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not extend or postpone the due date of the monthly instalhucnts referred to in paragraphs 1 and 2 hereof or <br />jam. strange the amount of such installments. <br />ri 18. $orrower Not Released. 'dxtension of the Bute fm- payment or modifieat.ion of amortization of the sums <br />k'*- secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, <br />.~i in any manner, the liability of the original Borrower and Borrotvcr's successors iu interest. Lender shall not be <br />;~ required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />~ amortization of the sums secured by this Mortgage by reason of any demand made by the originaC Borrower and <br />1 Borrower's successors in interest. • <br />~ 11. Forbearmtce by Lender Not a Waivor. Any forbearance by Lender in exercising any right or remedy <br />r hereunder, or othernise afforded by applicable Joey, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the pa}-ment 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 '_~Iortgage. <br />12. Remedies Cumulative. All remedies provided in this \lortgage are distinct and cumulative to any other <br />right or remedy under this ~[ortgage or afforded by late ar equin•. and stay he exercised concurrently, independ- <br />ently or successively. <br />13. Successors sad Assigns Bound; Joint and Several Liability: r'ap6ons. The covenants and agreements <br />herein contained shall bind, and the rights hereunder ehall imtre ta, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 1'r hereof. All coyensnts and agreements of Borrower shall <br />be joint and several. The captions and headings of the paragraphs of this \lortgage are for convenience only and <br />4 are not to be used to interpret or define the provisions hereof- <br />l4. Nofiee. Am• notice to Borrower provided for in this \lortgage shall he given by mailing such notice by <br />eartified mail addressed to Borrower at the Property Address stated belotc, except for any notice required under <br />,paragraph 18 hereof to be given to Borrot+-cr in the manner prescribed b}- applicable Joey. Am- notice provided <br />for in this Mortgage shall he deemed to have been given to Borrca-er when given in the manner designated herein. <br />15. Uniform Mortgage: Governing Law: SeverabiGty. This form of mortgage combines uniform covenants <br />far national use and non-uniform covenants with limited variations be jurisdiction fo constit.ute a unifot•m secu- <br />rity instrument covering real property. This \lortgage 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 this \lortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this \lortgage 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 />IS. Borzowei s Copy. Borrower shall he furnished a contormed copy of this Mortgage at the time of execu- <br />tian 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 />ar transferred by Borrower without Lender's prior written consent, exe]uding (s) the creation of a lien or encum- <br />brance subordinate to this Mortgage, I b i the creation of s purchase mone_r- security intermit for household appli- <br />ances, {c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or {d) the grant of <br />any leasehoM interest of three years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare all the sums secured by this Mortgage to be itnmediateh- due and psyab}e. Lender shall have waived such <br />option ter accelerate if, prior to the sale or transfer. Lender noel the person to whom the Property is to be sold or <br />Gtansferred teach agreement in writing that the credit of such person Ss satisfactory to Lender and that the interest <br />payable oa the sums secured by chic1lortgage shall be at such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and it- Borrower's successor in interest has executed s writ- <br />ten assumption agreement accepted in writing br Lender, Lender shall release Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />is°ith paragraph 14 heteoi. Such notice shall provide a iteriud of not less than 30 days from the date the notice is <br />mailed within which Borrower may pay the sums declared due. If Borrotcer fails to pay itch sums prior to the <br />expiration o£ such period, Lender may, without further notice or demand on Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />\'ba-Z-Sr7FORai (~ovE:yaj•rs. Borrower and Lender furt.lrer cocerrant acrd agree as follows: <br />i8. Acceleration; Remedies. Except as provide+l in paragraph 1 itereoi, upott Borrower`s breach of any <br />cove;rant or agreement of Borrower in this 3lortgagc, including the covenants to pay when iiue any sums secured <br />by this Mortgage, Lender prior to acceleration shall trail notice to Borrower as provides} in paragraph 14 hereof <br />specifying: {1) the breach; 12r fhe action mquireti to rum such 6rcacb; t31 a date. not less than thirty days <br />from the date the notice is nrailetl to Borroter. lry ahicl; such breach roust be cur+a?; and t4 i that tailure to cure <br />such bm~eh on or ltefore the date aperified in the notice ntay result in acceleration of the soots secured by This <br />Mortgage and sate of the Property. If the breach is not cured ore or before tine date specified in the notice, Lender <br />at ,'lender's option may declare all of the sums secured by this \forrgagc to be immrKiiate}y due and payable <br />without fwiher demand and map torerlase this Mortgage by judicial proceeding. bender shall }>c entitled to collect <br />in such proceeding all exp<rtses of force}pure, including. but net liutited te. costs of docuntentan• evidence. <br />aan-tracts and title reports. <br />19. Boerower's Riqht io Reinadate. \otnitlrstsnding Lender': acceleration of the runts secured by this <br />Mortgage Borrower shalt have the right to have any proceetiinga begun by T.endcr to enforcr this Mortgage dis- <br />txru#intted~at env time prior W entry of a judgment enforcing this \lortgage if: :at Borrower pays Lender all <br />sums which would be then due umler this \lortgage, the foie and notes secrtring Future Advances, if any, had no <br />seeeeleratdon occurnd: ib! Botzvwer cures all breaches of any other rorenant- or agreement< of Borrower con- <br />tained in this'.Niaztgage; (e} Borrower pays all reawnabtc expenses incurred by Lender in cn{crying the covenants <br />and sgteemeata O£ Borrower contained in thin Mortgage and in enforcing t.endcr's remedies as provided in para- <br />gtsph i$ hereof, inclttditrg, but rat limited to, ressonalrle attorney'- fees: and :d i Borrower takes such action as <br />I,el9der may reasonably require to assure that the lien of this ~[ortgsge. Lruder's interest ir. the Property and <br />Barmsurs's obligation ko pay the aortas muted by this Mortgage s}rai2 continue unimpaired. I'.pon such payment <br />and cure by $ottower, this Mortgage and the obligations secured hereby shalt remain in fui} force and effect as if <br />no aee~erstion had oeenrresi. <br />!q. Jlasdc~sp! a[Reo~ A>p>p~tmani ed Reeeiv~ Lender in P'osasssion. As additions} security here- <br />under, Barrisvrer hereby assigacs to L~der the rents aS the Property. provided that Borrower shalt, prior to aceeler- <br />• atiAn under paragraph i$ hereof ar abandonment of the Property,. have the right to collect and retain such rents <br />as they become due and payable. <br />ilg~-aceeteration under pat graph 18 hereof ar abandonment of the Yropertp, Iknder, in person, by agent <br />or by pidieislly appointed receiver-shalt he entitled to enter upon, take lwssession of and manage the Property <br />and to collect the rents of the Property, including those past due. all rents collected hp Lender or the receiver <br />shall be applied flrat to payment a{ the costa aPmanagement of the Pro}rertc and rollertior. of rents. including, but <br />not limited to, receiper'a fees, prensiums on receiver's }vends and reasonable attorney's fees. amt then to the: sums <br />secured bytbie Mortgage. Lender-and the receiver shall he liatile ro account onl}• for those rents artaally recei+•ed. <br />