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not extend ot• postpone the due date of the +nonthly ino+talln+rr;b rrfer*ed to in paragraphs I and 2 hereof ar <br />change the amount o[ such installments. <br />Z0. Borrower Not Released. L:xtension of the lime for payment m• modification of amortization of the sums <br />secured by this 1ortgage granted b}• Lender to any ~urcessor in intrrest of Sorron•er shall oat operate to release, <br />in any manner, the liability of the original Borrower anti Bon•owrr'< successors in interest. Lender shall not be <br />required to eomtnenee proceedings against such successor or reiusc to extend time for payment or otherwise modify <br />amortization of the sums secured by this \lortg:tge in• reason of am demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. .l n}- forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable taw, si:ail not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procwemenc of insurance or the ;,ayinent of taxes or other liens or charges by Lender <br />shalt not be s tvuicer of Lenders right to accelerate the maiurity of t1+e indebtedness secured by this Mortgage. <br />M 12. Remedies Cumulative. All remedies provided in this liortgage are distinct and camuistive t.o any other <br />r • right or remedy under Ibis Mortgage ar afforded I+~- law or equity, and may he cxerc•,ised concurrently, independ- <br />ently or successiaely. <br />13. Successors and Assigns Botmd; Joint an3 Several Liability; Captions. The cotenant; and agreements <br />herein contained shalt bind, and the rights hereunder sftall inure to, the respective successors and assigns of Lender <br />~E and Borrower, subject to the provisions o' paragr:grh 17 hereof. All covenants and agreements of Borrower shall <br />be joint and several. The captions and headings at the paragraphs of this )lortgagc are for rontenience only and <br />d1 sre not to be used to interpret. or define the provision: hereof. <br />~ 14. Notice. Any notice to Borrower provided for ht this Aiortgagv shalt be given by mailing such notice by <br />certified mail addressed to Borrower at rile Propert}• Address srtted below. except ta• any notice required under <br />paragraph 18 hereof to be given to Borrower in the manner prescribed I?y applicable law. ,4nc notice provided <br />for in this Mortgage shall be deeated to have bcxn given to Bun-ower [then given in the manner designated herein. <br />IS. Uniform Mortgage; Goveminq Law; Severability. 'this fcrnt of mortgage combines uniform cotenants <br />for national use and non-uniform covenants with limited variations b}• jurisdiction 20 constitute a uniform secu- <br />city instrument covering real property. 'T'his 1L rtgage shall he governed by ; he late of the jurisdiction ir. which <br />the Property is located. Ht the event that any provision or clause of this liortgage or the Note conflicts with <br />appliesble Jan:, such conflict shall not affect ether provision of t-}cis liortgage or the Mote 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 />lfi. Bonowei s Copy. Borrower shall he furnished a conformed cope of this Mortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Trmasfer of the Property; Assumption. If a]i or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender s prior written consent. excluding (al the creation of a lien or encum- <br />brance subordinate to this liortgage, (b) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by desire, 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 or less not containing an option to purchsse. Lender may, at Lender's option, <br />declare all the sums secured by this 1•Iortgage to be immediately due and payable. Lender shsl] hate waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to w hom the Propert}- is to be sold m• <br />transferred reach agreement in writing that. the credit of such I+zrson is satisfactot•}- to Lender and thst the interest. <br />payable on the sums secured by This liortgage shall be at such rste as Lender sha!1 request. If Lender has waived <br />the option to accelerate provided in this paragrapb 17 and ii Borrower's successor in interest has executed a writ- <br />ten assumption agreement steepled lit writing by Lender, Lender shall release Barrmcer