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note sxtt:n+ui or ls~pone the due9o a:ate of t3 1a-o~ ~-! Iw its i ~- s _ n"'t r-lie,^r~ io ;a. I~3t ,i~€aiH~ i anal 2 "rxereo~f nor chsnga,th'le amount of suck. i:.sk;allsner'ts ld: '&irrovrer Not RaLased. Extenssiou of t?,•_ tin=_;e far lrasn~rr3t or modification of amortisation of rh,¢ gyms secured by this 3lortgage grantal !sy Lender to an}- -,s e+sssvr in intete;:t ri Borr~ixer shat! sat operate io release, in any manner, the Iiabklkt}• of fire oreginal Borroty°er anc; F3orrowr-r"< sucxFCsors in interest. Ixnder a'nsll ts~ be required to commence pt•oceesiings against such surreswr ar refu<e to extend time for payment or otherwise modify amortization of the sums secured by thL \lortgage 1,}- reason of ;any demand oracle by t he original Borrower and Borrower's successors in interest.. 11. Prnhsarmmee by Lender Not a Waiver. Any forbearance by Lender in exercising any right or reined-v hereunder, or oiherwise afforded by applicable 9a~r, shall sat lre s wai;•er of sn preclude the exercise of any right ar remedy hereunder- The procurement at insurance or ilxe Ixayment of faxes or ether lien= ar charges by Lender shat' not be a waiver of Lender's right to accelerate the maturitc of the indebtedness secured by this niortgage. `^~ 1Z Remedies Cumulafive. Alt remedies provided in tlti- nfor tgaee am distinct and cumulative to any other ' `r right or remedy under this Mortgage or affordex by Ian or e~uits-. ar.+j n;a. F*r ex~:•rined canrnrrentty- independ- ~ ently or successively. - ~ 13. S•~~-m~--~ myd Assigns Bound; Faint mmd Several I.iabilitp; Captimms. The covenants and agreements -=~ herein contained shall bind, and the rights hereunder shall inum to. tlxc reslxctive successors and assigns of Lender *` and Borrower, subject to the provisions of paragraphx 1; hereof.:\11 covenant- and agreements of Borrower shall ~ ~ be joint and several. The captions and headings of the paragraphs ai Axis 1loftgagr are for convenience only and n, are not to be used to interpret or define the provisions I:ereof. 14. Nofiee. Any notice to Borrower provided for in chi. \lorigage -hart he gSrer. b}• mailing such notice by certified mail addressed to Borrower at the Property Addres ~trte,t helou. except for any notice required under paragraph 18 hereof to be given to Borrower in the xaannrr prescrihed ixp applicable law. Any notice provided for in this Mortgage shall he deemed to have been gives to Borrower wken given in tixc manner designated herein. 15. Uniform Mortgage; Governzg Lt.:r; Seve:abiliti. This tarn of uiartgage comu:nes uniform covenants €or national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- rity instrument covering real property. This niortgage shall it governed b}• the law of the jurisdiction in which the Property is located. In the event that any provision or clay=e of this niortgage or the Note conflicfa with applicable laa•, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to k;e severable. 16. Borrower's Copy. Borrower shall Ge furnished a conformed copy of This Mortgage at the time of execu- tion or after recordation hereof. 17. iranafer of the Property; Assumption If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding {a} the creation of a lien or encum- brance subordinate to this niortgage, lbl the creation of a purchase money security interest for household appli- ances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or {d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may. at Lender's option, declare all the sums secured 6y this niortgage to be inwxediately due and payable. Lender shall have waived such opt-ion to accelerate it`, prior io the sale or transfer, Lender at€d t ;~ person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfacton- to Lender and that the interest payable an the sums secured by this niortgage shall be at such rate as Lender shall request. li Lender has waived the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executxd a writ- ten assumption agreement accepted in writing by Lender; Lender shall release Borrower from all obligations under this Mortgage and the Note. if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. such notice shalt provide a period of not less than 30 days from the date the notice is mailed within tvhich Borrower may pa}• the sums. declared due. If Borrower faits to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies per- riitted by paragraph 18 hereof- Not:-L'.rrrcrnxr Ccxc~~t;,~rs. Barron+er and Leander farther covenant, any a~ree as foilaws: 1$, Adeeletatfonr Remedies. Except as provided id liaragrapb 1Tlicreof, upon Borrowers breach of any covenant or agreement of Borrower in this ltortgagc, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shsl! .uaii notice to Borrower as prodded in paragraph 14 Ixereot specifying: (1) the breach; i2} the action required to cure such breach, ~3i a date, not less than thirty days from the date the notice is mailed to Borrower, by which such butch must be cm•ed; and i4) that faihue to cure such breach on or before the date specified in tlxe notice may result in acceleration of tlxc awns secured by this Mortgage and sate of the Property. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option ma}• declare all of the sums secured b}• this niortgage to be immediately due and payable without further demand and may foreclose this niortgage by judicial proceeding. Lender shalt be entitled to collect in suck:. proceeding all expenses of foreclosure, including, but not limited to, costs of docwuentan- evidence, abstracts and title reports. 19. Betroweis Right to Reinstate. Notwithstanding Lender`s acceleration of the sums secured by This Mortgage, Borrower shall have the right. to have any proceedings begun Isy Lender to enforce this \iortgagt: dis- continued at any time prior to entry of a judgment enforcing this nforigage if: (al Borrower paps bender all sums which would be then due under this \forigage. the tiote and notes securing Future Advances, if any, had no sceeletation occurred; (h} Borrower cures alt breaches of an}- other c•orenants or agreements of Borrower con- tainett is this'4iortgage; (c} Harrower pays ati reasanabk expenses incurred by i:ender in enforcing the covenants and agreements of Borrower contained in this nlortgagc and iu enforcing Lender ~ remedies as provided in psra- gragb 18 hereof, including, brit sat limited to, reasonalsle attorney's fees: and idl Borrower takes such action as Lcadtr may reasonably require to assure that the lien of this niortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this mortgage .hall continue unimpaired. upon such payment and cure by Borrower, this Aisirtgage and the obligations secured hereby shall remain Sri full face and effect as if no seceleration-had occurred. ~. Assi$am,tast of Renfar Appointment of Receiver; Leador in Possession. As additional security here- u4der, Borrotuerhereby assigns to Lender-the rents of the Propene. provided that Borrower shall, prior to acceler- ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become side ami payable. 1.Ipon acceleration under paragraph 1$ hereof or abandonment of -the Property, Lender. in person, by agent or by judicially.appointed receiver shall be entitled to-enter upon, take possession of and manage the Property and to cotleet-the-tents of the Property, including thane-past-due. All rents calteeted by Lender or the receiver shall. be applied first to gaywraast of the cysts of tnanagetnent of the Property and collection of rants, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasana6le attornc v's fees. and then to the sum= secured kty this niortgage.-Lender and the receiver shall he liable to srcowtt only for those rents xctualh• mceived.