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not extend or postpone the due date of the mondtlc inst:dhnents referred to in paragraph= I and 2 hereof or <br />c}tange the amount of such installments. <br />10. Borrower Not Released. I+;xt.ension of the time for payment or modification of amonizatian of the sums <br />secured by this Mortgage granted by Lender to any successor in interest oC Borrotcer shall not operate to release. <br />in any manner, [he liability of the original Borrower and Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against. such successor or reinse to extend time for pay ment or otherwise modify <br />amortization of the sums secured b}' this Morigsge !.}• reason of any demand made he the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waivez. :1try• forbearance by Lender i^ exercising any right or remedy <br />hereunder, or othenvisn afforded by applicable law. shall not i,e a u•ai:er of or preclude the exercise of any right <br />~ or re•nedy hereunder. The procurement of insurance or rite pacmen[ of taxes or outer liens w• charges by bender <br />Ly.'. shalt not he a u-aicer of Lender's right to accelerate the maturity of [he indebtedness recured by this \lortgage. <br />~,' 12. Remedies Cumulative. All remedies prodded in this .llortgsgc arc ciisnnct. anti cumulative to an}• other <br />right or remedy under this Aortgage or afl'orch'd b}~ L•nt or equity, trod may- hr exercised cmun:rrently. independ- <br />'- ently or successively. <br />Y 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The cotenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure tc, the respeetice atrecesors and assigns of Lender <br />and Borrower, subject to the protisions of paragngth 17 hereof. All cotenants and agrecuxnts of Borrower shall <br />~ be joint and secernl. T}te cannons and headings of the paragraph= of this Aortgage are for camenience only and <br />axe not to be used to interpret or define the provisions hereof. <br />14. Notice. Any rootlet to Borro+ter protideti for it: thts \lortgage sitali he given by ;nailing such notice be <br />certified mail addressed to Borrotcer at the Yropern -Address >utu•r( below, t:ecepr for :uty nonce required under <br />paragraph 1$ hereof to be giten to Borrotcer m the warner preacrbed be applirtbh• Iat+~. Any nohee prodded <br />for in this Mortgage shall he deemed to irate bee-n ttiven to Borrro+ter ttiicn giten m the manner designated herein. <br />15. Uniform Mortgage: Governing Law: Sevezability. 'I'hi~ Torn; of utm-tgage combines unifm-m covenants <br />for national usv and non-uniform covenants with limited tariations 6c jurisdiction to cotstitute a uniform secu- <br />rity irstrument covering yes'. properi.y. 'T'his \Ioj-tgagc steal! be governed in• the la+c of the jurisdiction in which <br />the Property is located- In dte event that am' prot-ision or clnusc of this Aortgage or the dote conflicts with <br />applicable lau-, such conflict- shall not affect other protisions of this Mortgage or the lroie which can le given <br />effect without the conflicting protision, and to this end me protisions of the Mortgage and the ~Vota are declared <br />to be severable. <br />I6. Borrower's Copy. Borrotcer shall he furnishers a confot•med copy of this \lortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. Ii all nr ant part of the Property or an interest therein is sold <br />or transferred by Borrower without Lenders prior writter. consent. excluding (al the c•reatiou of a lien or encum- <br />brance suhordinaie to this \lortgage, Ill the creation of s purchase money security interest for household appli- <br />ances, ts) a transfer ly devise, descent or h}• operation of law upon the death of a joint tenant or !di rite grant of <br />any leasehold interest of three years or less not containr.:~ an option to purchase, Lender mac. at bender's option, <br />declare all the sums secured h}• this :lfartgage to le numedisteh- rfue and parable. Lender shall hate n aired such <br />option to accelerate if. prior to the sale nr transfer. Lender amd the person to whom rite Property is to be sold or <br />transferred reach agreement in writing that the credit ni such person is satisiactor}- to Leerier and that the interest <br />payable on the sun>r secured by this \lortgage shall he at such rate as bender shall request. Ii Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borron er's successm• Sn interest has executed