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<br />not extend m• postpone the due date of ti:e mc,thly instalhucnts rcicrrcd to in paragraphs 1 and 2 hereof or <br />change the amount o such installments. <br />1D. Borrower Not Released. Extensimt of fhc time fm' payment or modification of amortization of the sums <br />secured b_r- this Mortgage granted by Lender to sat viceesso- in interiKt of Borrower shxil not operate to release, <br />in any manner, the liabilitt of the original Bormtver and Borroter's successors in interest. Lender shalt 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 i,} reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. :1nc forbearance, b}- Lender in exercising amy right or remedy <br />hereunder, or othencise afforded by ;tpplicablc law, shall not be a n-aiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurauee or the payment of taxes or other liens or charges by Lender <br />shall not be a a~aicer of Lender'. right to accelerate the maturity of the indebtedness secured b}• this \Tortgage. <br />12 Eemedies Cumulative. All remedies provided in ibis \fortgsge are distinct and cumulative to any other <br />~ right or remedy under this Tortgage or afforded by lea or equity, and play iu• exercised epncurrentl7. independ- <br />ently or successively. <br />~ 13. Successors sad Assigns Bound: Join! and Several Liability; Cag6otrs- The cot enacts and agreements <br />~ herein contained shall bind, and the rights hereunder steal! inure to, the respective successors and assigns of Lender <br />~ and Borrower, subject to the provisions of paragraph t i hereof. 311 covenants an,l agreements of Borrower shall <br />..~ ` ba joint snd several. The captions and headings of the paragraphs of this \Tortgage arc for rontenience only and <br />~ are not to be used to interpret or de5ne the provisions hereof. <br />f9. Notice. any nonce to Borrower provided im• in this ATortgage shall be given F,v mailing such uotiee by <br />~ cert.ified trail addressed to Borrower st the Property -lddre:. staled below. ,•xce}tt tar ant- notice required under <br />~ paragraph I8 Itereoi to be given to Harrower in the manner prescribed i,t app;icsble lau~.:1ny notice provided <br />;or in this Mortgage shall be deemed to hate been given to Borrower steer given in the manner desig;ated herein. <br />l5. Uttitorm Mortgage; Gaverning Law; Severability. 'Phis tomt of mortgage combines uniform cotenants <br />for national use and non-uniform cotenants wiiii limite,9 tariations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real propertc. This Mortgage shall he governed by the late of the jurisdiction in which <br />the Property is located. In the event chat any provision m clause of this Mortgage or the Vote conflicts with <br />app.t.,..,,,c , sac„ av„ ..,,, „tt atfc-ct ether prottsp <br />o t•eemt„ ls;v '- °°°,,",let °~°li ° n= of this aTortgsge m• the vote which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are dec]ared <br />W be severable. <br />26. Borrowei s Copy. Borrower shall be furnished s confot-med copy of this \Iortgsge at. the time of execu- <br />tion or after recordation hereof. <br />17. Traas{er of the Property; Assumption. It all or any part of the Propert}• or an interest. therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (aj the creation of a lien or encum- <br />brance subordinate to this Zortgage, tb'r the creation of s purchase money securit}- interest for household appli- <br />ances, (e) a transfer by devise, descent or by operation of law upon the death of s joint Tenant or (dl the grant of <br />any leasehold interest of thee years or ]es rot containing ar, option to purchase Lender tusy. at Lender's option, <br />declare aIT the sums secured by this \ior[gage to be inmte,iiately due and payable Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender snd the Iterson to whom the Property is to be sold or <br />transferred reach agreement in wt-ifing that the credit of such person is satisfsetorv to Lender and that the interest <br />payable on the sums secured by this Mortgage stall br st such rate as Lender shall request. If Lender has waived <br />the optior. to accelerate prodded in this paragraph 1 i and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower