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<br />,,,~~,,. <br />n <br />not extend or postpone the due date of the monthly installments referred to iu paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10. Basawer Not Released. Extension of the time im• payment or modification of amortization of the sums <br />seeursd by this Mortgage granted by Lender to any nucceesorin interest of Borrower shall not. operate to release, <br />in any manner, the liability- of the original Bmxower and Borrower's successors in interest. Lenaer shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this \tortgagc hr reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />li. Forbearance by Lender Not a Waiver. :1ny forbearance by Lender in exercising any- right or remedy <br />hereunder, or othen+•ise afforded by applicable law, shall not be a w•ai-rer of or prechtde the exercise of any right <br />or remedy hereunder. The procurement of insurance or the paymen`.. of taxes or other liens or charges by Lander <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this !iortgage. <br />12. Remedies Cumulative. Ali remedies provided in Ibis \iortgage are distinct and cumulative to any other <br />right ur remedy fouler thin \tortgaga or afforded he law or equity, and may 6c exercised concurrently, independ- <br />ently or successively. <br />I3. Successors and Assigns Bound; Joint and Several Liability; Captions. The cotenants and agreetents <br />herein contained shall binri, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />and Borrower, subject to the provisions of paragraph 17 hereof..Ail cotenants and agreements of Borrower shall <br />6ejoinc and screral. Tire captious wnl headings of the paragraphs of this Mortgage are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />t4. Notice. .Any natirg• co Borrower luavided for in this Jortgage shall be given by mailing such notice by <br />certified mail addressed to Borrower at the Property .Addres stated below, except fm• any notice required under <br />pat'sgraph 1B hereof to Ix t;i~'en in Borrower in the manner prescribed by applicable law. ,Any not-ire ?:°avided <br />for in this Mortgage shall be deeured to hart; becu gicen to Borrotr¢u• when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law: Severability. 'I'bis Term of mortgage combines uniform co+'~°r.,nts <br />for national use and atan-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instruruent. iovering real property. This ~Iortgugc shall be governed by the law of the jurisdiction in which <br />the pr„l;; r!y ;-.. c fed. In the event chat any provision er clause of this ~lorGgage or the \ate nnflictc with <br />applicable ]a+=, such couflict shall not affect other provisions of this \Iorugage or the Gate which can be gicen <br />etlect :vithout the con0ictiug provision, and to this end fire provisions of the `iortgage and the Note are declared <br />to be severable. <br />16. $orzawer's Copy. Harrower shall he furnished a conformed copy of this Mortgage at. the time of execu- <br />tion or after recordation: hereof. <br />17. Transfer of the Property: Assumption. If nl} or any part of the Property or an interest therein is sold <br />or transferred by Harrower without Lender's prior written consent, exchzding (al the creaticn of a lien or encum- <br />brance subordinate to this 1Iortgnge, tbi the creation of a purchase money security interest for househatd appli- <br />ances, fct a n•ansfer by devise, descent or by operation of )aw upon the death of a joint tenant or idt the grant of <br />any leasehold interest of three years or less not containing an option to purchase, Lender tnay, at. Lender's option, <br />declare all the sums secured 6y this Mortgage to he immediately due anri payable. Lender shaft have waived such <br />option to recclerate if, prior to 'the sale or t-ransfer, Lender anri uhc person to whom the Property is to be sold or <br />transferred reach agreement in writing that the credit of such pa-rson is satisfactory to Lender and that the interest <br />payable on the sums secured by this \iortgage shall be at such rate as Lender shall requen-t. If Lender has waited <br />the option to accelerate provided in this paragraph 17 and it Borrower's successor in interest had executed a +vrii- <br />ten assumption agreement accepted in writinr; by Lender, Lender shall release Borrower from all optegabona under <br />Ehia Mortgage and the ;Sore. <br />ii ].ender exercises snch option to accclerau, Lender shat! mail Harrower notice at accelerstioct in aecrudance <br />+vitt: parayraplr leer. =.. 