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r-- <br />_( <br />~,. { <br />' Wert rastri~r4d or lwartlfxir~ Y.he dt~ sla~.e al' clef ;n~ta:~tia}~ ~r~tail(a3:>rti= rreferev~! to ~iir. pszzg~rap~s i ~arad 2 f oz <br />+-h,ange else amount of suclu installn~~ta <br />1fY. Bozrov-ar ltilot Released- F,xter:sian of the ?,.re for ;~azn,ter;t o- ;nodifi~tia , of amart+satiar, of the sterns <br />secured by chi: llar~age granted Ly t~....fer to _ ~ ;,., --~;......,ter~t of B~rrc~ _- - sli ro=, ope;•ate to release, <br />ire anp manner, the liability of the original L+,=rawrr anti Bcrrowcr's successors in interest. Lender shad not be <br />required to rommtnce praeetdiags against such successor or ref ~~ to extend time for payment or otherwise modify <br />amortiastion of the sums secured by this lortgage lay reason of any demand made b}• the original Bono-.rte and <br />Borrower's sueeesaors in interest. <br />il. Fa:bsozoace by Lender Nat a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, ar otherwise afforded by applicable law, shall not be s xsiver of or preclude the exercise of any right <br />~ oz remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />~v. shall not be a waiver of Lender's right Lo accelerate the maturity of the indebtedness secured by this ?4fortgage. <br />13. Remedies Cumulative. 311 remedies provided in this Mortgage are distinct and cumulative to any other <br />~.. right or remedy under this Mortgage or afforded lxy law or erluity, and :r~a_v lee exercised concurrently, independ- <br /><-, curly ar successively. <br />v 23. Razeteeaors mmd Assigns Bauad; joist mmd Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rsghts hereunder shall inure to, Ll:~ respective sueressors and assigns of Leader <br />and Borrower, subject to the provisions of paragraph 1 i hereof. All covenants and agreements of Borrower shall <br />~ be joint and several. The captions and headings of the paragraphs of this \iartgage 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 \lortgsge shall be given by mailing such notice by <br />certified mail addressed to Borrower at the Property Address stated below, except for any notice required under <br />paragraph 1$ hereof to be given to Borrower in the manner prescribed by applicable law. Any notice provided <br />for in this Mortgage shall be deemed to have been given to Borrower when given in the manner designated herein. <br />1&. Uaifozra Mortg¢ge; Goveminq Law; Severability. This form of mortgage combines uniform covenants <br />far national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. Thss _riortg,~ge shall l;c• governed by the law of the jurisdiction in which <br />the Property is located. In the event that any pravisien or clause of this DfarLgage or the Note conflicts with <br />applicable law, 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 Mortgage and the Note are declared <br />tv be screiab#e. <br />16. Borrower"s Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- <br />tion ar after recordation hereof. <br />17, traas(ez of the Property; Assumption. If all or any part of the Property or an interest therein u sold <br />or transferred by Barnower without Lender's prior written consent, excluding (s) the creation of a lien or encum- <br />brance subordiaste to this Mortgage, (b) the creation of a purchase money sectrity interest for household appli- <br />aaees, fc) a transfer by devise, descent or by operation of law upon the death of a joint tenant or {d) the, grant of <br />any leasehold 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 immediately due and payable. <br /> <br />IS header exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accurdaace <br />with paragraph 14 hereof. Such notice shalt provide 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 fails 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 />ruittad by paragraph 18 hereof- <br />l~o~-ifr:r~artar Cav€Rax~. $arra•,:er and F.endet• fur-tlter covenant anir agree as follows: <br />16. Aeeeleration; Remedies. Except ss provided in paragraph i7 hereof, upon Borrower's breach of any <br />covenant or agreement of $orrower in this Mortgage, including the covenants to pay when due any sums secured <br />by this ~iortgsge, Lender prior to acceleration shall mail notice to Borrower ss provided in paragraph 14 hereof <br />specifyirg: (1l the breach; (2) the action required to cure such breach; (3) a date, not less than thirty days <br />from the date the notice is mailed to Borrower, b}• which such breach must be cured; and (4) that failure to cure <br />such breach on or before the date specified in the notice may result in acceleration of the sums secured by this <br />Mortgage and sale of the Property. If the breach is not cured on or before the date specified in the notice, Lender <br />at Leader's option may declare all of the swuc secured by this Mortgage to he immediately due and payable <br />without ir:rther demand and may foreclose this Mortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure, including, but not liarited to, costs of dceumentary evidence, <br />abstracts and title reports. <br />19. Basrower'a Right to Reinat¢te. Notwithstanding Lender's acceleration of the sums secured by this <br />Mortgage, Borrower shall have the right to have any proceedings begun by Lender to eniorm this hortgage dis- <br />continued at bay time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Leader all <br />sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no <br />acceleration occurred; (b} Borrower cures all breaches of any other covenants or agreements of Borrower con- <br />tained is this Mortgage; (c) Borrower paps ail reasonable expenses incurred by bender in enforcing the covenanfs <br />sad agreements of Borrower contained in this Mortgage and iu enforcing Lender's remedies as provided in para- <br />graph 18 hereof, including, but not limited to, reasonable attorney's fees; and fd) Borrower takes such action as <br />Lem may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and <br />Borrowerk nbligstian to pay the sums wowed by this Mortgage shall continue unimpaired. Upon such payment <br />and etas by Borrower, this Mortgage and the obligations secured hereby shall remain in ful! force and effect as if <br />no scealerat had occurred. <br />~. li~igamea! of Rester Appohtfineat of Receives; Landes #n Pasaeaaioa As additional security here- <br />tmder,Borrower hereby assigns to Deader the rents of the Property. provided that Borrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />sa they beasme due and payable. <br />Upon actsrleration under l>aragtsph 18 hereof or abandonment of the Property, Lender. in person, by agent <br />or by judicially appointed receiver s'~sii be entitled to enter upon, take possession of and manage the Property <br />and tq colket the rents of the Property,in~luding those past due. All rents collected by Lender or the receiver <br />shall be applied first to payn~nt of the spats of management of the Property and collection of rents, including, but <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums <br />secured by this Mortgage. Lender and the receiver shall he liable to account only for those rents actualh• receis•ed. <br />