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not e.~xtend yr Irostpone the due oats oi~: clue ntonthir r_~ :<Itnctrt: :erreYl tr it; ~,ara~(;raph= I and "2 hereof or <br />ebange+ the amount o,f surli insLalimcrr*.s <br />10. $atrocverNat Released. Extensiovi of file tune tree t>aynient or uaodficaiioea of :trnorrization of the some <br />se^ured Dy this Mortgage grantel by Lender to any sur•eeswr in interest of Borrower ;hall not operate to release. <br />in any manner, the liabisitc of the origir-al $orrower ant! Borrower'> -uccessors in interest- Ixn4ler shat! not be <br />required W commence proceedings against saeit successor or rata=e to c;ctees Tune fvr pa;'iiieiit or otherwise modify <br />amortization of the suns secured by this \lortgage in• reason of any dentard made by the original Borrower and <br />Borrower`s successors in interest. <br />l I. Forbearance by Lender Not a Waiver. any forbearance Dy Lender in exercising any 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 heretmder. 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 maturitc of the indebtedness secured by this Dtortgaga. <br />12. Reme~es Ctunulative. ail remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or afforded by lam or t~quin•. and mac h,• exercised concurrently, independ- <br />ently or successively. <br />13. Successors and Assigns Bottad: faint and Several Liability: Captions. The covenants and agreements <br />~ ~C"+ herein contained shat[ bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />C7 Qa and Borrower, subject to the provisions of paragraph I : hereof- Il covenants and agreements of Borrower shall <br />~ *•-t De joint and several. The captions and headings of the paragraphs of this \[ortgage are for convenience only and <br />~ CG are not to be used to interpret or define the provisions hereof. <br />14. Notice. :',ny nonce to Borrower provided for m this Aortgage =hall br gn•en by mailing such notice by <br />~ rr certified mail addressed to Borrower at the Yropertc ~ddress stated hclo++. except for anv notice reyuired under <br />paragraph IS hereof to be given to Borrower in the utamter prescribed b}- applicable law. ~m• ratice provided <br />' , Qp for in this Mortgage shall 6c deemed to base been given to Bon•owcr ++iten glean in the manner designated herein. <br />a n 15. Uniform Mortgage; Governing Law; Severability. ,Chia form of mortgage combines uniform covenants <br />n for national use and non-uniform covenants with limited variations b}• jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \tot•tgage shall be governed by the la+v of the jurisdiction in which <br />i <br />the Pra-c.o ~ '^^°t~~ Tn the eseni that any provision at• clause of this .Mortgage or the Note conflicts with <br />p -`y is ....,.....•_. • <br />4 applicable law, such conflict shall not affect other provisions vi this \iortgage or f-ire iv'uti which can Dc g~:en <br />° effort without the conflicting provision, and to :his end lire pro+istvns of fire Mortgage and the Note are deelarev <br />~ to be severable. <br />16. Boaower"s Copy. Borrower shall be furnished a conformed copy of this Mortgage at the 'time of exeeu- <br />Oc tion or after recordation hereof. <br />17. Transfer of the Property: Assumption. If all or any part oC the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding la) the creation of a lien or encum- <br />- brance subordinate to this Mortgage, iD) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of ]a+v 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 may. at Lender's option, <br />declare all the sums secured by this Mortgage to be inunediateiy due anti payable Lender shall have waived such <br />option to accelerate ii, prior to the sale or Transfer, Lender and the person to +vhom the Property is to be sold or <br />transferred reach agreement in writing That the credit of such person is satisiucton• to Lender and that the interest <br />- payable on the sums secured by this Jortgage shall i:e at suer rate as Leader shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 1 i and if Borrower's successor in interest has executed a wrif- <br />ten assumption agreement accepted in writing by bender, Lender shall release Borrower from all obligations under <br />this biortgage and the Note. <br />? If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />= wiih paragraph I~# hety vf. ~uci< notice shall provide a Period of not less than 30 days from tt;c riat2 the notice is <br />- mailed within which Borrower may pay the sums declarc~cl rluc- If Borrower fails to pay such sums prior to the <br />expiration of such period, Lender may. n-ithout fu:Kher t:otice or ctemand on Burrower. invoke any remedies per- <br />= witted by paragraph 18 hereof. <br />:T <br />Nox-i`xtFOa:st ('ovextv•t•s. Fiorrewer ttncl Louder further eovettant and agree as follows: <br />_ I$. Acceleration: Remedios. Exeelit as ;crpvicle+; iti ;>aragraph 1 i hereof, tt}ion Borrower's hreadi pf sn}• <br />i covenant or agreement of Borrower in this ~lortgagc•. inchuling the covenants ro pay +chrn due any sums secured <br />by this \iortgage, Lender prior to acceleration shall mail notice to Borrower as pro+•lded in paragraph 14 hereof <br />specifying: (1) the Drench; 12) the action required tp cure such breach; 131 a dal-c, not lea than ihirt.y days <br />from the dote the notice is mailed to Borrower, he which such breach must be ew•ed : and (4 V th:,t failm•e w cure <br />such Drench on or before the date specified in the notice may result in accelerativn of the sums secured Dy this <br />Mortgage and sale of the Property. Ii the breach is not cured on or hefm•e the data specified in the notice, Lender <br />_ at Lender's option may declare all of the. sutra secm•ed by this Mortgage to fee immediately due and payable <br />without further demand and may foreclose this \tortguge by ,judicial proceeding. Lender shall he. entitled to collect <br />in such proceeding all expenses of foreclosure, including, Dut not limiMd to, costa of documentary evidence, <br />abstracts and title reports. <br />19. $orrowera Right to Reinstate. Notwithstanding Lendan•'s acceleration of the sums secured by this <br />!Mortgage, Borrower shall have the right to have any proceedins begun he fender to enforce this Mortgage dis- <br />continued at any time prior to entry of a judgment enforcing this Mortgage it: tat Bm•ro:cer pays Leader all <br />aunts which would be then due under this \lortgage, the Note and notes securing Future :~dcances, if any, had no <br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or :igrements of Borrower con- <br />tained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants <br />sod agreements of Borrower contained in this Mortgage :md in enforcing Lender's remedies as provided in para- <br />graph lg hereof, including, but not limited to, ressonabL~ atiorne}•`s fees: and idi Borrower takes such action as <br />bender may reasonably require to assure that the lien of iltis ~tortgagc. Lender's intcresi in the Property and <br />Botrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. I?pon such payment <br />and etas by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if <br />no aoeeleratSon had ocetttred. <br />20. lLaaigameiit of Rests: Appointment of Receiver: Lender in Yosaessioa ~s additional security here- <br />under, B_orrowei• hereby-assigns to Lender the rents of the Property, provided that Borrower shall. prior to acceler- <br />•atioa under paragraph I& hereof or abandontent of the Property, have the right to collect and retain such rents <br />ea they become due and payable. <br />Upon acceleration under paragraph IL hereof or abandonment of the Yroperty, Lender. in person, by agent <br />or by judieiallp appointed receiver shall be entitled to enter upon, take possession of and manage the Property <br />arsd to collect the tents of the Property, including those past due. ~!i rents eallected by I.encicr or the reseivcr <br />shall be applied first to payment of the costs of managemenk of the Property and collection of rents, including, but <br />not limited t-0, receiver's fee,9, premiums on recoiver's floods and reasonable attorney' fees. and then to the sums <br />secured by this ;Mortgage. Lender and the receiver shall be liable to account only for those rents nrtually received. <br />