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not extend at• pustspone ii'te due elate o~i' t9m nrrvr,B,Vuilr loss=r.aEBns sir ~ at~_ferred trs i'r ~~~~t~r•a{;ragahs 1 and. ".; he•recrf ar <br />change they amount of such i~a~ta,lltnen,i:dN~ <br />LD. Borravae~r Not ~igleased. IJxt~¢'..ztsiou of lire onto !s'ur• },a•.a:xerat ar modification of s~urrat?uzat,i,~rt of the sutras <br />sectzred by ibis lortgage granted 1>y 3'..ender to ally .succcsasor' in 'ants,rest of Borro;c~er shall not ohrerate to release, <br />in any manner, the liability of the original Borrower and $arruwcr~s successor,< in interest. Lender shall Hat be <br />required to eotnmenee proceedings against such successor or refine to ex'erd time for pa}-ment or otherwise modify <br />amortization of the sums secured by this Mortgage b}- reasou of any demand made b}• the o~ginal Borrower and <br />Borrower's successors in interest. <br />II. Forbearance by Lender Not a Waiver. any forbearance by Lender in exercising any right er remedy <br />hereunder, or otherwise afforded by applicable law, shah not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens ar charges oy Lender <br />shall net be a w'aner of Lender's right to accelerate the maturiiv of the indebtedness secured by this Mortgage. <br />.^a,, 12. Remedies Cumulative. .~11 remedies provided in ibis Mortgage are distinct. and cumulative to any other <br />right ar remedy tinder this Mortgage or afforded hr law or equity, and ma}• be exercised concurrently, independ- <br />~. entry or successively. <br />13. Successors aad Assigns Bound; Joiat and Several Liability; Captions. The covenants and agreements <br />'~ herein contained shah bind, and the rights hereunder shall inure to, the respective successors and assigns ot" Lender <br />Q :}ltd Borrower, snbiect rn tl:e provisions of paragraph 17 hereof..111 covenant; and agreements of Borrower shah <br />` he joint anti severti. The captions and iseadings of the paragraphs of this Mortgage are fot• convenienr;e only and <br />~ are not to br used to interpret or define the provisions hereoi. <br />Id. Notice. Any notice to Borrot+'t-! },ro+•ided for in thi= Mortgage shall he git-en hti' mailing such notice by <br />certified mail udtiressed to ti3ornn+~er at the Property .address :=rtte'd below, except far any notice required under <br />paragraph ifi i:ereof to be given to Borrower in the wanner prescribed he applicable law. Am• notice provided <br />far in this AIorrgagr shall be deemed to have been givctt to Borrower when given in the mariner designated herein. <br />15. Uniform Mortgage; Governing Law; SeveraSility. This form of uwrtgage combines uniform covenants <br />for natiotsal use and non-uniform covenants with limned variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall he governed by the law of i-he jurisdiction in which <br />the Froperi}• is located. In the event that any provision or clause of this Jortgage or the Note con8iets with <br />applicable law, :uch conflict shall rot affect other provisions of this Mortgage or the Note tahich can be given <br />eHeet without the conflicting pro+•ision, and to this end the provisions of the. \lortgage and the Note are declared <br />tcs he severable. <br />I6. Borrower's Copy. Borrower shall be furnisL-ed a conformed copy of this ~forcgage at the time of execu- <br />tion or after retardation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br />or "transferred b;q Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encum- <br />brance subordinate to this `lortgage, (b) the creation of a purchase moaey security interest for household appli- <br />ances, i;c) a transfer by devise, descent m• by operation of Issw upon the death of a joint tenant or (d) the grant of <br />any 3easehold interest of three years or less not containing ar, option to purchase, Lender may, at Lender's option, <br />declare all the aunts secured by this ~4orfgage to be innnediatc•ly due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, LEnde:• auci the person to whom the Property is to be sold or <br />transferred reach agreement in writing that. the credit of such person is sati~£actor}• to hender artd that the interest <br />payable on the sums secured by this Mortgage shall t;c at sudt rate as Lender shall request, If Lender has waived <br />the option to accelerate provided in this paragraph I7 srtd ii Borrower's successor in interest has executed a writ- <br />ten assumption agreement. accepted in writing by I.eaciet•. Lender shall release Borrower from all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender snail mail Harrower notice of acceleration in accordance <br />tvitit pa =gratin iI hereoi. ~uii notice si,ail provida a ireriocl of Hat ft°ss titan ~0 does from the data else notice is <br />mailed within which Borrower may pay the sums declared due. Ii Borrower fail:: to pay ;uch sums prior to the <br />expiration of such tseried, Lender shay. without further notice or ,{entaztu? nn Bc?t•ratvet•, invoke any remedies per- <br />rnitte,3 by paragraph 1B Its=r?of. <br />L,...