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not extend ar pesfpoac the due ,:9ate o=' the mvtrthl}• ;r,~ht!Jn9+-nts rcicrred to in paragraphs 1 ane'1 ~~ hereof or <br />change the amount of such installrneirts. <br />~ ltq. Brrtrower Nat Released, 1/xtensiorr of the +,ittte for 1>;~yturnt or tnodiFication of atnoMization oC the sums <br />~ secured by this 3ortgage grantz€i b}• Lender to any ~ucressor in interest of Borrower shall not operate to release. <br />,~ in any manner, the liability of the original Borrower and $orrouer's successors in interest. bender shall not be <br />required to commenee proceedings against such successor m• refuse to extend time for payment or otherwise modify <br />j amorti2ation of the sums secured by this .Mortgage be reason of any demand made by the original Borrower and <br />~ Borrower's successors in interest. <br />I°' 11. Forbearaace by Lender Not a Waiver. :1ny forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shssll ,rat be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance m• the payment of taxes or other liens or charges 6y Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of ti:e indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. :111 remedies provided in this \fortgsge are distinct and cumulative to any other <br />right or remedy under thisllartgag€• rn• afforded b}• loll or cquit}•. and may be exercised concurrently, independ- <br />ently or successively. <br />13. Successors and Assigns Bound; point and Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder =hall inure to, the respectiv€~ successors and assigns of Lender <br />and Borrower, subject. to the provisions of paragraph I ~ henof..111 covemants and agreements of Borrower shall <br />be joint and severssl. The captions and headings of the paragraphs of this Mortgage are fur convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. dny not.ici> to Borrower provided for iu this \[ortgsgc shall 1?e ~iyen h}• mailing such notice by <br />certified mail addressed to Borrower at the Ynrperty .ldcb•cs; stated hclvtr. ,~xcepi for ;toy nvtice required under <br />pat•sgraph 18 hereof to be given to Borrower in ehe manner ;>;?scribe,t be applicable late. Any notice provided <br />for in this Mortgage shall he deemed to have been given to Borrower tchen t;icen in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. '!'his form vi mortgage combines uniform covenants <br />For national use and non-uniform covenants with limited caristious by jm•isdiction to constitute a uniform secu- <br />rity instrument covering real property. Phis Mortgage shall br, governed by the law of the jurisdiction in which <br />the Property is located. In the event that :wry 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 provisimu of the ~Iortguge and the Note are declared <br />to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed cagy of this Mortgage at the time of execu- <br />tion or after recordation }tercel. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred by Harrower without I:ender•s prior written consent, excluding (a) the creation of a lien or encum- <br />brance subordinate to this Mortgage, I t?) the creation of a purchase money security interest for household appli- <br />ances, tc) a transfer by devise, descent or by operation of law upon the death at ss joint tenant or id) the grant of <br />any lessehold interest of three years or less-not containing :tn option to punhase, Lender may, at Lender's option, <br />declare all the sums secured b}• this ~Iorigage to he inuurdiateh• due sod payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender un<i the person to wham the Property is to be sold or <br />transferred reach agreerneni in writing that the credit of such person is satisfactvr} to Lender and that the interest <br />payable on the sums secured by this Jortgage shall be at such rate ss Lender .hull request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted ih writing by bender, Lender shall release Borrmver tram all obligations under <br />this Ii3ortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in scaordance <br />with paragraph 14 hereof. ~ucit notice opal[ provide a