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•;;;;, • ^ts r rreri to in parngrantn I and 2 hereof or change the amount oI such installmenis- Itl. Borrower Not Released. Extensior. of the time for payment or modification of amortization of the soars secured uy this 3ortgage granted in- Lender to soy successor in interesf of Borrower shah not operate to release. in any manner, the ]iabiiity of tl:e onginal Borrower and isorrow-cr ~ successors io huerest. L-- '- s hsll act b^ required to commerce proceedings against such successor or refu~~e to extend time for pa}•ment or~otherwise moa+fy arnortazation of the sum= secured by this 1lortgage by reason of any demand made by the original $orrorrer and Borrower's successors in inte~esi. 11. Forbearance by Leader Not a Waiver. :1ny forbesrance by Lender in exercising any right or remedy herciader, or otherwise afforded by applicable lain, shall oat be a u-aiver of or preclude the exercise of any right cr remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender sf:sll ,tot be s waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Granulative. A!i remedies provided in this Mortgage are distinct and cumulaxivc to any other right or remedy under this \lortgage or afforcied by isle or cgni[y, and mac be exercised concurrently. independ- '~ entry or successively. C\2 13. Successors and Assigns Bovad: Ioiat and Several Liability; wptioas. The covenants and agreetnente ~ herein contained shall bind, and the rights hereunder shall inure to, the res{rectico successors and a=signs of Lender C" and Borrower, subject to the provisions of paragraph 1; hereoi..~li covenants and agreement of Boaoaer s'.~I- t~ be joint and several. The captions and headings of the paragraphs of tltis Mortgage arc far ronvenien~•e o~1v :asd ~ see not to be used to interpret or define the provisions hereof. 24. Notice. any notice to Borrower provided for in ibis \lortgage shall be given h^ mstling -ur!~, ncir,~e h' 01 certified mail addressed to Borrower at the Property- :lddrese s[a[ed blow. except for soy nattr<• r.=gnarx~ s-.:vfer ~ paragraph i8 hereof to be given to Berrou-er in the manner prescribed be applicable 1::v. ,1ny nuts•r : rov;--?ed for in this \lortgage shall be deemed to have been given to Burrower when given in the utsnner •i•~=i¢nsud herein. 15. Uniform Mortgage: Croverning Law: ~everaDiiiiy. This form of mongagc cmuiiiur~ ~~.... - ..-nnn,r for national use and non-uniform covenants whit limited variations by jurisdiction to constitute a~~~m.ifnrm secu- rity instrument covering real property. This \lortgage shall be governed isy- the law of the jurisdieti---. in which the Property is located. In the event that any provision or clause of this \lortgage or the \ote con?lets with apticable':a,v, such conflict shall not affect other provisions of ibis \fortgsge or the ?tote which esn be given eriect :vthoui `hc conflicting provision, and to this end the provisions of the Mortgage and the \iote are declared to be severable Ili, Borrowei s Copy. Borrower shall be furnished a conformed copy of this >Iortgsge at the time of execu- tion or after recordation hereof. 17. Transfer of the Property; Assumption.- If all or am- part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of s lien or encum- brance subordinate to this 1lortgage, t b) the creation of a purchase money security interest for household appli- ances, t.e) a transfer by devise. descent or by operation of law upon the death of a joint. tenant or (d7 the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may. at Lender`s option, declare all the sums secured 6y this Viortgage to be iuuuediateh- due and pavable. bender shall have waived such option io acceierste if, prior to the sate or transfer, T ender and the person to whom the Property is to 6e sold or transferred reach agreement. in writing that the credit of such person is satisfactory to Lender sod that the interest paysble on the some secured by this Mortgage shall be at such rate as Lender shall request. if Lender has waived the aptian to accelerate provided in this paragraph 1 i and if Borran-ers successor in interest has executed a writ- ten assumption agreement accepted ih writing b}• Lender, Lender shall release Borrower trom all obligations under this Mortgage and the Note. If Lender exercises such option to acceierste, Lender shall snail Borrower pollee of acceleration iu accordance will: ; - anh I4 hereof. $ucli notice .a':l provide s period of not le:?s tl?an 3C1 dsys from tFe dste tlae notici i- mailed'within which Borrower may pay the sums declared tine. If Bon•ower fails to pay such sums prior io the expiration of such period, Lender may, without further notice or demand or. Borrower, invoke soy remedies per- mitted by paragrsfrh i8 hereof. tics-I'.stFmtxt (=tsvsvasrs. Borrower and Lender turtlter covenant and agree as follows 28. Ace~Iazation; Remedies. Except as p!•ocided in paragraph 1. hereof, upon Borrower's breach of am• covensnt. or agreement of Borrower in this \lortgage, including the covenants to pay when due xnv sums secured by this 3lortgage, Lender prior to acceleration shall mall notice to Borrou•m• as provided in paragraph 74 hereof specifying: (1) tl:e breach; i2i the action required to cure such breach; i31 a date. not Icss than shirt-y davs from the date the notice is mailed to Bm~rower, by o-hieh such breach must be eure~i ~, and t41 that failure to cure such breach on or before the date specified in the notice tuay result in acceleration of the stuns secured by this Sfortgage and sale of the Property. If the breach is not cured ot: er before the date specified in the native, Lender at Lender's option [nay dec!arn all of [he sums secured by this Alortgage to he inuneduau•!y due and payable without further demand and mac foreclose this \-lortgage by judicial proceeding. Lender shall be entitled ko collect in such proceeding alt expenses of foreclosure. including. but not liuutrd to, costs of doeuutentaq• evidence, abstracts and title reports. 19. Boaavror"e Right to Reinstate. Votuithstanrling Lender: aree(eration of the stuns secured by this Mortgage, Borrower shall have the right. to have any proceedings begun br• Lender to enforce this 3ortgage dis- continued at any time prior to entry of a judgment enforcing this \fortgsge if: tai Borrower pays Lender all sums which would be then due under this \lortgage, the \ote and notes securing Future Advance, if any, had no acceleration cceurred; (b) Borrower cures all breaches of any other coven;tots or agreements of Borrower con- !stned in this Mortgage; lei Borrower pays all reasonable expanses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this \lortgage and in enforcing Lender's remedies as provided in psra- graph I8 hereof, including, but not limited to, reasonable attorney's fees: and tdl Borrower takes such action as Lender may reasonably require to assure that the lien of this \lortgage, Lender ~ interest in the Property and Bormwer's obligation to pay the sums secured by this >Mrtgage shall continue unimpaired. Upon such payment and cure by Borrower, ibis Mortgage and the obligations secured hereby shsil remain in toll force and effeei. as if no acceleration had occurred. 20. Asrigamaat of Beata; Appointment of Receiver; Leader in Possession. 9s additional security here- under, Borrower hereby assigns to Lender the rents of the Propeny. provided that Borrower shall, prior to acceler- ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph I8 hereof or abandonment of the Property. Lender, in person, by agent or by judicially appointed receiver shaft he entitled to enter upon, take possession of and manage 'he Property xm to rntient. the rwntc of the Property, ine[uding those nasi dve. ~tl rents coiiacted by Lender or the receiver shall be aupiied first t~o payment of the costs o€ management of tae Property and collection of rents. including, lsut rot limited io, receiver's --s, i} Gm'sums on receiver's bonds and reasunabic aiiorncy'a fees. and then to the sum. secured by this Mortgage Lender and the receiver stall he liable to account only for those rents actually received.