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not extend or postpone the due date of the monthlj• instaliutcnis referred ra in };aragraphs l and 2 hereof or <br />change the amount of such instsllmenis. <br />10. Borrower Not Released. lixtension of the time. for payment or modification of amortization of the sums <br />secured by this AIcrtgage granted by Lender to any successor in interest of Borrower shall not_operate to release, <br />in any manner, the liabilih- of the original Borrotcer ami Borro~ccr:. successors in interest Lender shall not be <br />required to commence proceedings against such successor m-:rfitsc to extend time for payment or otherwise modify <br />amortization of the sums secured by tL•is Mortgage by reason of an}- denutud made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. an}- forbearance by Lender in exercising any right. or remedy <br />hereunder, or otherwise afforded by a}~plicable law, <ball not be a «aiter of nr preclude the exercise of any right <br />or remedy hereunder.'1'he procurewent of insurance or the pscment of lases ur uti:er liens ur charges by Leader <br />shall not be s wais•er of Lenders right tc accelerate 'the msturitc of the indebtedness secured by this ~4ortgsge. <br />I2. Remedies Cumulative. 311 remedies prodded in this \Icrtgage are distinct. and cumulative t.o any other <br />right or remedy under this Mortgage or afforded by law or equity, and may Lc exercised concurrently, independ- <br />~ early or successively. <br />-13. Successors and Assigns Bound; Ioint and Several Liability: Captions. The covenants and agreements <br />~ herein contained shall bind, and the rights hereunder sha!i inure to, the respective successors and assigns of Lender <br />~` and Borrower; =object to the provisions of paragraph 1 ; hemof. 311 cocenantr ami agreement: of Borrower shall <br />~' be joint and several. The captions and headings of the paragraphs of this AIm-tgage are for contenience only and <br />J <br />~ are not. to be used to interpret or define the proctstons i;ereot. <br />~~ 14. Notice. any notice to Borrower provided for in this Mortgage hall he ;,~ivc•n he uuiilmg >uch notice by <br />certified mail addressed m Borrower at the Property dddre=- stated below. rxcept fm• sac notice required under <br />~ paragraph 18 itenoi to be given to Bw~roeer in the manner prescribed by applicable lute. any notice provided <br />for in this AIcrtgage shall be deemed to have hero gtccu to $orrotver n hrr• given in the manner designated herein. <br />I5. Uniform Mortgage; lsoverning Law; Severability. 'Chi= form of mortgage combines uniform cotenants <br />for national use and non-uniform coversnts n-itlt limited cariatimts be jurisdiction to constitute a uniform secu- <br />rity instrument covering sea! properry. This \tortgsge ehall be governed h}• the last of the- jurisdiction in which <br />the Property is located. In the event that any provisimt or clause of *.his Mortgage or the Note conflicts with <br />apnlicable laa•, such conflict shall not affect other provisions of this \lartgage or the Notc w_h_ich An be givgn <br />effect-wii-bout. the conflicting protision, and to this end the protisiors of the \Icrtgage and the Note are declared <br />to be severable. <br />16. Bozrowei s Copy. $orrower shall be fitrnished a conformed copy of this \tortgsge at the time of execu- <br />tion or aftzr recordation. hereof. <br />I?. Transfer of the Property; Assumption. If all or ant part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender; prior written. conseni, excluding lsl the. creatiot: o£ a lien or encum- <br />brance subordinate to this \Iongage, i b i the creation of a purchase money security interest for household appli- <br />anezs, i:c) s trsnsfer by devise. descent or by operation of law upmt the death of a joint tenant or {d) the grant of <br />any leasehold interest of three years or less not eoutainiug at; option to purchase, Lender mac. at Lender's option, <br />declare all the sums secured by this ASorCgage to be hnusedistclc due and payable_ Lender shall hate waived such <br />option to accelerate ii, prior to the :ale or trsnsfer. Lender and the person to n hom the Propert}• is to be sold or <br />transferred reach agreement in writing that the credit of such person is satisiactot~ to Lender and tls*- rite interest <br />payable on the sums secured by this \Iongage shall i:e at .uch rate ss Lender she!; request. If Linder has waived <br />the option to accelerate