period of not le'a' th;~u 30 days froth the dste the notice is <br />mailed within which Borrower uric pay the sums declared der. If Borrower tails to pay :uch sums prior to the. <br />expiration at such peri~i. Lender may ,cithout fut•thr>r nviicr w• denntnd un fforrotver, invol:r~ nay remedial per- <br />mitted by paragraph 18 hereof. <br />N~}-E':~r~crn~ i'€?y€-~x~--. I3, rrc=w°e•r nttd L€=ndti>t• inrtht~r c'rx•enattt ttnd ag'ree> n fc+ilott-s: <br />18. Acceleration: Remedies. E:xcrpt us !n•ovidr,i in p;uagral~lt Ii lu•reol. upon Borromer:~ breach of etn}• <br />covenant or agreement of Borrower in this \Im•tgagc, including the coven;uus to , ay tchcu due shy sums secured <br />by this Jortgage, Lender i,rior to sceck•ration shall wail uutice to Borrower as prodded in paragraph l4 hereof <br />specifying: (1) the breach; t2t the action rcrluired to cure such hreacli: i31 a date, not Icss thin thirty davx <br />trom the date the notice is mailed to Burrower. by tvhieh such breach worst he cured; and i•It that fuihu•e to cure <br />such breach on or before the date specified in the notice nary result iu accrhrration of du sums secured by this <br />:Alortgage and sale of the Property. 1t t}re breach is hat cured on or heture the date specified in the notice, Lender <br />at Lender's option utay declare all of the sum- secured by this \-lortgtrgc to he inuncdiatcly due and paytsble <br />without farther demand and tray foreclose this Mnrtgagc by judiriul prorcediug. Lender shall be entitled to collect <br />in such proceeding mll expenses vi farerlo=urc• inchuing, but not limitc<t to, +>oste ot• docunrentar}• evidence, <br />abstracts and title reports. <br />18. Borrowsra Right to Reinstate. \atwrth.htnding i-ender's acceleration itt the ,ants securr~ri by thin <br />Mortgage, Borrower shall have the right to hate an}• proceedings begu,t by bcndty ter enforce thrs \lortgage dis- <br />continued at any time prior to entry of a judgment enfal•cing this \lortgage if: Ini Borrower pays l.endcr all <br />aunts whie6 wouhi be then due under this \lm•tguge, the Note ;,nd notes securing huture :\dr;utcc,>, if am•, irrd uu <br />aecclerat•ion occurred; (b) Borrower cure>s ail hreachc~ of .arc other coycnunts ar :rgrr>ements of 13orrowsr cen- <br />tained in this Mortgage; (cl Borrower pay. rtll reasomrblc expenses incurred by Landr>r in enfm•cing the covenants <br />and agreements of Borrower contained in this \lortgage and in cntorchrg i,cndcr's remedies trs procidcd in para- <br />graph 18 hereof, including, but not limited to, reasonable attorney's lees; and +d+ Borrower hrk€s such action as <br />lender may reasonably require to assure that the lion of this Mortgage, Lender's interest in the Prolxrty and <br />Borrower's obligation to pay the sums secure-d by thi> \lortgage .hall continue uniwpaired. L'pun surlt payment <br />shed cure by Boiro~er, this 141ortgage and tltr abligatiun secured herrbr shaft rctnain in lull force and r•tTect as it• <br />no acceleration had occurred. <br />20. RsmtgAment of Rents; Appointment of Rseeivsr. Leader in Possession. :1s u€lditianal security here- <br />under, Borrower hereby sleighs to Lender the rents of the Propet•ty. provided that Borrower shall: privy hr acceler- <br />ation under paragraph 28 hereof or abandonment of rho Yral?erty, i:avc the right to cvile•ct sad retain sorb rents <br />se they laecome due and payable. <br />Upon acceleration under paragraph lA here<?f ar atrandomnent of the Prol?erty, Lender. in Ire•rsou, by agent <br />or by judicially aQOOinted r®ceiver sh~fl hP entitl~1 tc enter uhnr., tal;€~ ;tos<egk-'tot; at r.--d -nonage the i'rvpcrty <br />and to collect the rents of the Property, including thorn nest due. ,1i1 r€+trt3 c~kl~rtc~1 t+.e~ I.€~;:ilr>: o_r th€= r.=ccivr•r <br />shalt Se applied first to payment of the cuts of nxan_gerrtettt :;f the Yr:?t:erty aocl collect ic;r, of rc,,*.?< ,r.=•lt:~inty;, i,ut <br />not. iintited to, receiver's feev, Pmmiunt> on receiver's hvtr+L and rrasotralth. titittarm•y'~~ fr>c< anti t1,cn to tlrc ~nnt~ <br />seaurexl by this Mortgage. Lender anti the receiver shall be hal>te tv areottttt only for ihusr mnt_. ;rctunllc rrc.•itrd <br />