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<br />not extend or postpane the due date of the monthly instc;lhnent= referred to in paragraphs t and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released. Extension of the time for paymetti or modification of amortization of the sums <br />secured by this Mortgage granted by Lender to env successor in interest of Borrower sl;all not operate to release. <br />in any manner, the liability of thty original Harrower and Barro•,ver's successors in interest. bender shall not be <br />required to commence proceedings against such successor or refuse to extend time far payment or otherwise modify <br />amortization of the sums secured by this \lortgage b}• reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Am• forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any rig:ut <br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this lortgage. <br />IZ. Remedies Cumulative. All remedies provided in this \Iertgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or affordcrt by law or equity, and may be exercised concurrently, independ- <br />M entry orsuecesaively. <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, subject. to the provisions of paragraph 17 hereof. All covenants and agreemen±s of Borrower shall <br />~ be joint and set•eral. The captions and headings ot" the ;taragraphs of this Mortgage are for concenienee anly and <br />-~' are not to be used to interpret or define the provisions hereof. <br />`~ I4. Notice. Any notice to Borrower provided fm• in this \lortgage shall be given by mailing such notice by <br />R certified mail addressed tc Borrower at the Yronrrty Adch•ess stated below, rxcept for any notice required under <br />B! paragraph 18 hereof to be given to Borrower in the manner prescribed b}• applicable law. Any notice provided <br />3` for in this lortgage shall be deemed to have been given to Borrower tcben gicect in rite manner designated herein. <br />I5. Uniform Morgage; Governing Law; Severability. 'this font of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \lortgage shall he governed by the law of the jurisdiction in which <br />tFte Prnpe>fiy is leveled., In the event that. any provision or clause of this \fortesee or the `M1'ote conSicts with <br />applicable law, such conflict shall not affect other provisions of this \lortgage or the vote which can be given <br />effect without the conflicting provision. and co this end the provisions of the Mortgage and the Note are declared <br />W be severable. <br />26. Borrower's Copy. Borrower shall he furnished a conformed copy of this 1fort.gage at. the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. If al] 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 eresiion of a lien or encttm- <br />branee subordinate to this Mortgage, tbt the crearon of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or ttc operation of ]ate upon the death o2 a joint tenant or (d) the. grant of <br />any leasehold interest of three }•eats or ]e~~ not containing at: option to purchase, Lender may. ai Lender's option, <br />declare all the sums secured by this lortgage to be immediately due and payable, Lender shall have waived 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 ai welt person is satisfactory to Lender and that the interest <br />payable on the sums secured by This \lortgage shall be at such rate ss Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 1 e and if Borrower's successor in interest has executed a vttit- <br />ten assumption agreement accepted in writing by Lender Lender shat! release Borrower from all obligations under <br />This Mortgage and the Nate. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof.ueh notice shall provide a period of not le than 30 days iron: the date the notice is <br />mailed within which Borrower mac pay the sums declared due. Ii Borrower fails to hay such sums prior io the <br />aspiration of such period, Lender mac, without further notice or demand on Borrower, invoke any remedies per- <br />~~ by Paragraph 18 hereof. <br />Nor:-L`~tFOa>t (_'avExa:.rs. Borrawer and Lender further cacenanL and anree as follows <br />IS. Atxeleration; Remedies. Except as providc,i in ~+arsgrtl+h 1" hereof. upon Borrower's breaelt of an}' <br />covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sutras secured <br />by this Mortgage, Lender prior to acceleration shall nutil native to Borrower as provided in pat•agraplt 14 hereof <br />speoifying_ (1) the breach; (2) the action required to cure Such breach; t31 a date. not less Htan thirty days <br />ftrotn the date the notice is mailed to Borrower, by whidt such breach mutt be cmxrd: and t 41 that failure to cure <br />such breaelt on or before i,he date specified in the notice may result in acceleration of the sums secured by this <br />lortgage and sale of the Property. Ii the breach is not cured on or before the date specified in the notice, Lender <br />at Lender's option may declare all of the sums secmrd b}• this \lortgage to he imrneciiately due and payable <br />without further demand and mav foreclose tills \lortgage by judicial proceeding. I,encier shall ix entitled to calleet <br />in such praceeding all expenses of toredosurc, inducting. hui not limited to. costs of dcxunrentar} evidence, <br />abstracts-and title reports. <br />19. Borsoaryr'e Right to Reiaatat:. \ota-ithstanding Lender's acceleration of the runts secured by this <br />Mortgage, Borrower shall have the right to have env proceeding; begun by Lender to enforce this Mortgage dis- <br />c~ntiatted at any time prior to entry of a judgment enfo2cing this \lortgage if: ;st Borrower pays Lender all <br />soma which would he then due tinder this \lortgage, the tiote and notes seenrirg Future Advances, if any, had na <br />acceleration occurred; ib) Borrower cures all breaches of any other covenants or agnrments o[ Borrower con- <br />tained in this Mortgage; jci Borrower pays all reasonable ex~tenses incurred by Lender in enforcing the covenants <br />and sgteements of Borrower contained in this Mortgage and in er.[orcin¢ Lender'. remedies as provided in para- <br />graph Ia hertrof, inelttding, btrt not limited to. reasonaile attot•ney's fees: and id i Borrower takes sut•h action as <br />I,xmdtr may rrasanabty reccttire to assure that the lien of this \lortgage. Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. tipon such payment <br />aml wre by Barmwer, this Mortgage and the obligations secured hereby shall remain in full force and effect as if <br />na aceeleratioathsd otxurred. <br />Rfi. : of R~ 1lppognnt>~mt of $aceivez; Lender in Potaseasioa. As additional security here- <br />ttader, Borrower hetreby atttogna to Lender the rents of the Property. provided that Borrower shall, prior to acceler- <br />ation ttder paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents <br />sa they become dne-and payable. <br />IIpon aaxieration under paragraph I8 hereof or abandonment of the Yropert}•, Lender. in person. by agent <br />or by judicially appointed receiver shall be entitled to -enter upon, take possession of and manage the Property <br />sod to collect the rents of the Property, including those past due. All rents collected by Lender or the receiver <br />shall be applied first to payment of the posts of management o£ the Property and rollectian of rents, including, but <br />not united Lo, receiver's fees, premiums en mceiver's bonds and reasonable attarney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall be liable to account anly for those rents actually received. <br />