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not extend or postpone the due date of the monthh• iustallmc•uts referred io in paragraphs I and 2 hereof or <br />change tl:e amount of such installments. <br />10. $onower Not Released. Extension of the time fm• payment m• modification of amortization of the sums <br />secured by this :lortgage granted by Lender to any suteessor in interest of Borrower =hall not operate to release, <br />in any manner, the liability of the original Borroiarr anil Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured be this \tm•tgegc li}• reason of any demand made b}• the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearrurce by Lender Not a Waiver. :1ny forbearance by Lender in exercising any right or remedy <br />hereunder; or otherwise afforded by applicable laic, shad not be a n ai'rer of or m•eclutle the exercise of any right <br />or remedy hereunder. The procurement nt insurance o:• the payment of taxes ar other liens or chsrges by Lender <br />shall not be a ivaicer of Lender's right to accelerate the maturity of the indebtedness secured 6y this Liortgage. <br />IB. Rsmsdies Cumulafive. All remedies provided in tuts \tar[gage are distinct and cumulative to any other <br />right or remedy under t-his \iortgage or at;urdai I;y law or equin•, and nag} hr exercised cm:curroncly, independ- <br />ently or successiveh•. <br />~ 19. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br />~+` herein contained shall bind, and the rights hereunder shall inure tn, Htc reyteciivc successors acrd assigns of Lender <br />and Borrower, sub•Iect to the provisions of paragraph IS hereof. All covenants and agreements ai Borroccer shall <br />~ be joint and eeceral. The captions and headings of fire Itaragrairhs of this \lortgage are for ronvenience only and <br />=~ are not to he used to interpret. or define the provisions hereof . <br />~ 14. Notice. Any notice to Borrower procitled Cor in this \lurle;agc shall he given ht ntailiug such notice b}• <br />certified utail :addressed to Borroccer _tt the Yrapern- .address gated below, except for an} notice required under <br />~ paragraph 18 hereof to be bivrn to Borrower in rhr manner prescribed he applirairlc lau. an}- notice providcti <br />~ forth this \lortgage ehsl! he deemed [o pace born gn~eu to Burrower witch ,~ivcn m the manner designated herein. <br />I5. Uniform Mortgage; Governing Law; Severability. "this ions ai mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited xariations h}- jurisiiiction to conetitatte a uniform secu- <br />rity instrument. covering real property. This \fortgsge shah iu• governed h~ the tsar of th, jurisdiction in which <br />the Property is located. In the event that am- provision or clsuse of this \lortgage or ti,c \o2x: conP.iets with <br />applicable law, such conflict shall net affect c•Iter I%ravisians ai this tiatrigagr or fhr .vote n-hich can be given <br />effect without the conflicting provision, anti to this chit the prof isions of the \lortgage anti the \ote are declared <br />to be severable. <br />16. Borrower's Copy. Barron-er shall be fm•nished s conformed cop} of this Mortgage at the time of exeeu- <br />tion or after reeordatior. hereof. <br />17. Traasier of the Properly; Assumption. Ii all or an}• part of the Propert}- or as interest therein is sold <br />or transferred by Borrower without. Lender', prior nritter, consent. excluding tat th+ creation of a lien or encum- <br />brance subordinate to this Mortgage. ! b i the creation of a purchase manes securip mterest for household appli- <br />ances, (c) a transfer by devise, descent or by operation ai Ian- upon the dead: of a joint tenant or id 1 the grant of <br />any leasehold interest of three tears or les+; not containing ar, option to purthss~- Lcndcr mac. at Lender's option, <br />declare all fire sums secured by this Mortgage to be inunediatc•h- due ;nnl pa}-able. Lender shalt Mace waited such <br />option to accelerate ii, prior to the sale or trattsier, Lender and dre person [o iebon: the Propcrtc is ro be sold or <br />transferred reach agreement in writing that the credit of such person is satisiactorc to Lem{er and that the interest <br />payable on the stuns secured by this Jlortgage :hall i;e at such rate as I_endrr shsl! request. If Lender hss n lived <br />the option io accelerate provided in this paragraph