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---„-- I <br />';h <br />not extend oz• postpone the due date of the. monthly instalhizents careered to in par.3graphs t and 2 hereof' or <br />change the amount. of such installments. <br />10. Borrower Not Released. Extension of fhc tiru+• for g:aryment or madiflcatiotz of ottmzrt.ization of the sums <br />secured by this lortgage granted by Lender to any successor in interest of Borrower shall not operate to release, <br />in any mamzer, the liability of the original Borrower and 13orrotver? successor. in interest. Lender shall not be <br />required to commence proceedings against such successor or retuse to extend time for payment or otherwise modify <br />anlurtization of the sums secured by this Mortgage by reason of :uzy demand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbec,rance by lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br />' hereunder, or otherwise afforded by applicable law, shall not be a waiver of ar preclude the exercise of any right <br />Q; or remedy hereunder. The prorm•ement of insurance or the payment of taxes or other liens m• charges by Lender <br />shall not be a tv;ziver of Lender's right to accelerate the maturity of the indebtedness secured by this ?Mortgage. <br />12. Remedies Cumulative. all remedies provided in this Mortgage are distinct and cumulative to any other <br />~ right: or remedy under this Mortgage or atl•arded by laty or equity, and may he exercised concurrently, independ- <br />cntly ar ::ueeessively. <br />13. S-cccessors and Assigns Botmd; Ioint and Several Liability; Csptions. The covenants and agreements <br />herein contained shall bind, and tine rights hereunder shall inure to, the :•espective successors and assigns of Lender <br />and Borrower, subject to the provisions of pt#rttg::iph I ~ hereof. 311 covenants and agreements of Borrower shall <br />be joint +tnd several. The captions and headings of the paragraphs of this \lortgage are fm• convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. any notice to Borrower provided for in this \lortgage shall he given by mailing such notice by <br />certified mail addressed to Borrower at the Yrtzperty Address stated helots. esccpt fm• any notico required under <br />paragraph 18 hereof' to he given ro Bm•rot+er in the manner prescribed by applicable la;c. any notice provided <br />for in this Jortgage shall he +ieame,l to have been given to Borrower when git•en in the manner designated herein. <br />i5. Uniform Mortgage; Governing Law; Severability. 'I'}lis form of mortgage combines tlniiorm covenants <br />for naiianai use anti non-uniform cuven:#uta ,.iiL liulltc,i ~ - sti0,-.5 b~ iurisdicticr, t .,.,, ................. .... - <br />rity instrument trovering reel property. This \lortgage shall be governed b~• the law of the jurisdictionnin which <br />the Property is located. Lz the event that any provision or clause of ibis AIorlgage m• i~he \ote conflicts with <br />applicable law, such conflict shall not affect other provisions of this Alortgage or the Aote which can be given <br />effect without the conflicting provision, mtd to this end the provisions of the A~lortgage an+,i the '`Iota are declared <br />iV be aGV rlZtble. <br />l6. Borrowei s Copy. Borrower shall be furnished n conformed copy of this 1lorigage at the time of execu- <br />tion or after reeot•ilattor. hereof. <br />17. Transfer of the Property; Assumption. If :tll or any part of the Property or an interest therein is sold <br />or transferred b}• Borrower without Lenders prior written consent, excluding fa! the creation of a nett or eneum- <br />6rance subordinate to this Mortgage, th) the sreutiorz of :i purchase ntau^y security interest- for household appli- <br />ances, (ci a transter by devise, descent. or by operation of lath upon the death of a joint tenant. m• (dl the grant of <br />any leaa_ehold interest of three years or IESS not containing un option to purchase, Lendel• may. at Lender's option, <br />declare. alt the sums eetured by this \.lortgage to be hnurediately due and payable. Louder .hall have waived such <br />option to accelerate if, prior ro the sale or transfer, Lender and the Iulrson to whom the Property is to 6e sold or <br />transferred reach agreement in writing that the credit of such Iserson is satisiaetorv to Lender and that the interest <br />payable on the sums secured by this 1lorlgage shall he at such rate as ].ender shall request IS Lender has waived <br />the option to lieceleratc provided in this paragraph 1. and ii Borrower's successm• in interost has executed a writ- <br />ten assurnptial agreement accepted in writing by Lender. Lender shall release Aorrower tram aH at>ligations under <br />. ti:.. ~•#.._.......,, ...,a +t. •, fir..... <br />...,.. __» .