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riot extend or pastppne the due date of the rttontlily installments referred to in paragraphs 1 and 2 hereof or <br />change the amount o,f such installments. <br />70: $orrower Not Released. Iaxtension of the time trr paynieut or modification of amortisation of the sums <br />scented by tfris Mortgage gran'ted' by Lender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liability of Lire original Harrower and Borrower's successors in interest. Lender shall not be <br />required to eatnmence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage Icy reason of any demand made by the original 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 mmedy <br />hereunder, or otherwise afforded by applicable law, spats not. be a waiver of or preclude the exercise of any right <br />~Pj or remedy hereunder. The procurement of insurance or the lrayment of taxes or other liens or charges by Lender <br />r..r shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />~. 12. Remedies Cumulative. All remedies provided in this \lortgage are distinct and cumulative to any other <br />ri right or remedy under this Mortgage or afforded by lea- or equity, and may be exercised concurrently, independ- <br />,~ entry or successively. <br />~ 13. Successors and Assigns Bound; joint and Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, t.hc respective successor and assigns of Lender <br />i and Borrower, subject to the provisions of paragraph ] i hereof. All covenants and agreements of Borrower shall <br />CI1 ` be joint and several. The captions and headings of khe paragraphs of this \lortgage 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 prodded far in this Mortgage shall he given by mailing such notice by <br />certified trail ssddressed to Borrcicer ut the Yropcrty Address suued below. escrpt far any notice required under <br />paragraph 18 hereof to he given to Borrower in the manner prescribed by applicable law. Any notice provided <br />i 4.his 1nrQen gn .hen lu, nrn7ul to 17 ~, -. linen , , r~> i2 t.;~r~.,~ ;-1/81 <br />for n ~__.. _ . d, c i._ c:- •. , g;~~•n ha the manner designated herein. <br />15. Uailorm Mortgage; Governing Law: Severability. 'Phis form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited vaiat.ions 6y jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. 't'his \lortgage shall tic governed by the law of the jurisdiction in which <br />the Property is located. In the event that any proaision or clause of this \lortgage or the Note conflicts with <br />upplicable law, such contlici shall not sfl'ect other provisions of this \lortgage or the IQote which can be given <br />effeot without the conflicting provision, and to this end the provisions of the \lortgage and the Note are declared <br />to be severable. <br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation }tereof. <br />13. Transfer of the Property; Assumption. If all or am• part of the Property or an interest therein is sold <br />artransferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encum- <br />brance subordinate to this Jio?•tgage, tb) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of lsu• upon the death of a joint tenant or (d) the grant of <br />any leasehold nterest 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 he inuuediakeh• due tout payable. Lender shalt have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold nr <br />transferred reach agreement in writing that- the credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured by this \lortgage 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 a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accatarate, Lender shall mail Borrower nation of acceleration in sceardance <br />with paragrap3; 14 hereof. Bush natico shall Arai°idv a period tzi not stir than 3€3 :.r;ys trotn ti;~ ctaty thv t~rotior is <br />tnailed_witltip wltieh Borrower tray stay the runts declare,{ ,rue. !t Borrower fail. to lrnr• sorb Bruns priar to the <br />expiration of such period, Lepdot may, without furtlu•r notice ur druutnd uu B'orruwer, invoke ant' remedies per- <br />mitk~l by ~aragra~h 18 hert~f. <br />.