-it._. ..... !'.,.....,....,. ?~err€...~. ..ltd Londe, t'ttrtltir• uo:~€nttnt...nd agr r a ft.1.c,,.~: <br />lg. Ac4al~ratirrn:.aiam+=dies. r.xc~rt a prof ide,i in r,rt:.igra}tit I its°rc•of, upon iurrower's isreaes of any <br />covenant or agreement of Bon•o++•er in this \lortgttge, including thc• coyen;urts to pay when due ;usy sums secured <br />by this \Eortgage, l.endcr prior to acceleration snail mail notice to Borrower provided in paragraph l~ ltereat <br />specifying: (I) the tireacir; t21 the action rcquitr,l to cute-asweh*br~;~if3a ciah•, nut less than thirty days <br />from the date the notice i- t,mded to Bnrruwcr. Ity wlsiclt suciriiri~aeh niisst ktq:~i: smi t-}1 that tailors to :tiro <br />rlr=.... <br />Hoch breach on or before lire date specified in the notice tray rexult in hrcelrt~tson of the suuu secured by this <br />'Vlartgage and sale u( the Yropce•ty. If the breach is not cured on ur before the date sprritied in the notice, Lender <br />at Londerb optian may cter[are ail of r•^ suns seruted by this \lortgage to he inunediauely due and payable <br />without further demand and may iorerlose this Mortgage by judicial proceeding. Linder snail its entitled to collect <br />m such proceeding all <•xperses of forecktsurc, mchufiuR, but not limited to, casts of dueun,entazK• evhtenee, <br />absteacts and title repora. <br />19. Borroweie Right to Reizursate. lotwithstunditsg Lender's ucccleratiou of the swus second by this <br />Mortgage, Aarrawer shaft have the right to have any pr=teeedings isegun by Lendes to smforce this M€~~tt:age di.- <br />coniinued at- any tune prior to entry ai at judKment enfatting this Mortgage if; fat Borrower paps Linder ail <br />sums which would be then due under this Mortgage, the Note :snit notes ;sensing Future .adyxnces, ii any, Isad nu <br />acceleration occurrt~cl; Ins Borrower torts all Isreachts of an}• other caccnanta or ugreenu~nts of Anrrower ron- <br />.ain~ in this} ;'Plowgage, tc) Harrower papa ail eta--aanahic ^xpenses incurred by Lender ih enfarciug cFie Covenants <br />and txgree.tmnt:s of Anrrower contained in ibis. 1lcsrtgag€• and ir. crfu.rinl; Lender's rr-net:•~ies as proyicie-tI in irara- <br />graph IS hereof, including, but not hmite€i to, reasmtablc attorne}°'s it.~€~:: and td1 ltorrat+•er labels such action a•. <br />bender may reasonably require to assure that the Lien of this ~lurtgage. Lf•nder`s interest in the Yrolterty and <br />Borrower's obligation to pay the Bums secured by this \dortgage shalt contiuuc unim{taired. i.tpon such payment <br />and cure by Anrrower, this ?~Sortgage and the obligations secured hereby shall remain in full force and effect as if <br />ao acceleration had occurred. <br />20. Assignment of Rsata; Appoinhnen! of Rerceiver; Leader in possession. .aa additional security here- <br />under, Anrrower hereby assigns to Lender the rents of the Property, proyidt~ti That Anrrower shall, prior to aeceler- <br />ation under paragraph IB hereof or abandonment of the Property, have the silent to collect and retain such rents <br />as they become due and paga6le. <br />Upon acceleration tinder paragraph IS hereof or abandonment of the Property. Lender, in person, by agent <br />or by judicially appointed receiver shall tx entitled to enter upon, take possession of and manage rite I'ropcrty <br />end t.n collect the rents of the Property, including those past due. all rents collected fn• Lender a- the receiver <br />snail be applied first to payment of the costs of management of the Property and eatlection tit rents, including, but <br />not limited to, receiver's fees, premiums tin receiver's taoads and rcasanahlc attorney's lets, and then to the aunts <br />secured by this Mort,gagc. Lender and the reoeiver shall be liable to account only for those rents actually recci+•ed. <br />