~,~~,.. Q...~ ...- _.~r.. <br />If Lender exercises such option to accelsrate, Lender sh .11 mail Borrower notico of aceeleratiml in aecordanae <br />n•ith l,aragraFllt lx llereo7- ~ueh notice sl:a!i pruvtde a Izeriod of nut lea: than 3p dava from th#: ,late the Clot--feu is <br />mailed tcitluin trhich $orrowcr u,ay pay thv suru~ declared due. If Burrower faz!s tYZ pay such ,tans prior to the <br />#°xpiration tzf 4turf: periozl. Louder snag. left±tszut further notice ar Elcmanrl u:; Ft~zra`srver• iuvok#• catty remedies per- <br />mitted 6y paragraph IS here-oi. <br />.ttY1-1 :y.I~.-3.II t~j }i'f.'i ,~. ~."i `. lx--.}-I`!1~~1'1' ti1~i1 l~f'nt~!'1' (tl rtlil'1` l~ni~t'ltt'4 rtt :iittl ~1Ft=l'f .#`~ ~flt.o~l3 <br />I8. Accaleratian; Remedies. Ev+,~t,t as l,r„i id,~d in paragt:,ph i i hereof, ul~oaz Bvarruwe.'s 1„r:#r,ia of any <br />eoven;utt or agreement of borrower ,n i!;t.• Mns•rt;agr. inrlu,tiug the rocrn;uuts t+. pay whru ,fur arc >unzs secured <br />by flu- .llortgxge. Len,i~~i i,rtur to aerrlet:+u~~r rV+all iuatl uutie+• to lioerutrer as proct,h•,i ,n par;~gr:ii;1, 14 hereof <br />sparit~•mt;: ill t!ur i,n~:,rls. Y1 ti:e ,u~uun ecqun~r~i to iVU•c sneh I,t•eaeh; Cts a Jate, not !cs> sb:uz thirty da}•s <br />from the ,ISU• the notr,~~~ r outilcd h, finrrow_•r, ht' wlueh sueli breach trust he cured, :uxl t~! t6zu faihun• to clue <br />sorb breach on or b,-,~,rr rite +latr spr.~the+t to ai,~ notico sna}' result in are,~lrratit,n of tlu• ,wins -rcurt'd hy° this <br />\lartgagc crud sale of the Property- if the breach sx sot cured ors or bcforo the d;ttc npccifio,t sn rho uoticc, li'r,<!rr <br />at Lendc;'n option usaa• ,ies•larr all of the >iun. secured by this \lortg;agc ti, tm inuuediate!y ,fur attd payable <br />tcithnut iurtfu'r.i,~znand and ulay~ iurerlusc this Mortgage by .tudiriell proceeding. Lender steal! 6e ontitl+'d to collect <br />in Hoch prorcudiut; all cxpra.~es of foroclosum. ioehu,ling, teat not liuuh'd to. cu=ts ut dtu-nutcntarv evidence, <br />abstracts and title raport.y. <br />lQ. 9erroweF's Rigbt to Reinstate. loewuhsuending l.etaler•:. aceeleratiorz of the soars viceured by ttzis <br />3lakgag€, Borrawcr shall have the right to hard any Irroccedirs b#=e;un by T,endcr to rntarzc this Mortgage dis- <br />cantinUed at env time prior tv entn of a judgment enforcing this \lartgagc if: +a, Borrawcr pay, Lender aft <br />sums whioh would k>E then due under this \lortgage, the lore and notes seeneing k'unzre 3dvaneer, if any. hall no <br />acceleration occurred; Ibf Borrower cures all breaches of any other cuvcn:cr*ts or agreements of Borrower con- <br />tained in this IMartgagc; tc) Borrower pays all reasonable #•xpcnsrs incurred by Lender in enforcing rise covenants <br />and agreements of Harrower contained in this .llarigage and m rnfoecing l.cnae~r'>- reu;aclies as provided in laars- <br />g~ph 18 hereof, including, but not limited to, rcasanuhic attorney's tees, and tdt Borrower takes such action as <br />Lender may reasonably inquire to assure that the lien of this: \lortgage•. Lendet•'s interest in the Prolzertp and <br />Borrower's obligation to pay the sutras secured by this Mortgacc ,•<hall rontiuuc unimpttired. t'pon such payment <br />and cure by Borrawcr, this Alortgsgc and the obligations .-scored hereby shall t'<•nztlin in full fmre and effect as if <br />no acceleration had occurred. <br />~tl. Assignment oI Rents: Appoiatmsat of Receiver; Leader in Possession. As additional security here- <br />under, Borrower hereby assigns to bender the rents of the Property, prm•ided that Borrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, have rtes right to collect and retain such rents <br />as they become due and psyabte. <br />Upon acceleration under paragn#p6 18 hereof or ahtutdanrnent of The Property, Lender. in person, try agent <br />or lay judicially appointed receiver shall he entitled to enter upon, take possession of and manage the Property <br />and to caileet the rents of the Property, including those past due. 311 rents coUeeted by Lender or the receiver <br />shall he applied first to payment of the costs of management of the Yrop€rty and collection of rents, includink, teat <br />not limited io, receiver's fees, premiums on receiver's bonds :Hui reasoltahle attorrcv's fees. and then to rho sums <br />secured by this blortgagc. Lender and the receiver shall he liable to account onh for those rents actually resolved. <br />