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not extend or postpone the due date of the monthh' insLillnients referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortisation of the sums <br />secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not .operate to release, <br />in any manner, the liability of the origir;af Borrower and Borrower's ,vccessors 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 Mortgage be reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Leader Not a Waiver. Acv forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable lan , sirsll uoi be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance m• the payment of taxes or other liens or charges by Lender <br />+~; shall not he a waiver of Lender's right to aecelerat^ ±he maturity of the indebtedness secured by this ~4ortgsge. <br />~t-j 12. Remedies Cumulative. All remedies provided in this \Inrtgage are distinct and cumulative to any other <br />~--, right or remedy under this Mortgage or affm-dcd by law or egait}-, am.i may he exercised concurrently, independ- <br />t±t antly or successively . <br />~ 13. $uuceesors and Assigns Bound; Joist and Several Liability; Captions. The covenants and agreetents <br />~ herein contained shall bind, and the rights hereunder shat' inure to, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 1 i hereoi. All covenants and agreements of Borrower shall <br />be joint snd several. The captions and headings of the paragraphs of this \[orrgage are for convenience only and <br />~ are not to be used to interpret or define the provisions hereoi. <br />r.. 14. Notice. Any notice to Borrower provided for in this Aortgage shall be given h}• mailing such notice by <br />certified mail addressed t.o Borrower at the Propern• address Mated below, except for any notice required under <br />paragraph IS hereof to be given to Borrower in the manner prescribed by applicable law. Am• notice provided <br />for in this Mortgage shall be deemed to have been given to Borrower n her, given in the manner designated herein. <br />15. Uniform Mortgage: Governing Law; Severability. 'T'his form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with ]imiteti variations by jurisdictiot to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this \Iortgsge or the Note conflicts with <br />appiicabie iaw•, such Conn"let shalt not affect other provisions of rift: \iortgage or fire Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of this 11orcgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of We Property; Assutnption. If all or any part ~f the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding ia) the creation of a lien or encum- <br />brancesubordinate to this \iortgage, tbl the rrestion of a purchase money security interest far household sppli- <br />ances,(c) stransfer by devise, descent m• by operation oilan upon the death of a joint tenant or (d) the, grant of <br />any leasehold interest of three years or less not containing :m option to purchase. Lender rosy, at Lender's option, <br />declare all the sums secured by this iioitgage 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 s-hom 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 by this \iortgage shall 1>e at sucl: rate as ].ender 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 acce)erste, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall provide a period of not less than s0 days from the date the notice is <br />ensiled w-itlrin which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the <br />expiration of such period, Lender may, n•ithout iunher notice or demand on Borrower, invoke snr• remedies per- <br />mitted by paragraph 18 hereof. <br />itiox-L'~tvosat C'oc~.;axT. Boerower and Lender further oyerant and agree. as follox•s: <br />ltl. Aeeelera6on: Remedies. Except as provided i^ paragraph 17 hereoi, upon Borrower's breach of any <br />covenant or agreement of Borrower in this Mortgage, ineluciing the covenants io pay niun due am- sums secured <br />by this Mortgage, Lender prior to acceleration shalt mail notice, to_I3ortotwcr as l,rov'xicd in paragraph 14 hereof <br />specifying: Ill the breach: (2) the action re<;aired to cure such lcreach; ~4 a date. not less than thirtc days <br />from the date the notice is mailed to Borro:rer. 1»- which wch breach must be cw~ed: sent iI i that failum to cure <br />such breach on or before the date y>erified iu the trotice way result in acceleration of the soots secured by this <br />Mortgage and safe of the Property. If the bresclr is not cured or, or before dre date specif)ed in r.he notice. Lender <br />at Lender": option may declare all of the ;urn, secured be this \iortgage to he inuncdiatclc due and payable <br />without futtlrer demand and may foreclose this Jtortgagc ln- judicia4 proceeding. Lcndcr shalt t,e entithri to collect <br />in such proceeding all expenses of foreclosure, including, but not limited to. ro-ts of documemary evidence, <br />abs-#racts and title reports. <br />19. Borroweis Right to Reinstate. \otwithstanding Lender's acceleration nt the soots secured by this <br />:Mortgage, Borrower shall have the right. to have auy proceedings begun be Lender to eninrr•e this 'liortgage dis- <br />contiaued at any time prior to entry' of a judgment enforcing this \iortgage if: gar Borrower pay. Lender all <br />sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no <br />acceleration occurred; t.b) Borrower cures all breaelres of any other covenants or sgreeme•nts of Borrower con- <br />tained in this :4Iortgage; (e) $orrower pays all reasonable expenses incurred by Lrndcr in enforcing the ew-enstrt-s <br />and agreetents of Borrower contained in this ~lortgngc and in enforcing l.endcr's remedies as providrY{ in para- <br />graph lti hereof, ineitrding, but not limited to, reasonable attorne}•-s iees::md idt Borrower takes such action as <br />bender may reasonably require to assure that the lien of this Mortgage. Lenders interest in the Property and <br />Borrower's obligation W pay the sums secured by this Mortgage shnl{ rontimre unimpaired. L pon such payment. <br />and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as i[ <br />no acceleration had occurred. <br />~- ~ R~nb; lipPOintrneat of Receiver, Lender in Possession. As additional security here- <br />. under, Boriwwei liereby assigns to Lender.the rnnts of tfie Property, provided that Borrower shall, prior to acceter- <br />at5on under paragraph lti hereof or abandonment of the Property, have the right to collect and retain such rents <br />sa they liecomie due and payable. <br />Upon aaeslersf3on tinder paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent <br />or by judicially.appointed receiver shall be entitled to enter ulron, take possession of and manage the Property <br />and to collect the rents of the Property; including those past due. All routs collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rents, including, but <br />not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney', fees, and then to the sums <br />secured'oy this Mortgage. Lender and the receiver shall be liable to account onto for those rents actually received. <br />