provided in this paragraph 17 and ii Borrower's sueeessm- in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender. Lender shall release Borrotcer front all obligations under <br />this Mortgage snd the Note. <br />If Lender exercises such option to accelerate, Lender shall loci} Borrower no*.icc of acceleration in accordance <br />with paragrslih 14 hereof. such notice shall prorid~- s period of not less than all days from the date the notice is <br />anailed within which Borrower may par the sums declared due. If Borrotvcr fails ut p:,r such sums prior to the <br />expiration of such period, Lender may. tcithout fun her notice or demand on Borrotcer, incu!te any remedies per- <br />mitted by paragraph 18 hereof. <br />\os-I'stFOax fbve~scTS. Borrower and Lender t'urther caret:ant and a~zrec as t'ollows: <br />1$. Acceleration; Remedies. Escept as pmtided itt paragr:q~i~ 1: hereof. upon Bwrotcct'~ breach of any <br />covenant or agreement of Borrotcer it: rltis \Iortgs;r. including the roten:a,to- to pay ttLen +hu :un- .,<ums secured <br />by this Mortgage, Lender prior to srce}c•ratiun -i:al1 u7ai•. notice to Bonower :i> ;voct.ir+i is ;.arat;rsph 14 hereof <br />speeiiying: ill rice brrsch: i?i the action required to run curet hrrarh'; +3t a d:,tt nut Ic>~ tf:an thirty days <br />from the date dx• notice is tuailed to 13on~oacr. l.c which such hrcart: ums2 br cm~+~~i_ any! +~ ~ runt isilurc to cure <br />such breach on or before fete date specified in the notice u,ay result in srrelerstrut: ,~. ..._ -:nr• ,ccured by this <br />Mortgage and sale of the Propem'. Ii the httsrh :s nut cured or. or bciorc ti:+• dsn ~pertfio+i < the noticr, Lender <br />at Lender's option ma}• deelarr all of the sinus secured h}- flu- AIcrtgage to he imnr•.l::e!rh~ dui and payable <br />without further demand and ma}- ioreriosc• ti;i~ Mortga~~e i,v ;u~ltciul prnrcedinp i ~~n~it^. -h:,id ix' crtitled to collect <br />in such proceeding all exp;n~c-a of iorerio;:ur_ iarlu~lin~, but not hmu.d tn. .+> t~ ui docxm=eaxan- evidence, <br />abstract and title reports. <br />19. Borrowsia Right to Beinatate. Aotnitit~tamiiug Lender, acrelera*.ion ui tl:c -inns secured by this <br />Mortgage, $orroa•er shall have the right to hate any proceedings ]xgun he Ixnde t tit calorie the. \fongage dis- <br />continued st any time prior to entn• of a judgment eniorring the- \lon~~sge :f: ~a+ $urrower pays Lender all <br />sutras which would be then due under the; \Iongsge. the \ote aryl note -ecunng }-utun _~dvanci:-, if any, had no <br />acceleration occurred; ibi Borrorcer cures all hreachts ai :toy other covenants ur :tgnK~ntents of Borrower con- <br />tained in this'.llortgage; (c) Borrower pays all ressunablc expenses ineurrrd by l.c•ndcr ir. rniurcing the covenant;; <br />and agreements of Borrower contained in the Mongagc snd iu enioreing Lc•nder:< remedies us prodded in para- <br />graph 1$ he,*eof, including, but not 3imited to, rcasonahle attorney'. ices, snd ~d ~ Borrou•cr takes such action as <br />Lender may reasonably require to assure that the lien of this Murtgagr. Lenders interest in the Property and <br />Borrower's obligation to pay the sums secured by the= Monga,e shall emttinue unimpaired. ['pore ,uch payment. <br />and cure by Borrower, this Itfortgage and the obligations secured hereby shall amain in full t"once and effeci as if <br />no acceleration had occurred. <br />211. 11~uat of Aar Appointmsat of Receiver; Lender in Possession. 35 additional security here- <br />under, Borrower hereby assigns to Lender the rents of the Propeny. },rovided that Borrower shall, prior to aeceler- <br />ation under paragraph 18 hereof or abandonment of the Property. have the rigirt to collect and retain such rents <br />sa they become due and payable. <br />Upon acceleration under paragraph IS hereof or abandonment of the Yropem•, I-ender. in person, by agent <br />or by judicially appointed teceive~ shall be entitled to enter u}:on. lake possession of and manage the Propem• <br />and to collect the rents of the Property, including those past due. All rents collected 6v Lender or tht: receiver <br />shall be applied fetal to payment of the costa of management of the Property and collection of rent.,, including, but <br />not limited to, receiver's fees, premiums nn receiver'. bonds snd ressonahle attorney's fees.:uui then to the= sums <br />secut•ed by this ortgage. Lender and the receiver shall he liable to account colt for those rrnta actunih• received. <br />