f rmn al! obligations under <br />this Mortgage and the Nate. <br />If Lender exercises such option to scceler..te, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereot. $uch notice shall provide a period o2 not. lea than a^0 day-; from *.he dale tl,e notice is <br />mailed within which Burrower may pa}- the sums dcclan~i due. II Bormcrer ;ails to pay such sums prior to the <br />expiration of sech period, Lender mat. without further notice a• demand on Borrower, invoke :tn. remedies per- <br />mitted by paragraph IS hereof. <br />ticts-T~yIFORDf (-bvrsa~as. Borrower and Lender fltrther covenant and spree as :ollotts <br />1$. F-eeelera5oa; Remedies. Except as lu•ovidcvl in paragraph i; hereof, anon Borrower's hreael! of any <br />covenant or agreement of Barraurr in this \Tmtgacr. including the cotenant- to pay when due any sums secured <br />by this \Ioftgage. Lender prior to accrlc•ration sbxil mail notice to Borroter ;t: prn.-ided m paragraph l3 hereof <br />specifying: tl) the breach; +21 the action rcyuired to cure such breach; tar a date, rat less thaw thirty days <br />from the date t}x• notier is ensiled to Borroter, b} which such 6reacl! umst be cored: sad i}: that failure to cure <br />such breach on or ttefore the date specified in ti,e notier utay result in acceleration of the stuns secured by this <br />tilcrtgage and sale of the Property. Ii the breach is not cured or, or before the date specific•cl in the notice. Lender <br />st Lender's option may declare all of the stuns several by tlus \Tortgage io he immediate!t due snd payable <br />without further demand and may toreclae thin \fortgagr by judicial }:roceeding. Lrncfer shalt Ile entrtlyd to collect <br />in such proceeding all expenses o' ierrriosurc. inrlvrling, teat not limits,{ to. costs of docuu,etttsrt evidence, <br />abstracts and title reports. - <br />19. Borraavera Eight to Reinstate. Notwithstanding Lender's acceleration of the saute secured tn- this <br />Mortgage, Borrower shall have the right. to have ant proceedings begun by Lc•ndcr to eniorec this ~tottgage dis- <br />continued at any time prior to entry of a judgment enforcing this \Tortgage if: tar Borrower pays Lender all <br />sums which would be then due under this \Tortgage. the Sote anti notes securing Future arfcsnces, it any, had no <br />acceleration occurred; {b! Borrower cures sli breathe. of any other covenant ar agreements of Borrower con- <br />Lained in this Mortgage; (cl Bo_rzower pays ail reasonable exnetues incurred hq bender in enforcing the covenants <br />and agreerents of Borrower contained in this Mortgage and in enforcing I-ender': remedies as provided in para- <br />graFh TS het'eof, including, but not limited ur, ressanable attorney's fees: anti +di Borrower takes such action as <br />Leader may reasonably requiee to assure that the lien of this \(ortgage. Lender's inter{•st in the Yropexy snd <br />Borrower's obligation to gay the sums secured by this Mortgage sha!1 continue unimpaired. I'pon such payment <br />ark cum by Harrower, this It3ortgage and the obligations secured hereby shall remain ir, full force snd effect as if <br />no acceleration had occtrrnd. <br />~ ~g~t ~ Earrtroe Appaahaeat o! Recaivsr, Leader in Possession :1s additional security here- <br />under, Borrower hemby assigns to Lerder the rents of the Property, provided that Borrower shall, prior to aeeeler- <br />ation tender paragraph IS hereof or abandonment of the Properly, hays the right to collect and retain such rents <br />as they become due and payable. <br />Uptm aeceleratimt under paragrari~ I$ hereof or abandonment of the Property, Lender, in person, by agent <br />or byTtrdicislly appointed receiver shall be entitled to enter upon, take possession of and manage the Property <br />sad to collect the rents of the Property, including these past due. 311 rents collected by Lender or the receiver <br />shall 6e applied first to payment of the costs of «tanagement of the Property and collection of rents. including, but <br />not limited to, receiver's fees, premiums on receiver'. bend= snd rcasonsMe attorney's ter=. and then to the =urns <br />secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents arh,aily received. <br />