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not extend or postpone the due date of the monthh instnlln:en[s referred fn in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released. Isxtension of the time for payment or modification of amortization of the sums <br />secured 6y this Mortgage gr•mted br bender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liabiiiiv 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 \lortgagc In• reason of any- demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Leader Not a Waiver. any- forbearance by I:ender in exercising any right or remedy <br />hereunder, or othct•wise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder The procaremeut of insursnce or the payment of taxes or other liens or charges by Lender <br />snail not he s waiver of Lender's right to accelerate the manu•ity of fire indebtedness secured by this .Mortgage. <br />~ 12. Remedies Cumulative.. 31l remedies provided in this \tortg~ge arc distinct and cumulative to an}• other <br />right or remedy under this Mortgage or affm•ded by- law or equity. and usiy- be exercised concurrentic. independ- <br />r entiv or suec~ively. <br />~+ ~ 13. Successors and Assigns Bouad; Joist 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 ? i hereof.:111 corenuuts and agreements of Borrower shall <br />be joint and several. The captions and headings of the paragraphs of this \lortgagc are for convenience only and <br />are not to be used to interpret or define the provisions hereot. <br />14, Notice. any notice to Borrower providers t"m• in this \lortgagc shall he given by mailing such notice by <br />certified mail addressed to Barrower at the Property 3ddrees Gated below, except for any notice required under <br />paragraph 18 hereof to be given to Borroter in the manner prescribed by applicable law. Any notice provided <br />for in this \gortgage shall be deemed to have been given to Borrower tchen given in the manner designated herein. <br />I5. Uaifornr Mortgage; Governing La•+v; Severability. 'this form of mortgage combines uniform covenants <br />for national use and nor.-uniform covenants with limited variation, by- jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \Iorigage shall be governed by the law of rice jurisdiction in which <br />rite Property is located. In the event that any provision or clause of this \lortgagc or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given <br />effect without the eonfticting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />1£. Borrower`s Copy. Borrower shall be turnis}ted a ronformed copy of this Mortgage at the time of execu- <br />tion er after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or anv psrt 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 s lien or encum- <br />brance subordinate to this Mortgage. tbi the creation of a purchase money security interest far household appli- <br />ances, (c) a transfer by devise, descent or by operation of laic upon the death of a joint tenant or (dl the grans of <br />any leasehold interest of three years or less rot. containing an option to purchase, Lender racy. az Lender's option, <br />declare all the sums secured by this lortgagc to be iuunediateh- due and payable. Lender shall hate waited such <br />option to accelerate ii, 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 by this \lortgagc: shall be at such rate as Lender shall request. It Lender has waived <br />the option to accelerate provided in this paragraph 1"r and ii Borrower's successor in interest ha: executed a writ- <br />ten assumption agreement accepted in writing by bender, Lender shall release Borrower from sll obligations under <br />this Mortgage and the Mote. <br />If Lender exercises such option to accelerate, Lender shall nrsil Bormwer notice of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall protidc a period of riot ]t>~ than 3G day-s from tt;e data the native is <br />mailed within which Borrower may pay the sums declared due. If Borrower farts to ltac ..-uei+. sunv prior to the <br />expiration of such period, Lender may, without funhrr notice or demand on Borrower, irn-ohc ..ny remedies per- <br />miited by paragraph 18 hereof. <br />Via„-I`xrFOaat CwyF3A'_C]'a`. Borrower and Lender further eoceuant anti atrroe> as follow. <br />18. Acceleration; Remedies. Except as-proridcvl in I;aragr:grh li hereof. a}3rtu Borrwrer's hrenclr of anv <br />covenant or agreement of Borrorvt•r in this \lortgagc, inclmling the coverants to p:ry nhcn ~iuc sac stuns securi•rt <br />by this Mortgage, Lender 1+rior to acceleration shall mail notice to Borrower as provuicd m paragrapl: 19 hereof <br />specifying: (ll the breach; t2r the action required to cure such•hreaclr;~ t31 n date, not less thsn tlrirtr days <br />froth the date the notice is mailed to Borrower. tit aitirh saris breach must he cured: sad ~4! [tart faihtre to cure <br />such breach on or before the date specified in the notice mati• result in acceleration of the .unr> secured by this <br />Mortgage and sale of the Ptnpeny- If [he breach is not curer{ or. or before tits date specified ir. the notice. Lender <br />st Lender's option may rieciarc all of the soots secured Ire this Mortgage to be intntcdixteiy due anri payable <br />without further detuand and may foreclose tisis Mortgage by judicial proteeding. Lender shall be entitled to collect <br />in such proceeding all expenses of ioreclosurc. including, but not limited to. costs of docwnentarr evidence. <br />abstracts and title report.. <br />18. Borrower's Right !o Raia:tate. Yottvithstatuling bender's acceleration of the .:ants eeeured hr this <br />Mortgage, Borrower shall have the right to bare any proceedings begun by bender to eninrce this Mortgage dis- <br />eturtinued si any time prior to earn of a iudgment enforcing this \lortgagc if: ra) Borrower pays Ixnder all <br />sums which would be then due under Phis \lortgagc, the Note Gael notes securing Future :advances, if say, had no <br />acceleration occurred; fbi Borrower cures all brescln•s of am- other rorcnnnts or agreements of Borrower con- <br />tained in this Mortgage; (e) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants <br />Gad agreements of Borrower contained in this \lortgagc :md i» eniorcintt Lender's remedies as nrovidrvi in para- <br />graph IS hereof, including, but not limited to, reasonable attorney= fee<; cud id) Borrower takes such action as <br />Leader may reasonably regt$re to assure that the lien of this \lortgagc, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured i>y this \Iortgagtr shalt continue unimpaired. Upon such payment <br />and tare by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect ns if <br />no acceleration had occurred. • <br />~. A~ri$amsat of R~ir Appointment of Receiver; Lender in Fossession. As additional security here- <br />under; Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, bare the right to collect anri retain such rents <br />as Lhey become due and payable. <br />Upon acceleration under paragraph 1$ hereof ar shandontuent of the Property. Lender, in person, by agent <br />or by judicially appointed receiver shall be entitled to enter ulron. tyke possession of and manage the Property <br />and to collect the rents of the Property, including those past due. 311 rent:: colleeteri ht Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rent., including, 6n1 <br />not limited to, receivers fees, premiums on rev-eiver's bonds and reasonable attune±•'~ ice- anri then to the sums <br />secured by this Mortgage. Lender and the receiver shsl! be liable to su•count only for those rent arhrxlly r>ceived. <br />