~~~~te~g~ 4v=cwg~a~~. F3srrotvet• nttd l.eattlt~t• Ytu~thet• c+tve;tttttt atttd tt't•o', us fulhst,• <br />~$; ~rationrr#tri~ct~: Dept u= nrv+-tilc~l .n };ar~t};r:tt,fc 1. fn trot, tti}oft Borrower n , re=+rr. e=t ar=y <br />oovenantgr agreement of Borrower in this llortt;ui~e, including the covenants to pay when ,iuc env runts secun•d <br />by this \lortgage, Lepdcr lorinr to arcrleratiou shall orris nut ice ut Borrows>r ss provided in paragraph l4 hereof <br />speeilying: (11 rho breach; i2? the action required to cure sues: bread:; tat a date. not Ica than thirty days <br />imnt the date the natiee is mailed to Burrowrr, by +vltich ..ntclt 6rcach must be cured; and tot that isihuc to cure <br />such breooh on or before the date specified in the notice uray resole in acceleration of the mus sceurrc! by t}ri:: <br />1l4rtgage and solo of the Property, If the hreadt is not cured on ur before the dstr speci[ic>d in the natico, Lander <br />at l.ander'a_option taay dewlare all of the sums seeure~ii V,y this Mortgage to be immediately due and }sayable <br />without further demand and ma}° fore-clone this Mortgage by judicial proceetling. Lender shill ho entitled to ealleet <br />in such proceeding alt expanses of foreclUSUre, inchuliul;, but nut Ihuited tu, costs ui ducuux•ntary evidcucr, <br />abetraota and title reports. <br />10. )~o~-soWrsr'a RIRM to Rainrtata. Notwithstanding Lender's ucrcleration of the sums secured lay this <br />Mortgage,.8orrewer eltsil have Ute right to have arty proceedings begun i,y Lc~ndcr to enforce this \lortgage dis- <br />continued at any lima priar to entry of a judgment cnfo7•cittg this ~lortgttgc ii: ins Harrower bays bender all <br />sums whioh would be then due under this \lortgage, the Note and rates assuring l: uture Advances. it any, hacl no <br />aeaeloratiau ooaurred: (b) Borrower cures all brcaehes of any other covenants or :rgnti>turnts of Borrower con- <br />tain~l in this Mortga~, {ci Borrower pays alt rt•a:~attat,lc~ +°xtx•ns+=- itiectrt~=,i t,i• Lr°srcirr in onion=ing the roveriattts <br />and agreantants of Aorrawar contafne~i in This Mnetgn};e attd iu cnfnrring leader`s reutcdies a,~ lrravideci in irara- <br />graph 18 hateof, iaeludiag, kaut not Gmitad to, reasonably >tttornry•s fees: and tdl Boreoe•c r takes such action as <br />I.ondor :nay reasonably tequira to assure that the Batt of this \lortgage, lender's interest in the Yraperty anti <br />Borrower's obligation #o pay the sums aeeureti 6y this: Mortgage shall continue: umntpaired, tilwn such lzayment <br />and otu+e by $orrovrer, this Mortgage and tlta obligations secured hereby shall remain in full force and effrct ss if <br />po aecelesration had oeaurrEd. <br />3Q, ~t ~ Rte; Appofnhn•rn~t of Rscaivart Lender in Possession. As ;uiditionai security hert:- <br />under, Borrower hereby assigns to Londer the rnnts of the Pt•4tierty, ptrovideKi that Ilorrou-cr shall, prior to acceler- <br />atiop under paragraph 18 hereof or abandonment of the Frolxrty, htsvc the right to collect and retain such rents <br />as they iiettonae duo and payable. <br />Upoli-aCCeloration etnder paragraph 1& lreteot nr abandonment of the Yropertv, Lender. in },croon. b~- agcut- <br />or by jtrdioially appointed receiver atlas; he entitled to enter ul7an, take possession of stns turcnagc the Yropert}° <br />and to ooilect the rents of the Fteperty, including those past clue. All rents coltected by Lender or the tt>ceiver <br />sltali be applied first to payment of the oosts of tpapagement of the Property anti caiie~-tion of rent,, including, hui <br />not limited to, reoeiver's fees, premiums on reeeirer's Isonds and rrasan+ble ,utmnc}~~• tec~..u«l then to cite auut~ <br />scouted by this &lortgage, bender and ftry receiver shalt ho liable Nr account unk fur than ants achtalh• rccc,crd <br />