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not extend or postpone the due date of the morthly inst:tlhnents referred to in paragraphs 7 and 2 hereof or <br />change the amount of such installments. <br />14. Borrower Not Released. Extension of the time for payment. or modification of amortization of the sums <br />secured by this Mortgage granted by bender to any successor in interest of Borrower shall not operate Lo release, <br />in any manner, the liability of the original Borrower and Bonower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage I>y reason of any demand matte by the original Borrower and <br />Borrower`s successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising sny right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right <br />or 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 by this Mortgage. <br />34. Remedies Granulative. All remedies provided in this \iortgage are distinct and cumulative to any other <br />right ar remedy under this Mortgage or affonled by la++- m• er)uity, and may be exercised concurrently, independ- <br />~, eaitly or successively. <br />,,,~ 13. Successors and Assigns Bound; Joint and Several Licl?ility: Captions. 'Che covenants and agreements <br />~ hcrziri eantained shall bind, and tli8 i`igitts ttereuudei• shat{ inure [o, the respective snccessors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 17 her¢oF. all covenants end agreements of Borrower shall <br />be joint and several. The captions and headings of the paragraphs of this Mortgage ere for convenience only and <br />~ ~ are not to be used to interpret or define the provisions hereof. <br />J 14. Notice. Any notice to Borrower procidcd fm• in [Lis \lortgagr shall be given by mailing such notice by <br />certified mail addressed to Borrowty at the Property :Address slat!, l below, except for :un• notice required under <br />~ paragraph 18 hereof to be given to Borrower iu the uutmter prescribed by applictble Iaw.:Any notice provided <br />~ for in this Mortgage shall he deemed ro have Leon gi+•en to Borrower when given in the wanner designated herein. <br />15. Unitarm Mortgage: Governing Law: $everability. 'Chin form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited cariat.ions by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the la+v of the jurisdiction in which <br />the Property is located, In the event that any provision or clause of t-his Mortgage or the Note conflicts with <br />applicable law, such conflict shall not affeol other provisions of this Mortgage or the Note which can be given <br />ei'Feet without rho conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />i6. Borrower's Copy. Borrower shall 6e furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />17. ?roaster nl the Property; Assumption. IC ell or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (ai the creation of a lien or encum- <br />brance subordinate to this :llorkgage, tb) the emotion 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 interr~t of three years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare akl the sums secured by this ~lortgsge to be immediatch• tine anti payable. Leucicr shall have waived such <br />option to accelerate if. prior to the sale or iranster, Lender anti the person to whoa the Property is to ia¢ sold or <br />transferred reach agreement in writing that the credit of such person is satisfuctary to Lertdor and that the interest <br />payable on the sums secured by this ~Iottgage shall be at Such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 1 i and if Borrower's successor iu interest has executed a writ- <br />ten asstrmpLion agreement accepted in writing by Lender, Lender shall release Borra+r-er tmtn all ab}igations under <br />this Mortgage and the Note. <br />if lender exer¢isea such option to accelerate, tender shall anati Borrower notice of aeceleratiotr in aceordeax <br />with paragraph l~ hereof. >uch noti+~ slaail lariavide a laeriuti of not lcs than ,i0 t1a~°s Irani thi>= ttatr thv natie~ is <br />[nailed within which Borrower may pay the earn., deetttreci due. if Borrower fails to pay such sums yriar to the <br />eatpiration of z;uch period, Lender tttay, +vithaut EutKlter notice or ,fr[[[aud oft Borrower, itivake arty tamedi~ per- <br />mittt'd by paragraph IS hereof. <br />?v;r?