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not extend nor grostpone 'the d'ue date a~,t the uaorthlr ::,~tnlYe:e*.rts ref<rrred try irr pa~rsgraphs 7 affil 2 hereoi or <br />change the arriount o~f such i~nstailments- <br />lf). Borrower Not Released. Extension of tltc ;hare for l~ayze.e:~,t or modiiicstion ot" amortizatien of the sums <br />secured key this 'klortgage granted by I..ender to sn}• sr;rcessor i!r ir.=,err-st sr,F Bo.*raw•ea• shall not operate to release, <br />in any !uranner, the liability of the original Borrower anei Borrower's successors in irrterest. Lender shall not be <br />required to commence proceedings against such successor or refuse to cott<nd time for payment or otherwise modify <br />amortisation of the sums secured by this. Mortgage by reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />li. Forbearance by Leader Not a Wainer. Any forbearance by Lender in exercising any right or remedy <br />he!•evnder, or othersvtsc afforded b}• applicable law, shall not be a w-aiYer of or preclude 'the exercise of any right <br />or remedy hereunder. The procurement of insursnce or the payment of taxes or other liens or charges by Lender <br />shall noG be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this ;1•lortgage. <br />12. Remedies Cumulative. Ali remedies provided in this Mortgage are distinct and cumulative to any other <br />~ right or remedy under this Mortgage ar atiorded h}• law- or cyuity. and mac he exercised concurrently, independ- <br />~*! entry or su~cessively- <br />tir;,. 13. Suecesaors. and Assigns Bound; Joist and Severn! Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender <br />~„~ and Borrower, subject to the provision of laaragraplr 17 hereof. Atl covenants and agreements of Borrower shall <br />be joint and several. The captions and headings of the paragraphs of this \lartgage are for convenience only and <br />are not to be used to interpret or define the provision hereoi. <br />~ 19. Notice. Any notice to Borrower provided for in Uris \lortgage shall be given by !usiling =_.uch notice by <br />~ certified mail addressed to Borrower at the Property Aridness suited below-, except far am• notice inquired under <br />paragraph 18 hereof to be given to Bm•rone;• in the manner prescribed be applicable law. Any notice provided <br />for in this Mortgage shall be deemed to bare been given to Harrower wi!en given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform eovenauts <br />for national use and non-uniforni covenants with limited :•ariations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which <br />the Property is located. In the eveni that any provision or clause of this Mortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other 1>royisions of this \iortgage 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 />18. Barrow®r ~ Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. Ii all or any part. of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding ta) the creation of a lien or encum- <br />brance subordinate to this Mortgage, {b) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent a• by operation of }aw• upon the death of a joint tenant or {d) the. grant of <br />any leasehold interest of three years or less not containing an option to purchase, Lender map, at Lender's option, <br />declare all the sums secured by this i~iortgage to be immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to 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 1•iortgage shall be at such rate as bender shall request. If Lender has waived <br />the option Lo accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shalt release Borrower from all obligations under <br />this Mortgage and the Note. <br />)iS Lender exercises such option to accelerate, Lender shall !!:ail Harrower notice of acceleration in accordance <br />with paragraph I4 hereof. $uch 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 due. If Burrower fails to pry such suns prier to the <br />expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies per- <br />mitted by paragraph l8 hereoi. <br />'c'orn-Ll*rrr*aatmt C~Oy€r:A\q'6. Borrower and Lender further covenant and agree al follow°s: <br />16. Acceleration; Remedies. Except as 1,ro:-ide+i in paragr.y!h 17 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower in this \iortt;agc. hrclucling the covenants to pay when due any sums secured <br />by this ;Riertgage, Lender prior to scceleration =hall mail notice [o Borrower as provided in paragraph 14 hereof <br />specifying: fi) the breach; f21 the sction rcyuirccl to cure such breach; 131 a date, not ]cam than thirty days <br />from the date the notice is mailed to Borrower, b.- which such breach must be ewrd; and 141 that failure to cure <br />such breach an or before the date specified in the notice pray result in acceleration of the sums secured by this <br />Mortgage and sale of the Property. If the bmaclr is not. cured on or before the date specified in the notice, Lender <br />at Lender's option may declare all of the sums secured by this Jiortgage to be immediately due and payable <br />without further demand and !nay foreclose this jlortgagc by iudicial proceeding. Lender shall he cntitleci to collect <br />in such proceeding all expenses of foreclosure. inchuling. but not limited to, costs of documentary evidence, <br />ab??tracts and title reports. <br />19. Borrowezs Right to Reinstate. \'otwithstanding Lender's acceleration of the sums secured by this <br />Ntortgage, Borrower shat! have the right. to have any proceedings begun by Lender to enforce this Mortgage dis- <br />continued at any Lime prior to entry of a judgment enforcing this Ziortgage if: (al Borrower pays Lender all <br />soma which would be then dtie under this \iortgage, the Note and notes securing Future Advances, if any, had no <br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower eon- <br />Lalaed in this Mortgage; (e) Borrower pays all reasonable expenes incurred by Lender in enforcing the covenants <br />and agreements of Borrower contain+d in t-his ~4ortgage and in enforcing Lender's remedies as provided in para- <br />graph 18 hereof, including, butnot limited to, reasonable attorney's fees; and ldl Borrower takes such action as <br />L~tder may reasonably require to assure that the lien. of this ~iartgage, Lender 5 interest in the Pmperty and <br />Borrower's obligation to pay tf!e reins secured by this 34ortgage shall continue unimpaired. [,ipso such payment <br />and clue by Borro9rer; this Mortgage and the obligations secured hereby shall remain in full force and effect as if <br />no acceleration had: occurred:.. <br />~. liu4 of Rarst$ Appointment of Rsceiver, Leader is Possessiaa. As additional security here- <br />under; 23©~rawer hereby assigns to I:ender tfie rents of the Property, provided that Borrower shall, prior to aecsler- <br />atioa under geragraph 18 hereof or abandonment a£ the Property, hsve the right to collect and retain such rents <br />sii become due sod payalilc: <br />Upon-aeeeteratian under Paragraph l8 hereof-or abandonment of the Properly, Lender, in person, by agent <br />or byr judit:iafly appointed receiver shall be entitled to enter-upon, #ake possecion of and manage the Property <br />and to collect the rents of -tile. Property„itieluding-those past due. Ali rents collected by Lender or the receiver <br />shall be applied first to payment of the-costs of management of the Prolmrty and coliectian of rents, including, }art <br />not limited to, receiver's fees, premiums an receiver's bond= and reasonable attorney's gees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents artuallp received. <br />