rosy ressoatabiy regttire to assure that the lien of this \lortgage. Lender's interest in the Property and <br />~a ~ to pap ibe sums see-cared by this Mortgage ;hail continue unimpaired. L'lwn such payment <br />end by $mq~arer, t3a~ Ji:itnt~e aAd ~ obligatit~ Feeured hemb}' =hall remait: in full force and effect as if <br />ear a had occurred. <br />~ ,~- ~pqt od ~~; ~ pbs,:e~on. As additional security here- <br />,~ua+owes`y s to ~ei• the rants of fhe Property. prof ided that Borrower shall, prior to acceler- <br />• ,wtiss~-ice psi lgl~of-or aitamdnnn>ettt of the Properly, Itave the right to collect and retain such rents <br />as §ads~ue dae and psysb~. <br />UpaR:~ render' patagxapb 1$ hereof or abandonment of the Property. Lender. in l,ersan, by agent <br />~ bg_' ilv_ smte_ _d- receiver_1 he e~itied to enter upon, take possession of and manage rho Property <br />and tai celled the rents of the Property, inehtdir~ those past due.-All rents collected by Ixnder or the nsceiver <br />eball be applied $rat to payment of the t'txF~ of maaagement of the Property and collection of rents, including, but <br />vat lipsitetl to, river's fps, lx~rniums on rtxeiver's bond= and reasonable attorney's fees. and then to the sums <br />eeettrwd by this Mott age. Lender and the receiver shall be liable to amount only for those rents sctunll}• reccivr,I. <br />