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not extend en• pnstpoueithe due date of flee monthly instaklnrents resferred to Sn paragraphs 1 and 2 hereof or <br />change fete amau:at of such installments. <br />10. Borrower Nat Released. IPxtension of the time for payment ar madificat:ion of amortization of the sums <br />secured tyy Llris. Rlartgag€ granted by Lender to any successor in inter•rssl: of Borrower shall not operate to release, <br />in any marrnt:r, tkac [lability of the original I3orratver and Borrower'.,; successors in interest. Lender s: all not be <br />required to commence proceedings sgainst such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage 1>y reason of any demac:d made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Nat a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or ot.ltancise afforded by applicable law; shall 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 or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cttmulativ®. All remedies provided in this Mortgage are distinct and cumulative to any other <br />right or reruedy under this \[ortgag€ or afforded hy- laty or equity, and may b€ exercised concurrently, independ- <br />ently or successively. <br />~ 13. Successors and Assigns Bound; loin[ and Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall imtre to. the respective successors and assigns of Lender <br />~„+ and borrower, subject to the provisions of paragraph 17 hereof. Alt covenaut_, and agreemen+s of Borrower shall <br />be joint and several. The caption: and itcadings of the paragraphs of this AIortgag€ am for emrvenience 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 Mortgage shalt be given by mailing such notice by <br />I certified mail addressed to Borrower at the Property Address stated below. except foe any not-ice required under <br />~ paragenph IS her€oT to be girmr to Burrower in the manner prescribed by applivublc law. Any notice proyided <br />/~ for in this J[artgagc shall be deettred to have been given to Burrower when give[ in the manner designate+i ht•roin. <br />15. Uniform Morigage; Governing Law; Severability. 'Phis form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrwncnt. covering real property. This Mortgage shall be governed by the law of the jurisdiction in which <br />the Property Ineatei. in the event that any provision or clause of this Mortgage or the Note conflicts with <br />zpplicable i:tte.:,ueit conflict shall not affect other provisions of this \iottgage ar the Note which can be given <br />effect without fire conffieting Iyrovision, and to this end the provisions of the Jortgage and the Note are declared <br />to be severable. <br />16. Borrower`s Copy. Borrower shall be furnished a co•tformed copy of this illortgage at the time of exeeu- <br />tian or after recordation 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 by Borrower without Lender's prior written consent. excluding (at the creation of a lien or encum- <br />brance subordinate to this Mortgage, (ht the creation of a purchase money security interest for household appli- <br />ances, ic} a transfer by devise, descent or by operation of law upon the death of a joini Lenart or (dl the grant of <br />any leasehold interest of three years or Less not containing cut option to purchase, Lender may. at Lender's option, <br />declare ail the surns secured by this Mortgage to be inunediutely due and payable. Lender shall have waived such <br />option is sacelerate if, prior to tl:e sale or transfer, Lender and the person to whom the Property is to rye sold or <br />trarrsferrctil reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest <br />payable on the sums secured by this Mortgage shall iae at such rate as Lender sEtall request. If Lender has waived <br />the option to accelerate provided ir. this paragraph 27 and if Borrower's successor in interest Iran executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br />this tblortgage and the Notc. <br />If Lender exereist~s such ol>tiaa to accelerate, Lender shall snail Borrower notice of acceleration in accordance <br />tviih paragraph 14 here+af. inch notice hail lyrovide a IKriexl of not Iesa titan 