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<br />not extend or postpone the due date of the monthly iustnllntent reftr:•ed to in paragrsphs 1 and 2 hereof or <br />change the amount. of such installments. <br />10. Borrower Noi Released. );xtensian of the time tar pay:utnt or modification of amortization of the sums <br />secured by this :1'fortgage granted by Lender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liability oP the original Borrower :rod Bm•rou'cr's vccessors in interest. Lender shall not be <br />required to commence proceedings against such successor a- refuse fn extend time for payment. or otherwise modify <br />amortization of the sums secured by this >Ioi•tgage be resson of :ury demand made h}' 'the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver, :in`• farleartncc by Lender in exercising ant right or remedy <br />~ hereunder, or otherwise afforder by applicable la',v, siutli not he a waiver of ar l;reclude the exercise of any right. <br />or remedy hereunder. Tha procurement of insurance or Ute psyntent of t-axes or other ?lens or c}targes by L-ender <br />~ shad not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />~ 12. Remedies Cumulative. X11 remedies nroviderl in this \lortgage are distinct and curnulstive to any other <br />~ right or remedy under this \lortgage or afforded by !alt or tquit}-, and may be exercised concurrently, independ- <br />entiy or successively. <br />~ 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The cotenants and agreements <br />herein contained shall bind, and the rights hereunder shall imu'c ta, the respective successors and assigns of Lender <br />~ snd Borrower. subject io the provisions of paragrapl: 1? hereof. All cotenants and agreements of Borrower shall <br />`~~ 6e joint and several The captions and headings of the paragraphs of this 1[ortgage are for contenience only and <br />sre not io be used to irierpret or define the protisions hereof. <br />14. Notice. any notice to Borrower prodded for in this 1lartgage shall 6c often b}' mailing such coffee by <br />certified utail addre~~ti to Borrower st thr Property Addres> stated below. except far arn• rent-ice required under <br />paragr ph 1fi hereof to be given to Borrae-cr in rite manner prescribers by applicable lie-. ant notice prodded <br />for in this 1lortgsge shall bt deemed to hstc been gitrn to Borra;ter when gitert in the manner designated herein. <br />15. Uniform Mortgage: Governing Law; Severability. 'Chia farm of mortgage combines uniform cotenants <br />for national use and ton-uniform cocenattts will: lintitr•d tariatians ht iuriaiiction ±o constitute a uniform secu- <br />rity instrnment covering rest proaeric. This \lortgage shall Ise gaventeri b}- the law of the jurisdiction in which <br />the Propene is located. In the ____ - 1;;;.,-:w, .,, =e or *l,i; 110 - - ^r th:. \„~ _nnirtc -~;th <br />applicable law-, snob condict shad not ~sffect (other proctsian- oi~~this 1langage~ or~the ATatc which -can be given <br />effect without the conflicting protision, and to ;i:is end the pro;•isiota of the 1lortgage and the \ote arc declared <br />Yq be severable. <br />16. Batrawei s Copy. Borrower snail he furni.Merl a caniorated rop}- of this 1lortgage at the time of execu- <br />tion er after recordation hereof. <br />17. Transfer of the Property; Assumption- Ii all ar any Hart of t!te Properly or an interest therein is sold <br />or transferred by Borrower without Lender': prior rvri;ten ra^sent, exciudirg i a) the creation of a lien or encum- <br />brance subordinate to this Mortgage. +b i the creatiar. of a purchase money security interest. far household appli- <br />snees, tcj atransfer be devise, descent ar by operation of tart upon the dtaih of s joint tenant or tdt the grant of <br />any leasehold interest of three years or less not tontaim::~ sr, option to purchase, Lender rnay. at Lender's option, <br />declare all The sums secured by this Mortgage to be in~:mer,iatch- ,sue and payable. Lender shall hate waived such <br />option io accelerate if, prior to the ssle or :ransier, Lender :u:ri tae person to ;thou: the Prapertt- is to ba sold or <br />transferred reach sgreement in writing that the credit ai sutii person is satistacton to Lender and that the interest <br />payable on the sums secured 'by this \lortgage strati be :u such rste as Lender shall request. I` Lender has waived <br />the option to accelerate provided in this patxgrapl: 17 snd if Borrowzr's successor in interest has executed a writ- <br />ten aa-sttmption agreement steepled in writing fry Lender. Lender shall release Borrower from all ohligaiions under <br />• this l3ortgage and the ?