3u,°i. aoticc• .!tall provide s ltericxl .not leiti tlcsr.:itl .lays from the. da€~ the notice= is <br />tuailerl within ,.1:~°le 8c~:ro++er ncay pair the- soar. declared doe. If Barrnu.°t~r Inil= t pa=° =uch auto;: p ar €o ihv <br />exl>iratatt of suc~lt z+eric*cl, Lenx±er cctsv. te•tElaua:t furtl:cr notice ar det:zand urn Horrowar, invoke ar.s• rnnrecties per- <br />n,is;~.d b par?_gt~€Fh I_ .;Tres,` • <br />tinw;-1':.trna~n i`ovxv,+~•tK. Harrower and !.ender fitrt}ter cncennnt and anrec a~ falknvs. <br />18. Aeeolera6on; Remedies. t•:n•ept :ns provided in para(*rtph l i hereof, upon 13orraw'cr•s brectcl: of any <br />covenant ar agrccnetera of E3orruwer in finis \lortRal;c, incluitiug the covenauts to pay wlu•u clue any +ums o-rcured <br />l,y this :+lurtgntge. l.r, al+r i,ri~~r to nreeieruuort shall nuttl notice to Harraa•cr us ptvvided in paragaupb 14 hereof <br />spccifymg: tl, tk,c k_~reacl., ,2! fire -retina requim+i to curt such breuc•h. ,3! a date. not lc~~ thNn Thirty flays <br />from ther daft the rn,nc,• i- i=uttie,l to liun•u+n•r, by which such breach must be cw•ed; and t41 that failure to cure <br />such breach ant on ta+-fort the data .pcrifie,i in the miticr may result in acc~ieration of the auras sr•curett by this <br />~iortrar;e and sails ai the Yrolrerty. lY th+• breach is not cured on or i>efom Ilu date spe.ifitat in flee notice, Lender <br />ut i.ender'~. pinion. u,ay .ie•clan- all of the stttus secured by flats V'iortgage to he nutuediatehr due and payable <br />r;im,ui ,urtuerdtt,YZtn,t and u,u; foatl~si tuts Martgap;+ 1 y atniicut] procecx$ng Lunt+•r~ha„ be r;~tnlt+t to ~liec=t <br />m >urh pnti,rrrdmg ;,II ,xprna+T ui ioreclosurr, inrlodiut;, tau not ]iwitrd to, roux of du.•umrnt:+i:~ cvidcuce, <br />ab~traets t+nc! title repertN_ <br />I8. Barrogrer`s Aigltt to Reinstate, Xotaithshtnding LandeY~x acrrrleratinnt rat the atnux ;ucutt-d by this <br />Mortgage, Burrower shall have the right to beer any proceerlinge t,egun by !.coder to eutarn• then ~iongage +iis- <br />continued st un+• tithe prior to entry of a .judgment cnfa9•eing [his Mortgage if: rat BorroNer pays Ixnder alt <br />soma which would be then due under this \[ortgngc, t1YC 'Sate and outer securing Future :ldvaures, if any, had no <br />--tie:@z=ieizittvtS rrc'.c'.tlrre'ix; ibi ourrv`wr~r etlre8 all brc^arlnel nt art+'vtlie-r r-rYtenanis yr at;rt-r-ntt=nts of I~orrtr`i':er ron- <br />tained is this kiarigage; (c i Borrower pays a[l reaaonuhle expenses incurrr.~rt by Landes in enfareing ttte covenants <br />and agreements of Borrower contained in this ~[ortgage and in entan•c-ing Lender's reurecties as provited in para- <br />graph I8 hamot, including, but oat limited ta• masonal=le attarney'n €ce~: and `+df Harrower take=s ouch action ate <br />Lemter may rcasonab}y require to assure that the !ten of thin Mortgage. Lender's interest in the Property attd <br />Borrower's obligation to pay the sums secured by this :1ortgage shall continue unimpaimi. L'pon such payment <br />and cure by Borrower, this Mortgage and the obtigatiotts secured hereby shalt mtnain in Tuft tetra-and effect as it <br />no acceleration had ocetrrred. <br />20. Assie~tme>yt of Assts; Appo3gtment of Receiver: Lsnder is Postwasiwt. As addiGiunnE security here- <br />. under, Borrower hereby sssigna to Lender the rents of ttir Properey, provided that Borrower shall, prior to acoeler <br />anon under paragraph 1$ hereof or abandonment of the Property, have tlzc right to collect and retain auah rents <br />sa they beoome due and payable. <br />Upon acceleration under paragraph i$ hereof or abandonment of the Yropet•ty, !:ender, in person, by agent <br />or by judicially appointed receiver shalt he entitled to enter upon, take poace,cion at and cuanage the Property <br />and to collect the rents of the Properiy,ineluding those past due. All rents collected by Lender ar the receiver <br />shall be applied lint to payment of The costs of nwnagement of the Property and eolteetion of recttn, including, but <br />not limited to, receiver's tees, premiums on mceiver's !wads and reasonable ,tttor~ey's fees. and then to the aunts <br />secured by this Mortgage. Lender and the receiver shall he liable to account only for thace rants anc~alh• mceived. <br />