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~," <br />naG ex'ten.d or lact;tpone the due date of the *,at,osetf,ik .!"~~talrsa<.!;'. r~Fienr*i to ir. para~maph~= 7 and 2 hereof or <br />change thr; amount of such instalktsteats. <br />10. Borrower Not Released ;Extension or' fire Bute £or grayment ar tnodificatien ai amortization of the sums <br />secured by ibis Mortgage graretevi by ?.envier to any r!~ressor in interest o: Borrower s't;ail not operate to release. <br />in any manner, the IiabiIity of the original Borrow-e!• at;d Bon•o;ver'< successors in interest. bender shall not be <br />requited to commence proceedings against such successor or refuse to Extend Lime far payment or otherw n2 modify <br />amortization of the sums secured by thi_ Mortgage 2n• rcasau of any demand made bc• the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearratce by Lender Not a Waiver. Any forbearance Irv Lender ir. exercising any right or remedy <br />hereundeq or otherwise afforded by applicable lai;, shall rot be a waiver of or prec}ude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of faxes 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 _liortgage. <br />12. Remedies Cumulative. All remedies pro;9ded in this Mortgage are distinct and cumulative to any other <br />~ right or remedy under this lIortgage or afforded by law or equity. snd may he exercised concurrently, independ- <br />~ entry or successively. <br />~ 13. Successors sad Assigns Bound: Joint and Several Liability; Captions. The covenants snd agreements <br />~ herein contained shall bind, and the rights hereunder shall Loom to. the respertivc successors and as.;igns of Lender <br />and Borrower, subject to the provisions of paragraph 1; hereof. Ail covenants and agreements of Borrower ehsll <br />~` be joint rind several. The captions and headings of the paragr.+phs of this \[origage arc far convenience only and <br />are not to be used to interpret or define the provisions i!ereof. <br />~ 14. Notice. Any notice to Borrower provided fm• in thi. Mortgage shall be liven by mailing such notice by <br />~, certified mail addressed to Bw•rower at the Property Address stated below, except for any notice required under <br />paragraph 1S hereof to be given to Borrower in the manner prescribed by applicable law-. any notice provided <br />for in this \iortgage shall be deemed to Lave been giveu to Borrower when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law: Severability. This form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real propertc. This \iortgage shall be governed by the law of the jurisdiction in which <br />the Property is located. In the event that any provision m• clause of this Mortgage or the Note conflicts with <br />applicable law, such conflict. shall net affect other provisions of this Mortgage or the Note which can be given <br />effect without the conflicting provision, and to 'this end the provisions of the ~lortgsge and the Note are declared <br />to be severable. <br />19. Borrower's Copy. Borrower shall he 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. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lenders prior written consent. excluding (a) 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 or h}• operation of law 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 immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, lender and fire person to whom the Property is to be sold or <br />transferred mach agreement in tvritine that the credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured by This \iortgage shall be ai such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph ii and if Borrower's successor in interest. has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Burrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mat! Borrower notice of acceleration in aecotdance <br />with paragraph 14 hereof. such notice shall provide a pericul of net less than 30 days item the date the notice is <br />mailed within which Borrower inay pay the sums declared due. It Barrotver fails to pay such sums prior tv the <br />expiration of such period, Lender may. without further notice a• demand ou Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />\'ox-L.rxt~•onnt ('ovgiv a:c•rs. Borrower and Lender t'urther caul uant and a„rec as Foilow•s <br />lit. Acceleration; Remedies. Except as,prat irled in pat.ngraph 1 i hcreoi, upon Borrower's breach of any <br />covenant or agreement of Borrower in this \iortgage, including the covenants to pay when due anc sums secured <br />by this \iortgage, Lender prior to aceelerntian shall mail notice to Borron'cr as provivicd in paragraph 1•t hereof <br />specifying: (11 the breach; 121 the action required to care such hresch; r31 a date. not le-~ than thirty days <br />Crom the date the notice is mailed to I3on•onrr, b}• n•hich such In•ctch must be cured; and a4t that failure to cure <br />such breach on or before the date specified in the notice may result in acceleration of the sums secured by this <br />Mortgage and sale of the Property. If the breach is not cured m: or hefmr the date specified in the notice, Lender <br />at Lender's option may declare all of the sums secured by this \iortgage to be inuncvliaich• due env{ payable <br />without further demand and may toreclose this Mortgage 6v judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure, inchuliug, but not limited to, costs of documenU+r}• evidence, <br />abstracts and title reports. <br />19. Borrowers Right to Reinstate. Notwithstanding Leuder's acceleration of the awns secured by this <br />Mortgage, Borrower shall have the right to have any proceeding. begun by Lender u+ enforce this Mortgage dis- <br />continued at any time prior to entry of a judgment enforcing this \iortgage it: tat Borrower pays Lender all <br />sums which would be then due under this Mortgage, the Note and notes securing Future Advancer-, if any, had no <br />acceleration occurred; (b) Borrower cures all breaches of any otlrer covenants or agreements of Borrower con- <br />tained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants <br />and agreements of Borrower contained in this 1lortgagc and in enforcing Lender`s remedies as provided in parn- <br />graph 18 hereof, including, but not limited to, reasonable atiw•ney's fees; and +dt Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this ~tarigage, Lender's interest, in the Property and <br />Borrower's obligation to pay the sums secured by this ::\iortgage shalt continue unimpaired. Upon such payment <br />and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full fot•ce and effect as if <br />no acceleration had occurred. <br />20. Asedgumont of Rents: Appointment of Receiver, Lender in Possession. As additional security here- <br />under, Borrower hereby assigns to L••nder the rents of the Propern•. provided that Borrower shalt, prior to acceler- <br />ation nhder paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Upoin acceleration under paragraph IS hereof or abandomnent of the Property, Lender. in person, by agent <br />or by }udsciatiy appointed receiver shall he entitled to enter upon, take pos,~ession of and manage the Property <br />sad to collect the rents of the Property, including those past due. All rents collected by Lender or the receiver <br />shall be applied first to payment of the coats of management of the Property and collection of rents, including, but <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees. and then io the sums <br />secured by this. Mortgage. Lender and the receiver shall he liable to account onl}• for these rents actualh• mceived. <br />