a ta-tit- <br />ten acumption agreement xecepted ih writing l}• Lender, Lender shall release Borrower iron sli obligations under <br />this Mortgage and the vote. <br />If Lender exercises such optior. to accelerate, Lender sla!I alai] Borrower no*.ice of acceleration in accordance <br />with paragraph 1~ hereof. ~ueh noticr shall provide a period of not less than 30 days from the= date the notice is <br />mailed within ++•hicl Borrower ma}- pad- tle sums de~larPd due. If Borrower iail> tc ;st such sums prior to the <br />expiration of such period. Lender may, without funkier notice or dentand on Borrower, it:voke any- remedies per- <br />mitted by paragraph IS heteoi- <br />Sos-L-stFOnat CetF~asrs. Borrower and Lender ftn•ther cotenant and ag~re~ ns fo3iou°~ <br />18. Acceleration; Remedies. F_xecpt as ;»ocidc•~i its paragra;,l: I ~ hereof. t:pon Borrower's hreacit of any <br />covenant. or agreement of Borrower in th_ Akongage, inc•ludinc the covenants to pat +tht•n due any gums secured <br />by this Mortgage, Lander prior to acceleration sitali man nonce, ttr 13ttrt4t4r:,~ as proti~_it.l in paragraph 24 hereof <br />specifying: i11 the breach; +2e the action rcquirai to curt suet; ~reach..l~ a d:,m- not less that. thine data <br />from the date the notice is mailed to Burrower. Lc w l;irl; sorb breach mutt be cw~Yi: and id i tlru fsihuc to cure <br />such breach nn or before the date specified in the notice• uuay- resuh in acceleration ni the >mn< secured by thin <br />Rortgage and sale o1 the Propertc- If rite bread: is not cured om or 1>eiore the :isle specified in the notice. Lender <br />at Lender's option tea}- declsm :ill of the sums secured by this ASortgagc to be immer,isn•lc dut• and trayahle <br />without iurtherdemand an<i mac foreclose ens ~knrt;;agc by ~udu•ial proceeding Lerdcr shall he entitled to collect <br />in sneh proceeding ail expenses of ioreciosurc, tnciu~ling. but not blurted to. costs of docmttentan- evidence, <br />abstracts and title reports. <br />19. $orroweis Sight to Reinstate. Aotwitistanding Lender'. scceleratior, of the runts secured bt- this <br />lLfnrtgage, Borrower shall have the right to hate an}- proceedings hegur. Icy- Lender to eniome this ltongage dis- <br />continued at any time prior to entrp of a judgment enforcing this ~Inngage if: tai Borrower pays Lender all <br />sums which would be then due under this \lortgage, the \ote :end notes securing future Adcanees, it' any, had no <br />acceleration occurred; tbl Borrower cure: all breathe-s of an}• other cotenants or agreement= of Borrower con- <br />tained in this :4fortgage; (cl Borrower pays all reasonsllr cxperses incurred by Isnder in enforcing the covenants <br />and agreements of Borrower contained in this ~Iortgagc and at enfmking Lender's remedies as provided in para- <br />graph 18 hereof, including, but not limited tn, reasonable :attorney's lee=: and +d t Borrower takes sucl action a; <br />Lender may reasonably require to assure that the lien ni this Mortgage. Lender's irtemat in the Property and <br />Borrower's obligation to pay the sums secured by tht- \lortgage ,hall continue unimpaired- i"pott sneh payment <br />and cure by Borrower, this 14iortgage and the obligation. secured hereby shall remain in full fmre and effect as ii <br />no acceleration had oceurt•ed. <br />2fL A+ieignm~t of $~ts: Appointment of $eeeivsr: Lender in Possession. As additional security here- <br />ttndar, Borrower hereby assigns to Lender the trnls of the Prolxrty. proc'tded that Borrower shall, prior to acceler- <br />ation under paragraph IS hereof or abandonment of the Property. hate the right to collect and retain such rents <br />as they become due and payable. <br />IIpon acceleration under paragraph 1$ hereof or abandonment of the Yropeny. Lender, in person, by agent <br />or by judicially appointed receiver shall he entitled to eater upon, take possession of and manage the Property <br />land "to eatleet the rente of the Property, ineitxling throe past due. 311 rents eollecfed I,~ Lumi.•r ut t',;e-:~,i+~r-- --- - <br />shall be applied first to payment of the costs of management of the Propertc and collcetio^ ai rcnL . including, bur <br />not limited ta, receiver's fees, premiums on receiver's bonds and reasonable sttornt•t's ic•c•s.:utri then to the sums <br />secures by Lhis L'Fortgag2. Lender and the :•ec-elver shall he li:ibir to arraunt unit- for ihosc rents sc•tuail~• trceiteri. <br />