*t-i?xtFt~g>~ i=nv€-u~3xa, Bt~rrttwt~t• utttl lam=roller, furtht~r ctrvt^t::ettt at:sl a~r~ ax 1~.aEl~w~: <br />1$: jlCCili3tatlatt: $emedlet:. Ekt°cpt tt= prav`ictc~l to liiEr~t~pl, t7 1,e°rot. etp.-,n I3orro+siz``srcre~rii~ of any' <br />covenant or agreement at Bortroa•cr iu thi. \turtKay;e, nu•lu,ting the covenants h, pup whcu ,rue any -ants secunvi <br />by this \lortgage, Lender prior to actrlet•ttnau hall mtut nuttrc to Burrcrscer ;t,• I+t•uvidrd in laaragralah 1Q hereof <br />specifying; {li the breach; 12t the artiun requiresi to cure .ur•L Lrcach; tai ;. ctzar, not less than thirty days <br />frow the dat~* the notice is utailetl to Burrower. Lr vchu h -~ucl, Lre;u•h n;ust Le cured; atxt t41 that failure to care <br />such breach op ar befom the date spevificd itt the notice nary reattlt itt ueeefrratiun of the runts secuteti by thts <br />Mortgage and soh: of the Property. If the hn•ach is not curtd uu ur hefmr the date, specifitvi in the uotic<>, Lender <br />at l.endor's option rosy declare a}i of the soot, srrurect l,y thio Mortgage to he immetliud•Ey ,fur end laayable <br />without farther d¢ntand and may forerlaae this Mortgage by ludirial proceeding. Lender shell ht eatitleci to collv~t <br />in such prnceeding all expenses of farcclasurc, iuclurling, but nut liutatcd to. coats ut` darautcntary evidence, <br />abstracts and title reports, <br />19. Deerorver's Right io 8simdale. latwititataudittg Lender's acceleration of Che ,was secun~i by this <br />Mart~tge, $ottower shall have the right to have any prtceedings laegun by I.E^trdr*r to eafuree tttis Mortgage di:#- <br />taoIItinued at any time prigr to cntrp of a judKutent cnfo3•cing this ~IortKage if; Oar Borrower hays l.tmder alt <br />sums which would be then due under this \tartgaKc, the Note anti notes securing 1''utum :lcivacict~a, it any, had no <br />aooeieratian occurred; (hl Borrew¢r coven alt tareurlus of any other rovcmutta ar age+'znu~utx of Borrower con- <br />taiIIed in the ~a~ icl Rt~rrawer pays all reancanattle tkxlrcn~t'-. snt•urr~i by t.t•ndrr in f=nfnrring the ravennnts <br />attd agreements of Borrower eonttuIIed in this ~lartgate anti tct cnfareittg l,cttder`<; rrtuetlic~ ux lirctviclrtl iri laara- <br />graph 18 hereof, including, but not {imit¢ti to, rearonalak :utontcv's fee~.utd +dl Barrow°er taka s such action as <br />fader may reasonably esquire to assure that the lien of thi< ~lartgage. t.enda:r's ititertst in the Pralaerty and <br />$orrawer's obligation la pay the 3Wrla aFeCU[Cti by thi.~ tif¢rtgat;F shall continue unimpaimtt. Upon such payment <br />and Duce by_$or~rexer, tEtis Mortgage and the obligatiotas secur¢tl hereby slisll remain in full fgr¢e anti efft>et as if <br />nfl aoaleratioII had occurred. - <br />71Q. at eE Rerruer Appr~lntme,t of Hrusivtr; Leader ire Poseeaeinn. As additional security here- <br />uIIdet•, Borrower herstay assigns to Leader rho rents of-[lie Pmpert~ , providt^ci that Bornxver shall, prior to aeee-er- <br />ation ands{ paragraph 18 hereof cr abandorunent of the PmPerty, have the right to collect anti retain such rents <br />as chey beeoIIte dos anti payable. <br />Upstr arieeleration under paragraph 16 hetuo# ar ataandontnent of the Property. Lender, in person, by agent <br />or by audicially appointed s•aceiver shall Jae entitled to enter upon, take lwssession of and ananage the Yrapertv <br />and taeglieet the rents of the l-'rnperty, including tttos¢ past due. A!t mats coilrrteti by Lender or the rr~ceivcr <br />shall be applied ftrst to payment of the costs of ttianagerocn4 of the Property and eotlecticrrr of rent., includinG, but <br />not limiked to, receiver's fees, premiums on rcc¢iver's bonds and rcasunahie uttorney'a fees. ;u•d then to the sums <br />secured by this Mortgage. Leader and the receiver shall he liable to amount only for those t, nts nc•uraliy rereiccd. <br />