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not extend or postpone the due date of the monthly i,•sralhnonts referred to in paragraphs l and 2 hereof or <br />~ change the amount of such installments. <br />~ !0. Borrower Not Released. Extension of the time for payment. or rnodificat.ion of amortization of the sums <br />~j secured by this Mortgage granted by Lender to am• <uccessor in interest of Borrower shall not operate to release, <br />~ in any manner, the liabilit}• of the, original Borrowe:• and Borrowerb successors in interest. Lender shall not be <br />~ required to commence proceedings against such successor or refuse to extend i.ime for payment or otherwise modify <br />0 amortization of the sums secured by this .lortgsge by realm, of any demand matte by the original Borrower and <br />i Borrower's successors in interest. <br />~ 11. Forbearance by Lender Not a Waiver. :sny forbearance by Lender in exercising any right or remedy <br />!1 hereunder, or otherwise afforded by applicable lax , shall not he a wai:•er of or preclude the exercise of any right <br />or remedy hereunder. The procurement oI insurant•e or the pa}~menc of taxes or other liens or charges by Lender <br />shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12: Remedies Cumulative. 3li remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or afforded by law m• equity. and nta}~ he exercised concurrently, independ- <br />ently or successively. <br />13. Successors and Assigns Bound; Joist and Severs! Liability; Captions. The corensnts and agreements <br />herein contained shall bind. and the rights Hereunder shall inure co, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions oI paragraph 17 hereof.:~ll covensnL~ and agreements of Borrower shall <br />be joint and secersi. The captions anti headings of the paragraphs of this Alortgsge arc for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />Id. Notice. Any not-ic:~ to Borrower provided for in this Mortgage shall hr~ t;it en by mailing such notice by <br />t•ertified mail addressed to Borrower at the Property .lddress stated below, cxrept for any notice required tinder <br />paragraph 18 hereof to be given to Borrower in the manner prescribed br npplicshle law. 9ny notice provided <br />for in this \lortgsge shall he deemed to hair been given to Borrow rr n hen gireu in the manner designated herein. <br />IS. Uniform Mortgage; Governing Law; Severability. This term of mortgage combines uniform covenants <br />for national use and non-unifornt corensnts n•ith limited variations he jurisdiction to constitute a uniform secu- <br />rity instrument covering real properly. This \lortgsge shall be governed b}• the law of the jurisdiction in which <br />the Properly is IocatPd. In the event that any provision or clause of this \igrrgagc ar r1,e Na±r conflials will: <br />applicable faa-, such conflict shall Hoc 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 Mortgage and the Note are declared <br />to Ile severable. <br />Ifi. Baarower's Copy. Borrower shall be furnished a confornx•d cop}• of this \lortgsge at the time of execu- <br />tion or after recordation hereof. <br />17. lrtmsfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred by Borroner without. Lender ~ prior written consent_ excluding tat the creation of a lien or encum- <br />brance subordinate to this 3ortgage• i b i the creation of a purchase money security- interest for host-cehold sppli- <br />snces, (ci a 'transfer li}• devise, descent or by operation of fat,- upon the death of a joint tenant or idi the grant of <br />sny leasehold interest of three years or less rot containing an option to purchase. Lender rosy. at Lender's option, <br />declare all the sums secured by this Mortgage to br• ianuediatch riot amt nayabic. Lender shall bare waived such <br />option to accelerate ii, prior to the sale or transfer. Lender and the person to wham the Ycroperty is to be sold or <br />transferred reach agreement in writing that the credit of such person is savsiartun to Lender and that. the interest <br />payable on the sums secured by this Mortgage shall be at sorb vary as Lender :half request. Ii Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrower's surc•essor in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall reies.:e Burrower from all obligations under <br />this Mortgage and the 2Qote. <br />If Lender exercises such option to accelerate, Lender shall Hari] Borrower aotici+ of acceleration in accordance <br />witlc paragraph 1§ hereof. Such notice shall provide s lter r;ot lea than :it) ,.la~,~s from the elate the notice is <br />mailed within which Bortou~er may pay the locus deck: li Bot•rowe•r ;'at. t„ ;,~„ sudt sums prior to the <br />expiration of such period, Lender may. without furtlut :rn:and on Borrower.:nvoke any remedies per- <br />mitted by paragraph 18 hereof. <br />\ri~-L't.