I" and if Borrower'; succeeor in interest hat executed a writ- <br />ten assumption agreement accepted in writing by Lender. Lender shall release Barrun-er tram sil obligations under <br />this Mortgage and the \ote. <br />Ii Lender exercises sudt option to accelerate, Lender shad mail Borrower nciice of seceleration in accordance <br />nitre paragraph li hereof such notice chat. provide s perioc{ o[ not less ths^ 30 .ia}-~ from the date the notice ie <br />mailed cc•itltir, whieit Borrower :ua}~ ut%y the swna dc•dared due- Ii Borrouet- ='siis t~- i~ac such runts prior to the <br />expiration of such pe:itui. Lender cosy. without futtl:er notice ar demand on Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />Xos-i'srrnau Coc~sasrs. Frr•ruw=_~.• and Lendea- further coctynzttu and ~~ree as follows <br />18. Aeeeleraf;on; Remedies £src{r, > !nvti;ird in paragral~ii 1; hereof, i:pon Borrowers breach o[ anv <br />covenant or agreement of Barroner in thi> \lortgag, , mclu~iing tbt• covenants to l,:xy when due anv sums secured <br />by Lhis Alortgage, Len+ierr pnvr t:, acceler:ntou s!t;tli nt:tii nuucc to Borrower as I%rocnicti in paragraph 14 hereof <br />speeilying: rl) flee brracl.. ~3, tfte aetwn royunetl to rvre such hrcarh: t3; a ;I:ne- not tell than thirty days <br />from the date the hotter i- ntailtni to Iiurru•,+er. In whirl: suci~ l;rcich must be :coed: cud i41 that failure is titre <br />such breach on or before the date sp<rtfie+. m tl;e uotice stay r,•suit in acceleration of rhr >uur secured by this <br />Mortgage and ssle of t};e Prol~,erty. It rite breach is not curcvl ar. ar Ixiom the dar~ epeeifird in rhr notice, Lender <br />st Lender's option ma}- deelsrc alt ai rhr sums secured by tlsis ]l artgsg~° to be inttuedisteic due and psyab!r <br />without Curtner demand and ma} foreclose this \lortgage I,c ludicia! pmrerd;rg Lehrer shall he entitled to collect <br />in such proceeding a]{ expenses of i,~rerlosurr. im;udiug. tot unt limited nz, caste of dorun,entatro evidence, <br />abstract. and title reports • <br />19. Borrower's ffiglrt to Reinstate. \otwithatantiing Lender's arrelc•ratimt o[ rhr stuns secured by this <br />Mortgage, Borrower shall have the right to have any proceedings begun In• Lender to enforce this \lortgage dis- <br />continued at any time prior to entn• of a jud¢rnent enfarcing this \iartgage if: tai Borrower pays Lender all <br />sums which would be then due under this \longagc, the \ote and motes securing I•'uturc Adysnces, ii any, had no <br />acceleration occurred; ihi Borrower cures all breathe, of an}- other covenants or ;agreements of Borrower con- <br />tsiaed in this Mortgage: (e) Borrower pays all rrasanshle expenses incurnY{ be Lender in enforcing rhr covenants <br />and agreements of Borrower contained in this \lortgage and in enforcing I.endcr's remedies as provided in para- <br />graph 18 hereof, including, but not limited to, reasonable attorneys Cers: and id i Borrower take: such action as <br />Lender msp reasonably require to assure that the lien o[ this \iortgage. Lender's ineerest in the Properrv and <br />Borrower's obligation to pay the sums secured by this \lortgage shall continue unimpaired- L-pon such payment <br />and cure by Borrower, this Mortgage and the obligations secured beech}' :.hall remain in full ia-ee and effect as it <br />no acceleration had oec•.rrred. <br />28. Asm>~nt e! Seats: ApQaiatment of Rseeiver; Leader in Possessioa As additional security here- <br />under, Borrower hereby assigns to Lender the rnnts of the Property. provided that Borroner shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />u they become due and payable. <br />Upon acceleration under paragraph 18 hereof or abandonment of the Yraperty, Lender, in person, be agent <br />or by judicially appointed receiver shall be entitled to enter upon. take po* ession of and manage the Property <br />and to oolleet the rents of the Property, including those past due. All rents collected by Lender a- the receiver <br />shall be applied first to payment of the costs of management o[ the Property and collection of rcnt~, including, but <br />not limited to, receiver's fees, premiums on rnceicer's bonds and reasonable attorney's tees. and then to the sums <br />secured by this :4lortgage. Lender and the receiver shall be liable is aecaunt onh• for those rents ar•tu:dly reteivcd. <br />