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not extend or iwstpone 'the due date a( the nuantlily instabm~•nt.~ reterred to irr i:paragraphs }and 2 hereof or <br />rha~hge the amotnit, of rush installments. <br />It-. $arrawer Not Released. I!~xt~ension of the time for Eiatruent or motf~ifica~kuni of amot~tzation of the sums <br />secured by this 3'lortgage granted by I.eirder to ar.y sttraessai• in inter<~st of Borrower shall not operate to release, <br />in any manner, the liability of the original Borrower and Borrower's successors in interesi. Lender shall not be <br />required to commence proceedings against. such successor or refiise io extend time for payment or otherwise modify <br />amortization of ±he sums secured by this Mortgage by reason of stay demand made by the origins! Borrower and <br />Borrower's successors in interest. <br />I1. Forbearance by Lender Not a Waiver. .~.ny forbearance by bender in exercising any right or remedy <br />hereunder, or otherwise afforded b}- alplicable law, shall not he a waiver of or preclude the exercise of any right <br />ar remedy hereunder. The procurement ai insurance or the payment of taxes or other liens ot• charges by Lender <br />shall not, hr fI waiver of Lender's right to accelerate t-he maturity of the indebtedness secured by this :lortgage_ <br />~ I2. Ra,medies Cumulative. :~11 reiiiedies prot:ded in ibis \lortgage arc distinct and cumulative to any other <br />right or remedy under this Alortgage or afforded by la++~ ur cquiq•, and uuq be exercised concurrently- independ- <br />~ ently or successively. <br />13. Successors and Assigas Botmd; Joint and Several Liability; Captions. The coteuants and agreements <br />Q herein contained shall bind, and the rights herewider shall inure ua, the respec.t.ivc successors and assigns of Lender <br />~j artd Borrower, subject io the provisions of p:iragrap!i i i hereaf. -a11 cotenants and agr•een:ents of Borrower sha}I <br />be joint and sclera!. The capiions and headings of the paragraphs of this \lortgage are far cant enience only and <br />+ are not to be used to interpret or define the provisions hereof. <br />~ 14. Notice. .fin}• notice to Barrower prodded for in this Alortgage shall be given by mailing such notice by <br />~ certified nisi! ac{dressed to Borrower at Clue Yro;:ern- :',ddress started below. except for any notice required under <br />paragraph IS hereo[ to be givcu to Borirotter in the manner prescribed ln• applicable law. Am• notice provided <br />for in 'this Atortgagc shall he deenicci to hate been given to Borrower when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. "Chic fm•m ni mortgage combines uniform carenrrnts <br />for national use and non-uniform covenants with limited yariatians by iurisdirtion to constitute a uniform secu- <br />rity instrument covering real }noperty. This Mortgage shalt be governed by the law of the jurisdiction in tvF,icl <br />the Property is located. In the eyeni that any Prot-ision or clause of this \lortgage or the Note conflicts wiiii <br />applicable law, such conflict shall not affect other provisions ui this Alortgage or the Note which can be given <br />effect tvithou= the conflicting provision, and to this end the precisions of thcllortgage and the Note are declared <br />to be severable. <br />lfi. Box_rower's Copy. Borrower shall be furnished a conformed cop_ y of this ~Iartgage at. the tune of execu- <br />tion or after recordation hereof. <br />I7. Transfer of the Property; Assumption. 1f all or any part of the Property or an interest therein is sold <br />or transferred by Barrower without Lender's prior ivritte:n consent excluding ta) the creation of a lien ar encum- <br />brance wl.,ordinate to this Mortgage, fb! the creation of a purchase money security interest for household appli- <br />ances, lc) a transfer by devise, descent or by operation of I:rw upon the death of s joint tenant or tdl the grant of <br />any leasehold interest. of three years or less not containing au option to purchase, Lender msv, at: Lender's option, <br />declare all the sums secured by this \lortgage to be iunnedia[ely due :Ind payable. fender shall hate [calved such <br />option to accelerate ii, orior to the sale or transfer, Lender and the person to whom the Property is to 6e sold ar <br />transferred reach agreement in wri*.ing that the credit of such person is satisfactarp to Lender and that the interest. <br />paysbie on the sums srem•eet by this \~Iortgage shall be at such rate as Lender .hall request. Ii Lender has waited <br />the option to accelerate provided in this paragraph 1 i and ii Borrater's