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~ ~ not eztetad ai 1,>as~tpartr the aloe date of tha =.nortsro Lt st<s~l a:c.:V~ r•cferred to sir: rr~aralgraph~; I and 2' ira>reof or <br />change the ~taraount of ».tela nstalime,?ts. <br />~. .; io. I~orzwruwer Not Releaur,E*d. I:xtensir,;ar of the *ra ae fr+r }ry~-t:.~nt or mipdifies*iat; n.f arnartisation of tha: sums <br />secured bey thus Isiortt,arge granted br; i.er ler to anti r,.trscessor in interest ,>; Bnr*az:E er eltall nest operate to reiear~, <br />~ ~ in any tu'vatnnt,z+; rite ]iabilitc of the original Borro e• anti Bo~t•osa~er: -ucrF~9or. ir+ ;nteres{. bender shall not be <br />requited io commence proceedings against such successor or nevus<: to extend time for payment ar atlzerwise modify <br />amortiaation of the sums secured by this Mortgage by rezson of sna• demand made bi- the original Harrower and <br />.~ Borrower's successors in interest. <br />lt. F~ba,aa?nce by Leader Not a Waiver. :any forbearance by Lender in exercisir:g any right or remedy <br />~ hereunder, or otherwise afforded by al>nlicable law, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the pa3•ment ai taxes ar other liens or charges by bender <br />~ shall noL be a waiver o3 Lender's right to accelerate the maturity of the indebtedness secured by this Vlortgsge. <br />22. Remedies Csrmulative. :III remedies provided in this Mortgage are distinct and cumulati^e to any other <br />i. right or remedy trader ti;is Mortgage or afforded hr Isrc ar r~quity-. and may be exercised concurrently, independ- <br />€E ~ entry ar successively. <br />13. Successors ®d Aasigas Bauad; #aiat and Severest Liability; Captions. The covenants snd agreements <br />herein contained shall bind, and the rights hereunder shalE !turns ta, the respective successors and assigns of Lender <br />-- :~nd_Borrower, Fuhiect to the provisions of paragraph 17 hereof. ~l1 covenants and agreements of Borrower shall <br />be joint and several. The captions and i,eadings of the pscagar]~Izs ~; ;.;; ::1:;r2ga~e a., .__ _on:vniencg nnlLand <br />- ate not to be used to interpret or define the provisions hereof. m jnr r <br />14. Notice. Ape notice to Borrower provided for in this Mortgage shall be given bp• mailing such notice by <br />certified mail addressed to Borrower at iht• Property .-lddress stated beioz:~, except for an}• nonce required under <br />€ '. paragraph 18 hereof fo be given to Borrower in the manner prescrii;ed by applicable ia:v. Anc notice provided <br />for in this iforigage shall be deemed to !rave been given to Bon•ower :Then given in the manner designated herein. <br />15. Uni#orm Mortgage; Governing Law; Severability. 'Chia form of nzottgage combines uniform covenants <br />for national use and non-uniform covenants with limned variations b}• jurisdiction to cmzstitute a uniform secu- <br />rity instrument covering real property. Thu \Ia•tgage shall be governed t;y the law of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of ibis Mortgage or the IQote conflicts with <br />applicable Iaa•, such conflict shall not• affect other ]zrovisions of this Mortgage or the \ote 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 />to be severable. <br />16. Borzower's Copy. Borrower shall be furnuhed a caniormed copy of this ~Iartgsge at the time of execu- <br />tion or after recordation hereof. <br />- 17. 7raasfer o! the Property; Assumption. If all or amp part of the Property or an interest therein is sold <br />- or transferred by Borrower without Lender's prior written consent. excluding ca! the creation of a lien or encum- <br />brance subordinate to this \lortgage, (bl the creation of a purchase money security interest 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 leasehold interest of three years or lea's not containing an option, to purchase. Lender mac. at Lender's option, <br />''~, s declare all the sums secured by this Mortgage to be inm;ediateh• due snd payable. <br />t .. <br />- t - _ - <br />, <br />r <br />-- t' <br />- I# Lender exercises such option to accelerate, Lender shall !usil Borrower notice of acceleration in accordance <br />- with paragraph 14 hereof- Such notice shall I.ro:•ide a period of pat lc~-s than 3Q days from the dale 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 iut•ther notice or riemand on Harrower, invoke any remedies per- <br />- mitred by paragraph 18 hereof. <br />- :~o>v-Lixrz~oa~:ir COYFNATTS. Borro:ver xnd Lender £urther covenant. and ag•re~ as foll!tws: <br />ll?. Acceleration; Remedies. Except as provided-in paragr:q>Ir 1'i hereof, upon Borrower's breach of an}° <br />covenant or agreement of Borrower in this Ztortgagc, including the covenants to pay when due :tny stuns secured <br />by this Mortgage, Lender prior to acceleration slialf mail notice to Borrower as provided in paragraph I4 hereof <br />specifying: f1) the breach; t21 the action required to cure such breach; t3) a dote, not Icss than thirty days <br />from the date the notice is mailed to Bm~ro:ver, b}• zr•hich such hreacb must br cured; and t4a that f;zilure to cure <br />such breach on or before the date specified is the notice may result in acceleration of the stuns secumd by this <br />~~Iortgage and sale of the Property. If the breach is not cured otn or he--fore the date specified in the rwtice, Lender <br />at Lender's option may declare all of the sums set•ured I>y this \~Iort-gage to be immediutcly due and payable <br />without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure. including, hat no! limited to. costs of docuuneutary evidence, <br />abstracts and title reports. <br />I9. Borrowaia Right !o Reinstate. NotK•ithstnndmg Lender's ucceleratiau of the aunts scoured by t-his <br />Mortgage, Borrower shall have the right to hate any proceedings begun la.• Lender to enforce this \lortgage tiis- <br />continued at any time prior to entry of a judgment enfol•cing this Jlortgagc if: tai Borrower pays Lender all <br />3 sums which would be then due under this Mortgage. the Note and notes securing Future A<h•unces, if any, had no <br />acceleration occurred; (k>) Borrower cures all breaches of au}• other roccnants m• agreements of Borrower con- <br />- _ rained in-this i43artgage; (c) Borrower pays ail r•easonabk• expenses incrurrcd by Tender in enforcing the covenants <br />- and agreetnenG3 of Borrower contained in this \lortgage and iu enforcing Lender's remedies as provided in purn- <br />-j graph 18 hereof, including, but not limited to, t•easonsble attorney's fees; and td i Borrower taker; such action us <br />Lender-may reasonably require to assure that the lien of this Mortgage, Lender`s interest iu the Property and <br />Borrower's obligation to pay the sums secured by this Sortgage ,hall continue unimpaired. L?pop such payment <br />and etrrre by Bwmwer, this 111ortgage and the obligations secured .hereby shall remain in ful! force and effect as if <br />no acceleration-had occurred. <br />~. Asaaignmaat o! Rants; Appointmasai of Receiver; Lender in Possession as additional securit.v here- <br />- under, Borrower hereby assigns to Le»d?r. Elie rents of the Property, proriderl that Borrozcer shall, prior to acceler- <br />atwn under paragraph 18 hereof or abandonment of the Prolxrty, have the right to collect and retain sorb rents <br />as they become due and payable. <br />Lt~n eleratian zrtrder paragraph 18 hereof or abandonment of the Property. Tinder, in izerson, b}' agent <br />or by jnitieially appointed receiver-shall he entitled to enter upon, take possrssian of and manage ih,• Yrolzeriy <br />and to collect the rents of the Property, including Those past due. ill rents- rallected by bender or the receiver <br />shall be applied first to payment of the costs of management of the Property and co!Icction :;f reri~ mcl:rditag, i;ut <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees. nand then to the sums <br />secured bg this i4lortgage. Tender and the receiver shall be liabic to account onl}• for those rer;ts acutnily recai~•ed. <br />