~ ote. <br />II Lender exercises such option to sc•celerate, Lender shall retail Borrower no*.ice of scceleration in accordance <br />with paragraph 14 hereof- loch notice shsil prof i;ie a period of not less thsn .i0 da}'s froth the dale the notice is <br />ensiled within which Borrower mac p:tc the vents detltred due. Ii $orron'er fails to pa} suet: sums prior to the <br />expiration of such period, Lender rosy. without further native or de*.uand on Borrower. intoft, ant remedies per <br />rnitted isy paragraph 18 hereof. <br />\prc-I-~:icsu Coe: ti.bx'rs. Rc:-t'r~wer and i.ende: t'urtlter ru;'enani aura arec• a. follow; <br />I8. Acceleration: Remedies Except a> lua~i:l~•d in Isrragr-qr!r I~ brreaf. upon Borrower's breach of any <br />covenant or agreement of Borrower in this 11ar;,::e, . inciu:Lz:g th~~ ootenants in pa}• when due sin soots secured <br />by this liortgage. Lender prior to arceleraumr xisii retail norec to Barrutcor :ss In'o;~l[tc:i in I+aragrshL• li hereof <br />s~cifying- tl} the breach: +?t the action regvn'cd :, r:n~o wt!; i:reacL. t3s s date_ not leers than thirty dag•s <br />irons the date the notice is v:ailed to Barro;ccr, b~ n hicL curl: !ar-sci: must be e::~t•:i; any! id; that fsilurc to cure <br />such breach an ar before the date specified in tirrr nottcc• mac result in aeceirratio;s of file suns soured by this <br />~iangage and sale of the Propem-- Ii the brooch i~ not turei or, or befon• the date specified in the notice. Lender <br />at Lender's option may detlsrr all of the sutn> secured ht tins lfartgsge to l,e i:nme~iisteic due and payable <br />without further demand snd ms. faretlose this ]lortgage be ,iudicial prat ~~jing- Lender sbs11 be entitled to collect <br />in such proceeding nli exper.-~~ of f<~rec;osurc. :neiu,line, but rot iinutr:i to. costs c. ,'soctnnentan- etidentc. <br />at>`-tasets and title reports. <br />19. Borroweia Right to Reinstate. \otnitiutanding Lender's ameleratiat: of the Burns secured by this <br />~longage, Borrower shall have the right to hst e shy pmteeriings begun by I.endr•r to enforce this \lortgage dis- <br />eontintred at any lime prior to entrc of s judgment enioA^ing this lortgage if: !ai Borratcer pays Lender all <br />stuns which would be titer. due under this Mortgage, tbt \ote and notes. securing Future Advances, if any, had no <br />acceleration occurred; tb} Borrower cures all breathe= of shy other catrnsnts or agreements of Borrower con- <br />tained in this'_+tortgage: ici Borrower pays all teasonsUle expenses incurred be lender in enforcing the covenants <br />arm agreements of Borrower contained in this \Sortgage and in enfarting Lender'. remedies as prodded in para- <br />graph 18 hereof, including, but not limited to, reasonable attorney's fees: and tdi Borrower tapes such action as <br />Lender may reasonably require to assure that the lien of this 'ilortgagt•, Lender"s interest in the Property and <br />Borrower's obligation to pay the sums secured by this Martgsge shall continue unimpaired. Upon such payment <br />and cure by Borrower, this'_t4ongage and the obligatimts secured hereby shall remain in full (once and effect as if <br />no acceleration had occurred. <br />Y0. Alt oI Reins: 1ippomtmmt of Receiver. Leader in Possession. .as additional security here- <br />under, Borrmrer hereby as~gr~ w Lender the rents of the Propenr. provided that Borrower shalt, prior to ac~eler- <br />attan-tinder paragraph IS hereof or abandonment of the Progeny, hate the right to collect and retain such rents <br />as they become dye and payable. <br />IIpon acceleration under paragraph IS hereof ar ahandonmenr of the Yrnpeny. Lender, in person, by agent <br />Or by judicially appointed receiver anal{ he entitled to enter upon, take possession of and tonnage the Property <br />and to eollee6 the rents of the Property, including those past due. all rents collected I,y Lender or the receiver <br />shall be applied first to payment of the coats of management of the Propert}• and coilertion of rent,, including, but <br />not limited to, reeeicer's fee`'., premiums on rece'rcer's loads and reasonable attornec's fees. and then to the sums <br />secured by this :vlortgage- Lender and the receiver shall be liable to attount onlc for those mnta aehtally recciced. <br />