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I <br />1 <br />not extend ar postpone fhe due date of the monthly instalimetas referred to i^ paragraphs I and 2 hereof or <br />change the amount of such installments. <br />Ill. Borrower Nat Released. Extension of the time for payment. or modification of smortization of fire sums <br />secured by this \dortgage granted by Lender to sny successor in interest oC Borrower shall net operate to release, <br />in an}• [Wanner, the liability of tt:e origins! Borrower and Bor•otecr's successats in interest. i,ender sha}I not be <br />required to commence proceedings against such successor m• refuse tc extend time for payment. or otherwise modify <br />smortization of the sums secured br this Mortgage be reason of any demand tirade by the origins! Borrower and <br />- Bormwer's successors in interest. <br />11. Forbearance by Lender Not a @itaiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not he s waiver of or preclude the exercise of any right <br />or remedy hereunder. The l;roctnement of insurance or the payment. of taxes or other liens or charges by Lender <br />shat! rot tie a waiter of Lender's right to accelerate the maturity of the indebtedness secured by this Dlortgage. <br />~ 12. Remedies Cumulative. Ali remedies provided in this !iortgage are distinct and cumulative to any other <br />~, right or remedy under this Mortgage or afforded by- last- or equity, and maq be exercised concurrently, independ- <br />entry or successively. <br />~ I3. Successors and Assigns Bound; Joint and Several Liability; Captions. The cotenants and agreements <br />herein contained shall bind, snd the rights hereunder shsII inure to, the respective successors and assigns of Lender <br />"'' and Borrower, subject io the provisions of paragrapi~ 1 i hereof. All covenants ;rod agreements of Barrou•er shall <br />'~ be joint and several. The captions and headings of the paragraphs of this \iortgage are for convenience only and <br />are not to be used to interpret or define rite provisions hereof. <br />~ 14. Notice. any notice to Borroner prodded for m this Mortgage shall he given b}• mailing such notice br <br />. r certified mail addressed to Borrower at the Yropenc Address srued below, except for any unfree required under <br />paragraph Ifi hereof to tx given to Borrower in the manner prescribed be applicable late. Any notice provided <br />for in this \Iartgage shall be dzemed to hate born given to Harrower when giten in the matmer designated herein. <br />I5. 37nifotrm Mortgage; Governing Law: Severability. '1 his farm of mortgage combines uniform cotenants <br />for national use and non-uniform covenants wiz!; limited variations by iurisdict-ion ±o corstitute a uniform secu- <br />_- rity instrument covering rest property- •I•ltis Mortgage shat! Le goterneei by- the law of the iarisdiction in which <br />the Property is located. In the event that any provision or clause ai this ltartgage or the Vote conflicts with <br />__ sp»licable law-, such conflict shall not affect other provisions of this Mortgage or fhe V'ate which can be given <br />_ effect withous [he conflicting provision, snd io this end the pro, isiors of the \iortgage :rod the \ete are declared <br />to be sevsrabte. <br />36. Borrower's Copy. Borrower shall be furnished a conformed copy of this \lortgsge at the time of execu- <br />Lion or aftzr tecordaiior. hereof. <br />17. Transfer of the Property: Asstrmption, Ii alt or sny part of the Property or sn interest therein is sold <br />or transferred by Borrower without Lender's prior written censert, excluding {a) the creation of a lien or encttm- <br />brance subaxlinate to this iortgage. tbl the crearen of a purchase money security interest for household appli- <br />sn~es, {cj a transfer by devise, descent or be operation of law upon the death of a joint tenant ar id) the grant of <br />any leasehold interest o2 three years or less not containing an option to purchase. Lender may. at Lender's option, <br />declare all the sums secured by this 3iorigage to be inunediatcl} due snd payable. Lender shall have waived such <br />option tc seceleraie ff, prior to the sale or transfer. Lender and the person io whom the Pmpem- is to be sold or <br />transferred reach agreement in writing that the credit of such person is satisfacton- to Lender and that the interest <br />payable on the sums secured by this Jiortgsge shall ire sf such rate ac Lender shall request. Ii Lender has waived <br />the option to