from all obligations under <br />this liortgage sad the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration iu accordance <br />with psragraplt 14 hereof. Such notire ,hall protide s period of not les_ than 30 days from the dste the notice is <br />mailed within which Borrotier may pay the sums decisred due. If Borrower tail, to pry such runts prior to the <br />expiration of such period; Lender may. sithout further notice or demand on Borrower, invai:e any remedies per- <br />mitted by paragraph 1$ hereof. <br />Rozr-ITRtaott~t Goys~a>;re. Borrow°er and Lender furt3ret• t•otenant and a,ree as fallow.: <br />18. Aceeleratioa; Remedies. Except as protitird in paragr:tl,l, I; hereof, upon Borrower'; breach of any <br />covenant or sgreemenG of Borrower in this lIortt:age. including the eotenante to pay when due ant sums secured <br />by thisllortgage, Lender prior io acceleration sl+ail u+sii notim to Bormwr;• as nrotidcd in paragraph 14 hereof <br />specifying: (i) the breach: (~1 the action rectuireii to cure sueit hreaclr;'t31:a date, not less than thirty days <br />from the date the notice is mailed to Borrower. I,c ttitich such hrrudt must be cured; and ill that Cailure to cure <br />such breach on or before the date specified in the notice tuav result in ac•celet•stion of the sinus secured by t}ris <br />liortgage and sale of the Property. If the breach is not ew-ed m: or befcur the date specified in the notice. Lender <br />at Lender's option may declare all of the sutras secured ht this Mortgage to be-immediately due and payable <br />withoui further demand and may foreclose this 3ortgage by ju,iirial proceeding. Lender shall be entitled to collect <br />in sorb proceeding all expenses of foreclosure. in.h+cl^,ng, bet not hunted to• costs of doewttentary etidence, <br />sbstracts and title reports. <br />!9. Borrowor's Right to Reinstate. \otwithstanding Lender', arreleratian of the sums secured by this <br />liortgage, $otrower shall hate the right to hate any proceedings hc•gun by Lender to enforce this liortgage dis- <br />contintred at any time prior to entn of a judgment enforcing this liortgage if: tai Borrower pees Lender all <br />sums which would be then due under thin lIongage. the \ote and notes securing F'utun• Advances, if any, hsd no <br />acceleration occurred; tbl Borrower cures all breaches of am~ other cotert:utrs or agreements of Borrower con- <br />tained in this Mortgage; (cl Borrower pays all reasonable expenses inrurrcvi 1,} Lender in enfaming the covenants <br />and- agreements of $otrower contained in this _liortgage and in eniorring Lrmiir's rentrdies us proyided in para- <br />graph 18 hereofy including, but not limited to, reasonable attorney's tees: and +d i Borrower takes such action as <br />Lender-may reasonably require to assure that the lien of this llongage, Lender's interest in the Property and <br />Bormwer`8 obligation to pay the sums secured by this liortgat;c shall continue unimpaired. Upon such payment <br />and,etzre hp $otrower, this Mortgage and the obligations secured hereb}• halt amain in full force and effect as if <br />no acceleration had occurred. <br />2i1. Aasigament o! Rsnis; Appaintmeat of Receiver. Lender in Possession. As addiiional security here- <br />under, $otiower heieby assigns tolender the rents of the Property. ptrovidckt that Borrower shalt, prior to acreler- <br />ation wader paragraph 18 hereof or abandonment of the Property. l+sve the right to collect and retain such rents <br />sstheybtrcome due.and pays6le: <br />upon acceteration under paragraph. 18 hereof or abandonment of the Propert}-, Lender, in person, by agent <br />or by jtsdieially appoimed receiver sirall be entitled. to enier upon, take possession of and mansgo the Property <br />and to collect the rents of the Property, including those past due. All mots colteeted 6y Lender or the receiver <br />shell be applied first txi payment of the costs.of management of the Property and collc•rtion of rents, including, but <br />not limited to, receiver's fees, premiums on receiver's bonds and rcasannble attorney's lees, sad then to the sums <br />secured by this h3a>•fgage- Lender and the teceiver shall tie liabt~~ to acrounr only tar rhost• rents actualh• rerc iv,,d. <br />