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C <br />not extend or postpone the due date of the mtont.lah- ia:.:trrllrcrc-nt~ referred to in paragraplgs 1, sand `Z hereof or <br />change the amornt of such installments. <br />18, Borrower Not Released. Extensiouz of Lat:~ time for payment or modification of arortization of flee sums <br />'secured hy'phis i'rlortgage granBed !>}~ I_encier to any successor in interest of Borrower eh'all nrrt aperate to release, <br />in any manner, the liability of the original Borrower and Borrower's successors in interest; Under shall not be <br />required to commence proceedings againsi such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage by rearms of any demand made 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 any right or remedy <br />hereunder, or otherwise afforded by applicable tare, shall not be a wai ~ er of or preclude the exercise of any right <br />~ or remedy hereundet•. The procurement of insurance or the payment of tars or other liens or charges by Lender <br />r~ shall not be a waiver of Lender's right to accelerate the nzaturit_v of the indebtedness secured by this \lortgsge. <br />`x 12. Remedies Cumulative. All remedies provided in tiffs ~fortgagc arc distinct: and cumulative to arc other <br />~ right or remedy under this Mortgage or afforded h} law or equity. and nua}• be exercised c•oneurrently, independ- <br />'~ early or sucesssively. <br />.~ 13. Successors and Assigns Bound; Ioint and Several Liability: Captions. The covenants and agreements <br />1 herein con±ained shall bind, and the rights hereunder shall inure tn. the respe~tivt• successors and assigns of Lender <br />tT and Borrower, subject io the provisions of paragraph 17 hereof. All carenant.< and agreements of Borrower shall <br />r., be joint and several. The captions and headings of the paragra~:6~ of this \Iortgagc arc for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. Any notice to Borrower provided for in this ~lortgagc shall b=~ given by trailing such notice by <br />certified mail addressed to Borrower at the Yroperty -lddress stated hcluw. excels for am• nonce required under <br />paragraph 18 hereof to be given to Bm•rower in the utamzer prescrthcd h}~ applirsblc law. any notice provided <br />for in this Mortgage shall he decreed io have beer, given to Borro•,ccr ,vhe^ given ut the manner designated izerein. <br />15. Uaiform Mortgage; Governing Law; Severability. "Phis torm of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited t•anations b}• jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed h}- the Ise• of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Mortgage or the \TOte conflicts with <br />applicable law, such conflict shall not affect other provisions of this \lortgsge or the Note which can be given <br />effect without. the conflicting provision, and to this end the provisions of the \Iortgagc and the Note are declared <br />to be severable- <br />Ifi. Borrower's Cogy. Borrower shall be furnished a conformed copy of this liorigsge at the time of execu- <br />tion or after recordation. hereof. <br />17. Transfer of the Property; Assumptian. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written con_cent. exrhtding (a) the creation of a lien or eneum- <br />brs>nce subordinate to this Mortgage, tb) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of lath upon tl.e death of a joint tenant or (d) the grant of <br />any leasehold interest of three years or Less not containing ar. option to purchase, Lender msy. at Lender's option, <br />declare all the sums secured by this Mortgage to be inuuediateh• true and payable. Lender shall have waived such <br />option to accelerate if, prior to the Bale or t-ransier, Lender and the person to whom the Property is to be sold or <br />transferred reach agreement itz writing that the credit of such person is satisfactory to Lender and thst the interest <br />payable on the sums secured by this Mortgage shall be at such rate as Lender shall request- If Lender has waived <br />the option to 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 shall release Burrower from all obligations under <br />this Mortgage and the Note. , <br />If Lender exercises such option to accelerate, Lender shall wail Borrower notice oI acceleration in accordance' <br />with paragraph 14 hereof. Such notice shall provide a period of not Icss than 3U da}s from the date thc_ notice is <br />trailed within which Borrower ma}• pay the sums declared due. If Borrower fails to pay such sums prtor to the <br />expiration of such period, Lender may. without fin•ther notice or demand on $bt•rower, invoke any remedies per- <br />tritted by paragraph l8 hereof. <br />\tox-I`rrtaonst CovexwsTS. Bort•uwcr and Lender further coveutuzt turd scree as tolkiws: <br />18. Acceleration; Rem@dies. L:xcept :es providc~l iu paragraph 77 horcof, neon liorrower:~ hr•eaeh of any <br />covenant or agreement of Borrower in this \loi•tgage, including thr covcnsueh to pay when due any runes secured <br />by this ~'lortgage, Lender prior to acceleration shall until notice to Borrower as provided in paragraph 14 hereof <br />specifying: fl) the breach: t21 the action. rcquiret': to cure such breach; t,ll a date, not Tess than thirty days <br />from the date the notice is uuiiled to Borrower. he a-hich sut•h hrcuelt must be cared: and Ili that failure to cure <br />such breach on or before tl~tc date specified in rice notice shay result in acceleration of the soots .ceureel by 'this <br />Mortgage and sale of the Property. If the breach is not cared on or befmr the date specited in the notice, Lender <br />at Lender's option may declare all of the sums secured by- this \lortgsge to be immrdiutciy due and payable <br />without further demand and tray foreclose this \la•tguge b}• judicial proceeding. Lender shall be entitled to collect <br />in such proceeding all expenses of foreclcsurc. including, but not limited to, coats of documentary evidence, <br />abstracts and title reports. <br />19. Borrowaia Aight to Reinstate. Notwithstanding Lender's ;u•ccleration of the sums secumti by this <br />A•lortgage, Borrower shall have the right to have any proceedings begun by Lender to cntoree Ibis Jlortgage dis- <br />continued at any time prior to entry of a judgment enforcing this \Iortgagc if: Ia1 Borrower pays Lender all <br />sums which would be then due under this MotTgage, the Note and notes securing Future advances, if any, had no <br />acceleration occurred; {b) Borrower cures all breachos of any other covenants or agreements of Borrower con- <br />tained in this'\4ortgage; tc) Borrower pays alt reasonable expenses incurred by Lender in enforcing the covenants <br />and agreements of Borrower contained in this \Iortgagc and iu enfa•eing Lender's remedies as provided in parsa- <br />graph 18 hereof, including, but not limited to, reawnablc stttorney's ices; suxl rdl Borrower takes such action as <br />Lender may reasonably require to assure that. rho lien of Wis \Iortgagc, Lender's interest in the Yroperty and <br />Borrower's obligation to pay the sums secured by this Mortgage shalt rontiuuc unimpaired. Upon such p:aynzent <br />and cure by Borrower, this Mortgage and the obligations secured hi reb}• shall remain in full fot•ce and effect ns if <br />no acceleration had occurred. <br />2i1. Aasigament of RerNa: Appointment of Receiver; Lender in Possession As additional security here- <br />under, Borrower hereby assigns to Lender the rents of the Property. provided that Borrower shall, prior to acceler- <br />ation order paragraph 18 hereof or abandonment of the Yroperty, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragrapi~ I8 hereof or abandonment of the Yroperty. Lender, in person, by agent. <br />or by judicially appointed receiver shall be entitled to enter unon.takc possession of and manage the Yrnnerty <br />and to collect the rents of the Property, including tfiose pasi flue .411 rents collected by Lender or the receiver <br />shall be applied first io paytnent of the cosis of nzanageruen( of the Property and coilcc•tion of rents, including, but <br />not limited to, receiver's fees, premiums on receiver's bonds uud reasonable attorney's fens. and then to tl.e scans <br />secured by this Mortgage. Lender and the receiver ;hall he liable to account only for those rents nctualh~ received. <br />