accelerate provided ir. this paragraph I i and if Borrower's successor in interest has executed s writ- <br />ten s~umptior. agreement accepted in writing by Lender, Lender shall release Berrotser frwn ail obligations under <br />tbi$ Mortgage an3 the'tiate. <br />if bender exercises such option to accelerat^. Lender shall mail Borrower notice of acceleration in accardanee <br />with paragraph 34 herrroi- iuzh natit~r shsl provide s period of not less titan 30 days from the date the notice is <br />mailed tt-ithin which Harrower may pay- the cunt, declared due. If Borrower fails to pay sir : sums prior to Lhe <br />expiration of such period. Lender rise. without further notice or demand on Sanower. irvokc any remedies per- <br />mitted by paragraph iS hereof. <br />\o~-T.•va~naa[ t'<tvs:cnx•ts. Bort•on-er and Lender iurtlter covenant and agree as follotcs: <br />l~ Acc~alaration: Hemediea Eacept a. nrot:dttl in l:ara;rank I. ltcreoi, upon Borrrower'= breach of any <br />covenant: or ag.-iisnent of Borrower in tE:i= _llo ~,aer. includhng the covenants to pay whir, glue am stm;s secured <br />lay this !iortgage- tenter;+ria: to accelcrstio,e ~l,all ;n:.il nattcc to Barnttter a- l~rotidcYi in paragraph I-t hereof <br />specitving: tll the b:racht c2t the action required to aurc such breach: t3) a date. not Ica than Thirty days <br />from the date titr notice is :nailed to Borroter. by which such breach must be rm~ri: and i-1~ th;it failure to cure <br />.ueh breach an or before trite flat: specified in the ratite mac result ir- acceleration ai the suds secured tn• this <br />\lortgsge and sale of the Pralxrty. if the breach i= not cured or. ar beiotr the date specified in the notice. Lender <br />at Lender's option mac declam all of the aunt secured be this \iortgage to be immediately due anti payable <br />without further demand and mar foreclose this \lortgsge by judicial proceeding. ],ender shall be entitled to collect <br />in sttcb proceeding ail expenses of foreclosure. including. but not limited te. costs of decumentan- rtidence, <br />abstractr> and Lille reports. <br />19. Sarrow~r'a Ri~rt to Rsirtatato. Vo[wiihstsnding Lender's areeieratiot: ai the aunts secured by this <br />Mortgage, Borrower shall have the right to itse-e ant nrareetfirgs begun by Lender to enforce this Mortgage dis- <br />carttiatred at any time prior to entry of a judgment enforcing this \lortgsge ii: ia~ Borrower pays Lender all <br />soma vrhieh waald be then due under this Mortgage. the Vote and notes securing Future :advances, if any, had no <br />- aEaeleratian occurred; !bt Borrower et:res all brescl;es ei any other covenants or agmemerts of Borrower con- <br />- twined m this Mortgage; 4c) $orrower pays ail reasonable expense. incurred by Lender is enforcing the covenants <br />- amt agreements of Borrower c-antsinett in this ~iartgsge and in enforcing bender's remedies as provided in para- <br />graph 18 hereo#, including, but not limited to, rc•~,~nsble attorney's fees: snd tdc Borrower takes such action as <br />Deader may reasaaabty regtdre to assure that the lien of this Mortgage. Lender's interest in the Property and <br />°..,. ms's obligatiaa tc pay L'~ sums st~ured by thin iortgage =lea'-! continue unimpaired. L', an such payment <br />sndiaare by Borrower, this Mortgage and the obligations seeurecl hereby shall remain in full force and effect as if <br />~ seoelaatioa bad occurred. <br />TB. Amt ai RsaL: 11ppa~lra~t ~ Rerxivsr; Leader in Poasessioa As additional security here- <br />under, Borrower hereby sasigns to Leaderihe rents of the Property, procidecl that Borrower shall, prior to acceler- <br />_ alarm under paragraph IS hereof or abandonment of the Property, hAVe the right to collect and retain such rents <br />as thep bec€rme due alai payable. <br />IIpon acceleration under paragraph 18 hereof or abandonment of the Yropert}•, Lender, in person, by agent <br />or by judiciatiy appointed receiver short be entitled to enter upon, take possession of and manage the Property <br />and to collect the rents of the Property, including those past due. All rents collected by Lender or the receiver <br />shalt be applied first to payment of the costa of rnanagement of the Property and collection of rents, including, but <br />not limited to, receiver's fees, premiums on mceiver's bonds and reasonable attorney's fee,:. and then io the sums <br />secured by this Mortgage. Leader and the receiver shall be liable to account onh• for those rents actt:i+Ily received. <br />