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'not extends r'rt° iluvir~etlN-,rne t-toe title d2tt.~e ~rf tier usu.aratisl} .+„ tl'ratuFt _r .e•Yr.rtr!i tirj Goa l.•airag;raph~r i and 2 kyereof ar <br />change elks a!unotrnt of st.tt h i!nstallrna ~~ts.. <br />lt).. Rori'owerNot Reldased. I^xtension of t!he tiutur> far tAa,.Tn;ert or tnt~di;fua°at?crr¢ rsf arnort.ixatSon of the Burns <br />sc~cui^ed fry; tlhis '~,3b'inrtgagc graniesi tt}' Lender to a3n}• t¢tri^tssor ~9n intertsfl: r;irf $~orrnwr,r ~~sl!aa11 clot operate try release, <br />in fart' rnienner,'the lialsili~ty of tttc crorigirral Bou~rower a~~ad Bvtrower~„ is~u>rwssiorcs in ~imr~t~eirzs~t. Le,ntler shall not 'be <br />~` required to commence proceedings against. such successor or refuse to extend time for pa}•ment or otherwise modify <br />amortization of the sums secured try this Morigage ire reasar: o= an=: demanr+ merle by ttre vrigina? Borrower and <br />~-•-! Borrower's successors in interest. <br />'.>2 11. Forbeararnce by Lender Not a Waiver, Any forbearance by Lender in exercising any right or remedy <br />~ hereunder, or otherwise afforded by applicable law, shall not tee a waiver of or preclude the exercise of any right <br />~ or remedy hereunder. The procurement of insurance or fire pa}•meat of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this 1S3ortgage. <br />1 12. Remedies Cumulative. Ail remedies provided in this Mortgage are distinct and cumulative to any other <br />~ right ar remedy under this \iortgage or afforded by law m• cyuitc. and may br• exercised concurrently, independ- <br />~ entry or successively. <br />I3. Successors and Assigns Horsed; Joint and Several Liability; Captions. The cotenants and agreements <br />herein contained shall bind, and the rights hereunder shat! inure to. the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 17 Irerenf. All covenants and agreements of Borrower shall <br />- be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience cn[y and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. Any notice *.o Borrower provided for in this .Mortgage shall br gicen 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 IS hereof to be given to Borrower in the manner prose. ibed by applicable law. An}- notice provided <br />for in this 3lartgage shall he deemed to have been gicen to Borrower n-hen gicen in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. "1`his form of mortgage combines uniform covenants <br />for national use and non-uniforru covenants with iimitect +ariations fry jurisdiction io consiitute a uniform secu- <br />rity instrument covering real property. This \Iort.gage shall be governed by the law of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Mortgage 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 />to be severable. <br />15. 3aro;rer's Logy. Borrower shill br furnhed a conformed coot' of this Mortgage st the time of execu- <br />tion or after recordation. hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Propert}• or sn interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding tat the creation of a lien or encum- <br />brance subordinate to this Mortgage. tb) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of lan• upon the death of a joint tenant or id) 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 />d~lare all the sums secured by this *4or?gage to be im:rcdiatcly due and payable. Lender sh aft have waived such <br />option to accelerate if, prior to the :.ale or transfer, Lender and the pr-!•:un to a•hnn, the Propert.v is t3 be sold or <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. li Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borro+ver•s successor in interest has executed a writ- <br />ten assumption agreement accepted id writing by Lender, Lender shall release Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall trail Horrower notice of acceleration in accordance <br />with paragraph 14 hereof. finch notice shall provide a period of not- less than 30 days from the date t-he notice is <br />mailed within which Borrower may pay the sums declared due. li Borrower fait= to }ray such sums prior to the <br />expiration of such period, Lender may, without further notice ur demand un Borrower, invoke any remedies per- <br />rnitted by paragraph 18 hereof. <br />\otr-I?*t~oxst (_'ovFxaxTS. Borrower and Lender furt.ier covenant and a#;ree a. folluws <br />18. Acceleration; Remedies. Except- as hrc+i{test is {~ara; ra{~It I7 hcre~~f. ~;x_sn Bnrmwer`s breach of any <br />covenant or agreement of Borrower in this ~lortgagc, inrhuiing the covenants to p:n• when dun any sums secured <br />by this 3fortgage, Lender prior to xc•cclc=ration shall ,nail ^oticc to Borro++cr u~ provided u: paragraph 14 hereof <br />specifying: ti) the breach: r2) the action required to cure such breach; t3)~ a date, not less thin thirty days <br />from the date the notice is untileri to Bon•owcr. by which such preach unst h:~ earn=d; ;tnd +4i that ftttill rr in corn <br />such breach on or before the date specified ir. the notice may result in acceleration of the stuns secured by this <br />3iortgage and sale of the Property. If the breach is not cured on ot• befot•c the date specified in the not-ice, Lender <br />at Lender's option may declare a?? vi the sums secured ley this \lortgagr to be immediately due and payable <br />without further demand and coat' foreclose this \tortgagc by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure, including, but oat limited to. costs of documentary evidence, <br />abstracts and title reports. <br />19. Botrrow®rs Right to Reinstate. Nntnithstanding Lender's acceleration of the Burns secured by this <br />Mortgage, Borrower shall have the right to have any proceedings begun by Lender to ruforrc this Mortgage dis- <br />continued at any time prior to entry of a judgment enforcing this Mortgage ifs loll Borrower pays bender atl <br />sums which would be then due under this ~Iortgsgc, the Note and notes securing Future .advances, if any, had no <br />acceleration occurred; (h) Borrower cure: ail breaches of any other covenants or agreements of Borrower con- <br />tained in this hiertgage; (c) Borrower paps alt reasonable expenses incurred by Lender in rnforring the covenan~4 <br />and agreements of Borrower contained in this Mortgage :end in enforcing Lcncier's remedies as provided in para- <br />graph lf3 hereof, including, but not limited to, reasonable attorney's 1'ces: and rril Borrower takes such ssction as <br />Lender may reasonably require to assure that the lien of this ifortgxge, Lender's interest in floe Property and <br />$orrower's obligation to pay the sums secured by this \iortgxge shill continue unimpaired. tipon such paynreui <br />and cure by $orrowen, this :t'Ivrtgage and the obligations securcxl hereb}• shall remain in full force xnd effect as if <br />no acceleration had occurred. <br />3f1. Asaige~tstxt of Rsata; Aypoiatmeat of Roeeiver; Lender in Possession. As additionat securit}• here- <br />under, $vrrotier hereby assigns to Lene~er the refits of-the Propert}•, provided that Borrower shall, prior to acceler- <br />• orlon under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />~ they becoine due and payable. <br />Upon acceleration under paragraph i8 hereof or abandonment of the Yroper•iy, Lender, in person, by ageni <br />or by iudicially appointed receiver shalt be entiilecl to enter upon, take Possession of xnd manage the Property <br />and to collect the rents of the Property, ineludmg those past due. A!1 rents collected by Lender or the receiver <br />shall be applied first to payment of the costa of managcmeni of the Property and collcrtion of rents, including, hui <br />not limited to, receiver'a fees, premiums nn receiver's bonr{s and rexsonahie attorney's lees. anti then to the stuns <br />secured by this Mortgage. Ixnder and the receiver shill be liable to account nnh• for those rr=••ts actually received. <br />