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t_.~___ <br /> <br />not extend or pos(pone the due date of the monthly inatallmetas referred to in paragraphs I and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released. )xtension of the time fm• payment or modification of amortization of the sums <br />secured by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, <br />in any manner, the liability of the original Borrower and 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 by this ]Iortgsge by reason of :tnv demand made by the original Borrower and <br />Borrower's suceessore in interest. <br />11. Forbearance by Lender Not a VNaiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable lau•, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />otrall not be a waiver of Lender's right t.o accelerate the maturity of the indebtedness secured by this Mortgage. <br />'r'°4 12. Remedies Cumulative. All remedies provided in this _riortgage are distinct and cumulative to any other <br />G'4 right or remedy under i~isllortgage or afforded by law or equity, and may be exercised concurrently, independ- <br />~ entry or successively. <br />~ 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br />~ herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />~ and Borrower, subjectte the provisions of paragraph 1 i hereof. all covenants and agreements of Borrower shall <br />' be joint and several. The captions and headings of the. paragrap', s of ibis Mortgage 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 lrro:•ided for in this Mortgage shall be gi:-en by mailing such notice by <br />certified [nail addressed to Borrower at the Property .Address stated below. except fur any notice required under <br />paragraph IS hereof to be gi:•en to Borrower in the manner prescribed by applicable lair. Arn• notice provided <br />far in this Mortgage shall 6c deemed to have been given to Borrower when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. 't'his fonu of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited :-arlat.ions by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the la;v of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this \4ortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Mortgage or the Note :vhich can be given <br />effect without the conflicting provision, and to this end the provisions of the tifortgage and the Note are declared <br />to be severable. <br />16. Borrower's Capy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />i7. Tr®sfer of the Property; Assnmptioa. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum- <br />brance subordinate to this Dortgage, (h) the creation of a purchase money security interest. for household appli- <br />snees, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of <br />any leasehold interest of three years m• less not. containing an option to purchase, Lender may. at Lender's option, <br />declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have :valved-such <br />option to accelerate if; prior to the sale or transfer, Lender and the person to whom the Property is to be sold or <br />transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured b}• this 1ortgage 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 Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is <br />mailed within which Borrower utay pay the scans declared due If Borrower fails to pay such aunts prior to the <br />expiration of such period, Lender may, without further notice a• demand on Borrower, invoke am• remedies per- <br />tnitted by paragraph 18 hereof. <br />Noa-IIrrtgoant Covexanrs. Bm•rower and Lender further covenant and agree ati follutes; <br />18. Aeeeleration: Remedies. Except as provided in p:tragr:gth l i hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower in this Mortgage, including the covenants to I:ay when due any sums secured <br />by this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof <br />specifying: (1) the breach: 12i the action requited to cure such breach; Y3) a date, not less than thirty days <br />from the date the notice is mailed to Borrower, by which suc•li breach must be cw-ed; and 141 that faihtrc to cure <br />'such breach on or before the date specified in the notice may result in acceleration of the stuns secured by this <br />1ortgage and sale of the Property. If the breach is not cured or. or before the date specified in the notice, Lender <br />at Lender's option nuty declare all of the sums secured be this Mortgage to be immediately due and payable <br />without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall he entitled to called <br />in such proceeding all expenses of foreclosure. including, but not limited to. costs of documentary evidence, <br />abstracts and title reports. <br />19. Borrower's Sigh! to Reinstate. \otwithstanding bender's acceleration of the stuns secured by this <br />Mortgage, Borrower shalt have the right to have any proceedings begun by Lender to enforce this ]Sortgage dis- <br />continued at any time prior to entry of a judgment enforcing this Mortgage if: tai Borrower pays Lender all <br />sumswhiehwould be then due under this Mortgage, the'_`ote and notes securing Future Advances, if soy, had no <br />acceleration occurred; (b) Borrower cures aR breaches of any other cocrnnnts or agmements of Borrower can- <br />tsined in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Tender in enforcing the covenants <br />and agreements of Borrower contained in this Mortgage and in enforcing T.cnder's remedies as provided in para- <br />graph 1B hereof, including, but rat limited to, reasonable attorney's tees; end td) Bon•ower takes such action as <br />Lender may reasonably require to assure that the lien of this ~iortgagc. Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment <br />end cure by Borrower, this Mortgage and the obligations secured hereb}• shall remain in full farce and effect. as if <br />no acceleration had occurred. <br />29. Atsigrrpwr-Y ai Aeats: Appayrimeni of Receiver; Leader in Poesesaion. As additional security here- <br />under,Borrower hereby assigns to Tender the rents of the Property. provided that Borrower shall, prior to acceler- <br />ation under paragraph 1B hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon aooeieration under paragraph 18 herof or abandonment of the Yraperty. Lender, in person, by agent <br />or by jndicielly ngpointed receiver shall he entitled tc enter upon, take possession of and umnsge the Profx~rty <br />and to collec6 the rents of the Property, including those past due :Vl rants eollecicd ha Lender or the receiver <br />shall be applied Rrstto payment of the,~ostaof management. of the Property and collcctiun ot• rents, including, but <br />not limited to, receiver's fees, premiums nn receiver's bond. an,l rrasonuhlc attorney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall br liable to account unl~• for t hose rent. aotually rc•eeivcd. <br />