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not r;xie=~d yr ;>astpor:r• t,se It.e, datt a. tl.c, mt1 t,drrly ,....._:?r.. ~ ,r.,,r.r::,i tt:F irf il',aragrallt,.r l aar,rk ,~ hear>o'. or <br />ChaP.52 the a•:tt3n t Of ztlCh rrr%xi':~a~hnenr:s <br />lfl. ~f9oraawer Not Released. '~£.i:xir-r~,rtion of t]'mc dime for pra.•n~t~nrt. o:~ rntx~li,tic~ret5on oaf noncan^tdttation n~f tt:e sums <br />securec9~ by this Mortgage grarat:~l iuy Lea,tdrc~ra• Poo aru,}~ succe~ nor in ur!',e~z~~tr~st of 13o~rrors•er shall rso~o raperaw~ to release, <br />in any rnanncr, the iiabiiit}• of the original Borrower and Borrower= successor= in interest. bender s hall not be <br />required to commence proceedings against such successor or refuse to extend time for payment ar otherwise modsfy <br />arnort.ixation of t'_~ sums secured by this Mortgage in• reason of any demand made by the original Borrower and <br />Borrower's suecessars in interest. <br />lI. 1'orbearaace by lender Not a Waiver. Any forbearance be Lender ir. exercising any night or remedy <br />hereunder, or otherwise afforded b}• applicable ta:v, shall not he a waiver of or preclude the exercise of any right <br />er remedy hereunder. The procurement of insurance or the payn:ant of taxes ar other lien_c or charges by Lender <br />shall rot be a ;salver of Lender`s right to accelerate the maturity of the indebtedness secured by this :)lortgage. <br />~`• 12. Remedies Cumulative. Alt remedies provided in this \lortgage are distinct and cumulative to any other <br />~' right or remr,iy under this ~Iertgage or afforded by la:r or equip-, and may be cxerci~d concurrently, independ- <br />ently or successively. <br />~ k$. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br />® herein contained shall bind, and the rights hereunder shall inure to, the respeeiive s~recessors and assigns of Lender <br />and Borrower, =object to the provisions of paragraph 1. hereof. 311 covenant: noel agreements of Borroe+er shall <br />be joint and several. The captions and headings of the paragral,hs of this \lortgage are for convenience only and <br />are not io be used to interpret or define the provisions hereof. <br />~ I~. Notice. any notice io Borrower provider) fa• in this Alortgage shall be given by mailing such notice by <br />~ certified trait addressed to Borrower at the Propert}- :address stated below, except for any notice required under <br />paragraph IS hereof to be gi~~en to Borrower in the manner prescribed by applicable law, any notice provided <br />for in this Mortgage shall be deemed to have been given to Borracser when given in the. manner designated herein. <br />15. Uniform Mortgage; Governing Law: Severability. 'T'his form of mortgage combines uniform cot•er_ants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform sec,t- <br />rity instrument covering real property. This _)lortgage shall be governed by the law, of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with <br />applicable law, such conflict shall not affect otber provisions of this \lortgage or the Note which can be given <br />Effect without. the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />1S. sa9rr9we~ s %cpY• Borrower shall be fnPnIShed a Cortfarrned Copy Of tii8 iari:gagC at the ti,Tie of ezieu-il- <br />tinn or after recordation hereof. <br />17. Tronsfer of the Property; Assumption. II all or any part 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 />dsrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or l:d) the grant of <br />any leasehold interest of three years or less net containing an option to purchase, Lender may. at Lender's option, <br />declare all the sums secured by this lortgage io be inunediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the lrerson to whom the Property is to be sold or <br />transferred reach agreement ir. writing tl;at the eredrt of such trerson is satisfactory- to Lender and that the interESt <br />payable on the sums secured by this \4ortgage shall Ue at such rate as Lender shall request. If Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br />this b4ortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower not-ice of acceleration in accordsuce <br />with paragrapi: 14 hereof. each notice shall provide a period of not less than 8Q days from the date the notice v <br />mailed within which Borrower mac pay the awns declared due. If Borrower falls to pay such sums prior to the <br />expiration of such period, Lender may, without further notice or demand on Borrower, invoke ary remedies per- <br />mitted by paragraph l.S het•eof. <br />i\ox-~'fiIF6Rlq C'ovExar:•rs. Borrower and J.ender furtLer cotenant and axree as f'oiloars <br />1@. ,g~~l=-~don; Remed~:es. Except as }±rovided ;n paragrapi. I? hereof, upon Barrnu•er's 6rf'aelt of a-nv <br />covenant. or agreement of Harrower in this Mortgage, including the covenants to pay whoa due any sums secured <br />by this lortgage, Lender prior to acceleration -hall mail notice cp 33Arrpy~r ~ provided in paragraph i$ hereof <br />specif}-ing: (l) the breach; 12) the action requi:r,i to cure suchhreach; (3~)~-`a datr. not less than thirty days <br />from the date *.he notice is mailed to Borrotccr, by a'lrich such 6reaeh trust be cured; and f41 that failure to cure <br />such breach an or before the date specified in the notice may result in acceleration of the sums secured by this <br />ortgage and sale of the Property. It *.he breach is not cured on or befo;i ti,e date specified in the notice, Lender <br />at Lender's option may declare all of the scans secured by this Mortgage to be inunediateR• due aid payable <br />without further demand and may foreclose this !{ortgage by judicial proceeding. Lender shall he entitled to collect <br />in such proceeding all expenses of foreclosure. including, but not limited to, costs of docuntentarc evidence, <br />abstracts and title reports. <br />19. Borroweis Flight to Reinstate. \otw-ithstantiiug Lender's acceleration of the sums secured by this <br />~fortBage, Borrower shal_ have the right to have any proceedings begun by Lender to enforce this Mortgage dis- <br />continued at any time prior to entry of a judgment enfa;ciitg this \lortgage if: (ai Burrower pays Letrder ail <br />sums which would be then due under this Mortgage, the `ore and notes securing Future Advances, if any, had no <br />acceleration occurred; (h) Borrower cures all breaches of any other covenants or agreements of Borrower con- <br />tyina it ";s `_ir-'gagu; (c) I3o=-rcnar pays all reasonable expenses incurred by Lender in cnfnrcirg t.be covenants <br />and agret:rrinnts of Borrower contained in this ~1mffg+i}T,e and in enforcing Lender's remedies as provided in para- <br />graph 18 hereof, inetuding, but not limited to, reasonable attorney's lees; and td) Borrower takes such action as <br />Leader may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and <br />$orrower's obligation to pay the sums secured by this Jortgage shall continue unimpaired. Ltpon such payment <br />and cure by Borrower, this :i`fortgage and the obligations secured hereby shall remain in full force and effect as if <br />no acceleration had occurred. <br />20. Assicdratneat of Rrms: Appoiatmeatr of Rsceiver; Leader in Possession. As additional security here- <br />under, Harrower 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, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon aeceteratioa under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent. <br />or 1)y judicially appointed rce~iver shall be en`ciled to enter upon, take possession of and manage the Property <br />and to cokleet the rents of the Property,-inetuding arose past due. Alt rents collected by Lender or the receiver <br />shall r`.-s applied first to payment of the its of management of the Property and coltcction of rents. including, but <br />not limited to, receiver's fees, premiums on mceiver"s bonds and reasonable attorney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall he liable to account only for those rents actually received. <br />