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not extend ar pastporte the ;Iue date ai the tnon=_i;i~- ins=ai:n<~rs> :<-Ferrer; zo w paragraphs 1 and 2 hereof or <br />e}range tlae amount of suet, installments <br />10. Borrower Not Released. Bxtersion of the iivie for paymen? aa• modittcatior. of amortization of the sums <br />securr~i try this ilartgage granted by Lender to ant ~ucressor ut into-rfst of $arrau-~_•r sl:ail Hat operatf~ io release, <br />in any manner, the Ifabiliiy of the original Borro~a•er and Borrocvcr:~ surce=ors in interest. Iprder shall not be <br />requited to commence proceedings against etch successor or refuse to extend time far payment or otherwise madifv <br />amortization of the sums secured Ley tl;is Mortgage its- reason ai :any t2rrnand made ny the origins[ Borrower and <br />,r Borrower's successors in interes±. <br />"'` il. Forbearance by Lender Not a Waiver. Auy forbearance by Lender in exercising am• right or remedy <br />~ hereunder, or otherwise afforded by applicable late, shall not be a waiver of or preclude the exert}se o[ any right. <br />"~ ar remedy hereunder. The procurement of insurance or the payment 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 bc• this Mortgage. <br />~ 12. Remedies Cumulative. All remedies provided in L°ni~ _lortgage are distinct- and cumulative to any other <br />right or remedy under this .looggagc or afforded h}- tact m equity, and may be exercised concurrently. independ- <br />~ entry ar successively. <br />~ 13. Successors sad Assigns Bound; Joint and Several Liability; Captions, The cotenants and agreements <br />herein contained shall t,•ind and the rights l:r_rcu:er shall inure w, tltr respective successors and assigns of Lender <br />and Borrower, subject to the proaisiorrs of paragraph 17 hereof. All covenants and agreements of Harrower sha}I <br />b€ joint and setersl. `Phe captions and headings of the paragraph= of this Alortgage are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. Any Halite to Borrower prodded for in this: Mortgage shall he gicen by mailing such notice by <br />certified mail addressed to Borrower at the Property Address stated below, except fw` any notice required ender <br />paragraph 18 hereof to be gicen to Borrower in rite mmutrr prrscni;;rl bt applicable law. Any notice provided <br />for }n this Mortgage shall he deemed to hate been given to Borrow rr when gicen in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. 'T'his form of mortgage combines uniform covenants <br />for national use and non-uniform cotenants with limited variations by jurisdiction to constitute a unifornr secu- <br />rity instrument covering real property. This Mortgage shall i,e governed by the law of the jurisdiction in which <br />the Property is located. In the crept that any provis}on m•'clause of this \lortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other irovisions of this ~Iorfgagc or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage :md the Note are declared <br />to Ira severable. <br />16. Borrower's Copy. Borrowwer shall be furnished a canfornred con}- of this Mortgage at the time of execu- <br />tion or after recordatior. hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property ar nn interest therein is sold <br />or transferred by Borrower without Lender's prior a-ritten consent. excluding (a) the creation of a lien or encum- <br />brance subordinate to this \lortgage, fbl the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation al law upon the death of a joint tenant or {dl the grant of <br />any leasehold interest of three years or less not containin:; an option to purchase, Lender may, at Lender's option, <br />declare all the sums secured by this Dlortgage to be iunuediatch• due and payable Lender shall have waived such <br />option to accelerate if, prior to the sate or transfer, Lender curl the person to whom the Property is to be sold or <br />trarsferred reach agn~emeni in writ.iag that the credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured by this \lortgage .hall 6e at suet; rate as Lender shall request. If Lender has waived <br />the option to aecelerai.e pratided in this paragraph 17 and iF Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing Try lender, Lender shall release Borrot+•er from aIl obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall nrsil Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. 