-rtva+t C'ovr;~a~r. Rvrrotser anti Ltndcr further ,•rr,•nttni an,3 srr,•e a, iolliru•s: <br />1B. Acceleration; Remedies I:xr2pt .rs prortd~~<I tr• t,arsgr::t,~: t ~ ':, n•c,;.:cl,uc Borrower'. breach of xny <br />covenant or agreement of Borrower in tills Aiuttgagr•. niclu,itag tl„- roc,-rant- rt, par when due am' sums secured <br />by 3hi, _1Sortgage, Lender pour to aeceleratum Tall nt:,, Hoary to Burrusrr a~ ;,rovidtvi in paragraph 14 hereof <br />specifying: il) the breach: i2, the act ton rtY;m:~•,! to run• sorb brrarit: t31 trdstc. not less than thirty days <br />from the date the notice is nta~ile,l to Borrow~rr. l,ti~ :;loch sue•i. hr,ach stoat be cun-,i. and t4 r that fai'ure to cure <br />such breach on or before the date sperifieti in the Warier m:tr restth in aceetcraiian of the sums secured by this <br />\lortgsge and sale of the Properly. II the Firs-left is not eun~i or. ur before lily duty s~crtied in the notice, Lender <br />at Lender's option rttay declare a!1 ui tl:e suns secured l;v tilt, llartgsge to t,c inuuc•tliateiy due and payable <br />without fort-her demand ar. may foreclae this Martgsgc hr 9udirial prxeeding. Lender shall be entitled to collect <br />in such proceeding all expenses of iorrlasun•. including. but not hooted tu. volts of docutnentun• evidence, <br />abstract= and title reports. <br />19. Sorros-~r'a Right to Reiaatste. \otuithstanding Lender's acceleration of the sum= secured by this <br />Mortgage, $orrower shall have the right to bare sny proceedings ttegun by Lender :o enforce this liortgsge dii- <br />eontintted at any time prior to entry of a judRcnent enforcing this \Sorfgage if: tar Borrower pays Lender all <br />sums which would be then due under this Mortgage, the \ote :rod Hate, securing F'nture .ldrances, if any, had no <br />acceleration occurred: fhi Burrower curet all breathe. of any other covenants or agreements of Borrower con- <br />tained in thie'tlort¢a¢e; tc i Borrower pays all yea.-~nablt• ex;:rnsc: inrr;rr>;i 1,i~ 3.rnilrr in t•nforting the covenants <br />and agreements of $orrower contained ir. this \lortgagr and in cniorcing Lender'< remedies as provided in para- <br />graph 18 het•eof, including, but not limited to, reawnsble attorney's fee:: and i d i Boreower takes such action as <br />I,ettder may reaaanably require to assure khat the lien of this 1ortgage. Lender's interest in rite Property and <br />Borrower's obligation to pay the sums secured by this Martgagc shall continue uniml?sired. Ligon such payment <br />and enre by Borrower, this I-iorigsge and the obligations secumd hereby shall remain in full force and effect as if <br />no atneksstiaa had occurred. <br />3D' ol< Bps; Apnomtm~t of Reced--ar Lender in Poeaeasioa .~; additional security here- <br />ttteder, Borrower hemby assigns to Lender the rents of the Property. proricied that $orrotcer shall, prior to aeceler- <br />ati~ tinder paragraph 18 hereof or abandonment of the Property, bare the right to collect and retain such rents <br />as they become due and payable. <br />Bpon aoceleratian under paragraph 18 hereof or abandonment of the Property. Lender, in person, by agent <br />or by judicially appointed receiver shall he entitled to enter ulron, take possession at and manage the Property <br />and to collect the rents of the Property, including those past due. ill reins collects<I 6v I.endcr or the receiver <br />shall u~sfrpiied first to payment of the costs of management of the Property and collection of rents, including, bpi <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall be liable to account and}• for those rents artualh• received. <br />