30 clays fraru the date ti=c' notice is <br />mailed within which Borrower may pay the runts deciaresi due. If Barrocver faits to Iia}• sut•Ir sums prior to the <br />expir'sttiarr of such pcriari, Lerrd«•r tray. without further notice ar ct€manti on Borrower, inyakc any rerne~[i€x t~r- <br />mitteci kay paragraph I9 ltereaf. <br />~trg-I` :.,•ett:. t °;+;~;~-,~ :••t•, flcyrrower nttei l.entit:;• farther yeti°t'ttunt attrl a;;t`pe> a< f..Iltytss <br />12. fiec:eterr~iian: Hetxediesr. E:xccpt :ts prof°itlcd in paragraph I7 hereof, a}=on Barrower'n breach of any <br />coven; nt tyr agrvrretrne of Borrower :re ilea ~Iortt;agr, itre•Iudinfi the- covenant:; to Isay wltcn due urn' -urtr >«•cttr~.I <br />by this \iurtgage, bender prior to acceleration <hall utati entire to Borrvwcr as pravidrve: to paragraph t4 hereof <br />s{yecitying: Ili the hrr•xvh: 12t the action r€quiretit to cure such ![reach; 13} a flute, nut less [hart thirty days <br />from rite daft the notrec ~~ mailed to Burrower, by trlticlt sorb breucit utust lye cured: ami t41 that failure u, rare <br />:,uch breach on or h€fore the date specified in thrr notice may resuk in ac~€kratiun of the suttrs s€etrrtvi by this <br />Mortgage anti sale of the Property. [f rho breach is not cured ar, ur txfm'e the slate specified in thr entice, Lender <br />at Lender`. olytian may +leelarc all of the =u,es sccurt=ci by this yortgage to Ix: innnttitiatet}• due rend payable <br />without further drmand and may foreclose this Mortgargc try }udicial prorecviing. Lender .hall t>L entttitKi to rnllect <br />itr .arch proceeding ell expenses of furPCitasure_ Including, but not hmiteel to, cants of docusnent;rr~ .•crclrnr€, <br />Ishneraett and tith° reports. <br />19. Borrower's Right to Reinstats. \otwitk+ntaading [.ender'.:u•celcratiun ui the scans secured fay this <br />~lartgag€, Burnawer sltali have firs= ri~,ltt Sea have= ackt proc€{chngs hegws ty Le=neter to enfon•€ [kris Stortga~ dta- <br />eantinucd at any time prior to entry of a Iudgm€nt t-nitx7cing this \Iartgage ii. ta! Borratver pays Leadee aII <br />suers which woukd k,ts then due under thi.~ ~lortgagc•, the Vote and notes sNCnring Futum :t,dvance., if any. ha:i no <br />acceloration occurred; tbi Borrower cures all hreat•hc tyf Itny other covenants or agrt=€menta of Borrower corr. <br />tained in t.hiv htortga¢€; Ice Borrower [toys all re•a:couahie exl!€nses incurmi by I.endrr in enforcing the covrrtant~ <br />and arzz•eements of 13arrrnver cont~ine<1 in this \t+?rtgage anti in €ufur€ing L€tttier't rentetli€s as pntvidecl in Para- <br />graph i8 hereof, including, but not limited to, reasonable attorney's Estes: and tdI Bar.•uwer iake~ sau•h action as <br />Lender may reasonably re=quire to assure that the lien of this Mortgage, Lender's interns[ in the= Pratxrty and <br />Borrower's obligation to pay the gums rteeun"ei lay this titortgae;a shalt continue unintpairetl. I'Ixm such payment <br />and cure by Borrower, this Mortgage and the obligatiarts secured hereby shall remain in toll force: and effect as if <br />no aeeeleratian had occurred. <br />2tt. Atseigrstrtt~t of l~snta: Apivdatmemt od Retefve:: Lender is Po~easion. As additional security here- <br />under, Borrower hereby assigns to Lender the rent: Of the Property, provide d that Barrewer shalt, prior to aeeeter- <br />ation under paragraph 18 hetnof or abandomnent of the Property, have the right to collect and retain such rents <br />as they become dtae and payable. <br />tlppn acceleration under paragraph t8 ltetruf or abandonment of the I'raperty. Lender, in person, by agent <br />ar by judicially appointed receiver shall be entitl€ti to tent€r upon, take pasr.:sion of and manage the Property <br />=mar=ts of tnc r ru~,~y, irlctua'ing those past due. Ali rears coilertetl by Lender or the receiver <br />shat! E~ applied fi of tY p aym~rst of itto vrosts of tnanagentent of tht Prtapcrty and cattettiori of rents, including, but <br />not limited io, receiver's fees, premiwns on receiver=s bonds and rcasouabic attorney's fees, and then to the sums <br />secured by this Mortgage. hentier and the receiver shall he liable to account only for ":+usc rents setually rceeivad. <br />