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ntst~exten;d a!r;~~tost,ptane ¢Ihtes due date of taa,,v ttvaraitl,: i -.9 ~...~ r~ ,.rferre~~' fio ,, •rt-+al~rapn~ 1 stud 2 heroaf ar <br />change t'lio ;rrnotant elf such installme~tts <br />10. Borrova^er Not'~Released. I~xtenaioru of thin tuns,: fc+r pwment ar moditfication of a~~mortization of the ~sauns <br />secured lay this Mortgage granted by Lender to anti- succossor in interest of Borrower shall not operate to release, <br />in any manner, the liability of the original Borrower anti Horrawer~ successor= =.n interest. bender shall not be <br />required to commence lroceedings against such successor or refuse to extend time for payment or atherwise modify <br />amortization of the sums secured by this Mortgage by reason of an}• demand made by tho original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance to}• bender in exercising any right or remedy <br />hereunder. or otherwise afforded by spplicsble law. shall not he a wai ~ er of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance er the pavmeni of taxes or other liens or charges by Lerder <br />t:~ shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured b.• this Mortgage. <br />jr 12. Remedies Cumulative. 311 remedies provided in this }lortgage arc distinct and cumulative to any other <br />Cr'j riglit or remedy under this \tortgagt ar afforded b}• lacy or tgnity, and mad- ',e exercised concurrently, indeperd- <br />~ entry ar successively. <br />,~ 19. Successors aad Assigns Bound; Joint and Several Liability; Captions. TL-e covenants and agreements <br />~ herein contained shall bind, and the rights hereunder shah inure to, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall <br />' ~ be joint and several. The captions and headings of the paragraphs of •1}ai,= .`.Lnrt,aae 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 Aortgage shall he ;riven be mailing such notice by <br />certified mail addressed to Bormwer at the Property Address stated below, except im• any notice required under <br />paragraph 18 hereof to be given to Borrower in the manner prescribed by spplicsble 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 />15. Uniform Mortgage; Governing Law: Severability. This fcr. i of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations b}• jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \lortgage shall he governed by the law 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 lau•, such conflict shall not. affect other provisions of this \lortgage or the Note which can be given <br />effeot without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />I6. BoaoweF's Copy. Borrower shall he furnished a contormed copy of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />!7. Transfer of the Property; Assumption. If all or any part of the Property or an interpst therein is sold <br />or transferred by Borrower without Lender's prior written consent. excluding (al the creatiot; of a lien or etreum- <br />brsnce subordinate to this \lortgage, jbi the creation of a purchase money security intereaG for household appli- <br />ances, (,c) a transfer by devise, descent or by operation of late upon the death of a joint teltFSnt.ar (d} the,granCof <br />any leasehold interest of three years or less not containing an option to purchase, Lender mav, at`Iender_rs option; <br />INITIAL declare al! the sums secured by this tilortgage to be immediately due and payable. <br />-~-- t .. <br />t. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. such notice shall 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 tine. If Horrawer fain to psi' swell sums prior to the <br />expiration of swell period, Lender spay. without ftniher native m• demand on Borrower, invoke any remedies per- <br />tnitted by paragraph 18 hereof. <br />Nox-LxtrrorcAt t_.ovF'•ra:-TS, Borrower and Lender t'urthcr eovtjnnnt and agree its follow:;: <br />I6. Aecelezaiion; Remedies. Except ax provide+l in paragraph 17 hereof. upon Borrower's breach of any <br />covenant or agreement of Berrewer in this ~Iortgagc, including tht covenants to pay when due any sums secured <br />by this :tlortgage, Lender prior to uct•elerution shall mail notice t,? Borrower az provided in paragraph 14 hereof <br />specifying: (I) the breach; t2) the action rc,;wired to cure such breach; t31 a date, not lees than thirty days <br />from the date the notice is mailed to Horrotcer, b.• tchich >ucli hrru•h uutst be cured; and 1~4) that failure to cure <br />such breach on or before the date specified in the potter- nuav result in acceleration of the ruins secured by this <br />Mortgage and sale of t-he Propert-y. If the breach is not cured on or befare the date specified in the notice, Lender <br />at Lender's option uuty declare a1i of the aunts secured bF• this \lortgage to bt inunediately due and payable <br />without further demand and may foreclose this 3ortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure. including, but not limited to, costs of docuutentan• evidence, <br />abstracts and title reports. <br />1@. Hoaoweis Sight to Reinstate. ~ottvithshuxiiug Lemier's acceleration of the -stuns scoured by this <br />Mortgage, Borrower shall have the riglit to have any proceedings begun by Lender to enforce this Mortgage dis- <br />continued at any time prior to entry of a judgment tnioroing tl+is \lortgage iL• tai Borrower pays Lender ail <br />stuns which would be then due under this Martgaf;e, the Nate and dotes securint; Future Advttnect, if any, had no <br />acceleration aecureed; (hj Borrower tutee all breathe. of ant- other covenants or =tgreemtnts of Borrower con- <br />tained in this Mortgage; fc) Borrower pays all reasonable expenses incurred h}• Lender in enforcing the covenants <br />and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies :ts proviticd in para- <br />graph i8 hereof, including, but not limited to, reasotiahle attorney's fee,; and idl Harrower takes such action as <br />Lrader may reasonably require to assure that- the lien of this }lortgage, Lender's interest in the Prolx:rty and <br />Borrower's obligation to pay the sums secured by this \Sortga:;e shall continue unimpaired. I.`lu5n such payment <br />sad cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and etlect ss if <br />n0 aCEeleFattOa. had OCCllFFed. <br />2Q. Awn! of Rrafaa Appointment of Receiver; Lender in Possession. :1s additional security here- <br />under, BorFOwer hereby assigns to bonder the rents of the Properly. provided that Borrower shalt, prier to arceier- <br />'atian under paragraph 1$ hereof or abautionntent of the Prolerty, have the right to collect xnd retain such rents <br />as tkey lt~aaotnp due and payable. <br />Lpaa stxeleratron under paragraph 16 nemoi or abandonment of the Propet•ttr, Lender. in izerson, by a(;e=tti <br />car ley ~idieielly appointed re~iver_sltaY Fie eFtti8l~d =„ t=rtor :.tpr~r+, take 170=.~•-a-sio;; of zcnd u:ateag= tl.<~ Prc,perp• <br />apd to collect the rents of tlae Yzoperty, inelucting tiaose past duc..111 t•i-nts coiiectrsf in' i.ender or the lee.=ivtr <br />shall b+~ applied first to psyruent of the earls of tnanagernent of the= 1'ropcrtp anal roilcctian of rco+s. m~: iudin);. Inc <br />pat limit~l te, receiver`s fees, prerntast!'.r; ot; rcu•eit•tr`s_ heed- art+i ~otzs+ataahle sttu+atev`s fee>~ a,mi tl+cu t+~ the ~nu;~ <br />SCaliTed 13y t.lua ~'lart{{8}+,f',. I,ctldrr anti the r4•Ci`a ceC ~hnii 1.,• 'u+1,t? ?+~, :4~~ ttuYtt oz*.1~- 5,~r a1~,ta ra~Nk ~tt•t !ta is rrrrt c`e'~i <br />