6uch notice shall protide a period ai not lei than 3Q days From the date the notice is <br />mailed within which Borrower may pay the stmrs declared due If Borrower fails to par such sums prior to the <br />expiration of such period, Lender may, without further notice or demand on Borrower. intake any remedies per- <br />mitted by paragraph 18 hereof. <br />\o~-T'~tFC~tt~t t~UtEtigyTS• Borrowor anti Lender furtht~r cutznant and ag•rt•e as follows <br />lb. Aecei+~ratiaa; Remedies. Except as pratided in puragralrit 17 hereof. upoct Borratscr•s breach ~f am <br />covenant or agreentent of Borrower in this Moriga>;e. htvh;ding the cotenants to pay cchrn lino :uty sums secured <br />by this 1lortgage, Lender prior to acceleration shall moil nut ice. to Borrower ax nrotidrtl in paragraph 14 hereof <br />c rerif,'in } t r i f~ l I ~ 7 <br />I-- g' (i, tl e hrea_!.; t.rc action retlrrrres. to cure such b:rar!r: t3! ;: date. not less tltatr th~Kt slits <br />from the date the notice is mai!cd to Barroaer, h}• wltirh stu•h breach must be cured; and tit that iailurr to cure <br />such breach on ar before the date sperihed in the notice may result in acceleration of the aunts ~ecuretl by this <br />~'Iortgage and sale of the Property. If the breach is not cured on or before the date ,pacified in the notice, Lendor <br />at bender's option uray declare all of the ;urns secured by this Alortgage to be immediately due and payable <br />without further demand and may foreclose chi- Jiortgugc by jurfici.rl proceeding. Lcndt•r shall be entitled to collect <br />in such proceeding :ill expenses of forerlc>,ure, including. but not limited to, costs of docuuu•ntary evidence, <br />abstracts and title reports. <br />19. Borrowers Riqht to Reinstate. \ohvithstaudiug Lender's uceeleration of the sums secured by chi, <br />Mortgage, Borrower shalt have the righk to hate any procerdin}s begun by Lender to enforce this _ltortguge dis- <br />continued at any time prior to entry al' a judgment enfaprinx this 11m•t};age if: Jai Borraxrr pay. Lender aU <br />sums which would be then due under this ~[ort};agr. ihc• \ote and notes securing Future acttunces, if any, had no <br />acceleration occurred; (h) Borrower cures all breaches of any other cotenants or rrgrretnents of Borrower con- <br />tained in this Mart age; (e) $orrower pati•s all reasouabic c:ipenses itsrm•recl ltv l-ertder 6u cnfarcing the catenatrts <br />and agreements of Borrower contained in tIr'ts Martgat;c and in enforcinJw l.rndrr's rcurrdics as provided in para- <br />graph 18 hereof, including, but not linritrd to. rensonabie ;utornec'c fees; and cdi Borrower takes sue}c action as <br />Lendor may reasonably require to assure that the lion of this Mart gage. bender's interest iu the Proprrt}' anal <br />Borrower's obligation to pay the sums secured by this Alortgarc shall rontinuc tminrpaircd. tlpou such payment <br />and curs by Borrower, this :Mortgage and the obligations secured hereby shall remain in full farce and effect as if <br />tro acceleration-had occurred. <br />20. Aeefgnmeaf of Rents; Appointment of Receiver Lender in Poasessioa. :ls additional security here- <br />uader, Botrtrwer hereby aseigas to Lender the rents of the Property, provided that Borrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, hair the right to collect and retain such rents <br />as they become due end payable. <br />Upon acceleration under paragraph 18 hereof ar abandonment of the Property, I,encler, in person, by agent <br />or by judicia4ly appointed receiver shell be retitled to-inter ulran, take possession of and manage the Property <br />and to collect the rents of the Property, inchtding those past due :11I rents collected by Lender or the receiver <br />shall he applied ftrst to payment o€ the eos-ta of management. of thtr Prolrem= and collection of rents. including, but <br />not limited to, receiver's fees, premiurrrs an receiver's bards crud rcasonahle sttarney's fee- and then to the sums <br />secured by Lhis Mortgage. hander and the receirer shall hr liable to acc•aunt unh• for those ran' sc•tualh rerrited. <br />