successor it: interest has executed s writ- <br />ten assumption agreement accepted in writing by I-eerier, Lender shall release Barrower irotti all obligations under <br />Chia A4ortgage and the Note. <br />If Lender exercises such option to a~ elerltc, Lender shall mail Borrower nonce of acceleration in accordance <br />with paragrspii }d hereaf. ~ueh notice shall ptrot•ide x period of net less than iii clays itom Qre dal[; the notice is <br />ensiled within tviiir•h Borrower inay pay the sums cicchired dtu'. Ii Barrower teals to pee such ±u[rs lirior to the <br />expiration of such perioil, Leader tray, without furthri• niuicc or demand cm F3orroaer, invoke any remedies per- <br />mi[ted f,y paragraph I;" hereaf. <br />~t i5\-I ~:~tF'rrn ~r t'ol'F: h`A \Tti. {7i li't'attF i' anti feiii{t't' Ill rthel' i'iiyeii ii nl and it} rf`t' as tt1I1(rtt <br />lEi. 1leceleration: ti©madiea Isr•ept us proci~ier( in paragraph it hr•reuf, ^pon Borrower=, breseh oI ant <br />f:5verr,iiit sir ogre-t-rr;+rrt of 13arracter in this ~hirtgagrr, urchrling, tbc~ rovruants to ira~• tthr°n duc• .uiy sums sr>currl <br />by' this \lortgrtt;e, Lencicr prier to urre•Ir^ratuon shidl mail notice ko Aorro+ver as liruculed in parat;rxpli 1$ hereaf <br />speaifyiug: 111 the hrcac!r, ill fire :u•tion rcyuircd w cure sutb breach; fat x date. niit less than shirty days <br />tram the dau' the ounce is rnarilcvt to 13urrawer, Ire e hrcli such breach must hr cured; and i~#! theft fatltut: to eut~ <br />such breach air or hcfare tLr date ancr~itied in the notice ^urt result in tu•cclerstioa of the souls secured by this <br />liortt;age and sale of t,ce Yral:ertp ff the lareach rs not rurc~i or, or before the dstr specilie;l in tb+' notice. I~nder <br />at Lender's option nisy dcclan' sit vi the smu< secured by this \lortgage to he inunrdiaR'ic drir and paysbie. <br />without- fu;tluerdeirianr! slid map fort^c?o-sc this >lortgage try:udic•ial proceeding. fender ,}tall tte entitled to eol}ect <br />in such proceeding ali r~xpcn.,es of lemelosure. including, fiat not liuutevi to. crtsta of docuwent:rr~~ evidence, <br />abstract: and title' relrnris. <br />i9. Barrowsr'a flight to Reinstate. \utu•itbstanding Leader's :ICCeleratiou of thr wens srcumd by this <br />h}ortgage, Borrower st:ail !rave the right to !lace any ilroceediags hegmi by 1,ender tc. enfutc•c this \iartgage dis- <br />evntInticd at any time [friar tO eriii'?i ai a )ildKiiitnt cntu~3•cmg 4iit~ =+Tari(;ri};i iI: [tri '~orrawi•r }iay~ fender ;lit <br />sums which would. be then due under this ~tartgngc, the tiote laid notes securing Fu[um .advances, if any, hold na <br />acealeratiott occurred; tbl B<rrower cures aU breaches of run. other cotenants or agreements of Borrower con- <br />tained in this h~lortgage; te) Borrower pays all reasarable expenses inet:rrs'cl h}• !.ender ir. eniarcirg t}ie eacenantns <br />and ag_ reemenis of Barrower oantained m this ~lortt;rlt;e :rod m enfori•inl; lender`s remedies as pravtcled in }iara- <br />grnph lS hereaf, including, fiat not. limited ta, ri?aaonabh~ attornei°'s leis, and irU Iiarrotvcr tni<cs suzh aetian as <br />Lendor may re,~ISOnabiy require to assure that- the lien of this \lortgage. Lender's interest in the Property nad <br />Borrower's obligation to pay the earns secured by this \iorK};age shall continue uninipairc=d. I`i>an sueli pat°tnent <br />and sure by Borrower, this 94ort.gage and the obligations secured hereby shall retuain in foil force and effect as if <br />no aceolerntian had ocetlrred- <br />20. Assignment of RstMs: Appointmeat acE Rsceivar: Lender in Possession. :1s adttitianal security hcrc- <br />under, Barrower hereby assigns to i ender the reefs of the Propert}-, prodder{ that Borrower shall, prior to acceler- <br />ation under paragraph IS hereaf or abandonment of the Property, have. the right to collect and retain such rents <br />as they become due and payable. <br />Lpon acceleration under paragraph }8 hereaf or aband~mnenk of the }'roperty, Lender, in person, by agent <br />or by judicially appointed receiver shall tie entitled to enter upon, take possession of and manage the Yroperty <br />and to eolleat the rents of the Property, including those past due..all rents collected by I;ender or the receiver <br />shall be applied first to payment of the cos±s of management of the Property and collection of rent., including, but <br />not limited ta, receiver's foss, premiums mi rccrit•er's fronds and reasonahic attorney's lets. and then to the suers <br />secured by this Mortgage. Lender and the receiver shat{ he liable to accoant only for those rents achially received. <br />