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c <br />na~~G tactene'i at l~aastt~rone the due date o,•• the tnontl:ly° $nsttalluaents sferrt;dta its I'~aragraphs 1 .~~tnd 2 hereof or <br />eh,tttge the. ttn7aunt of such installments. <br />I~, $,c+rrgwer Not Released. Extensiota of tltt; tintgt fat• lraynuent ur modifacaiion of arnortization of the a,,trns <br />secured b;ir this llcrmt.gage granted l,y Lender eo .tn}° .~ttt^cessor it interest of Borrower shall oat ,operate t., release, <br />in any manner, the liability of the original Borrower and Borrower`s successors in interest. Lender shad not he <br />required tv conunettce proceedings against stu•it successor or refuse to extend lime for payment or otherwise modify <br />amort.iZaiion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />I I. Forbearance by Lender Not a Waiver. Anc forbearance icy bender in exercising an;• right or remedy <br />hereunder, or otherwise afforded by applicable Iaxy, shall not be a walker of or preclude the exercise of any right <br />or remedy hereunder. 'I he procurement of insurance or the payutent of taxes or other liens or charges by Lender <br />shalt oat 6e a x+aiver of Lenders right- to accelerate the maturity of the indebtedness secured by this !•lortgagc. <br />h. Remedies Cumulative. :111 remeities provided in this \lortgagc are distinct and cumulative to ang other <br />~ right or reined}• tinder thisliorigage or ;ttiarded b}- Ian- or equity-, and map lac exercised concurrently, independ- <br />entry ur successively. <br />13. S~iccessors and Assigns I3otmd: Joint and Several Liability: Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors ,nd assigns of Lender <br />and Borrower, sulajeet tv the pmvisions ai paragraph 17 hereof..~111 covenants and agreements of Borrower shall <br />be joint and several. The. captions and headings ut thu paragraphs of this Mortgage. are for eonx•emence only and <br />are not to be used to iaterprei or define the provisions hereot. <br />P 14. Notice. :1n}• notice to Borruxver prox•ideti for i^ this ltortgagc shall he given by mai5ng such notice by <br />~ c-ertified uuaii addressed to Borrower at the Property :lddress stated helutx~, except fm• am notice required under <br />par_.tgt,3p1; IS !:erect to be given to Borrower in ttac manner prescribed he applicable latxv..~ny notice proviua~d <br />for in tiii~ Jortgage shall 6e deemed to hays been giceu to Burrou-er xchen gireu in the manner designated herein. <br />15. Utvform Mortgage: Governing Law: Severability. 'this forth of mortgage cominnes uniforttt covenants <br />for oat-tonal trse and oat-unffarm covenants xvith limited x-ariatious by jurisdiction to cmesiit~ute a uniform secu- <br />rity instn:nrent •~"x~ering real property. Thin \lortgagc shall be governed by the law of the jurisdiction in which <br />the Property is h,rated. In the ex•ent that any provisio^ or clause of this .',Mortgage ar the Note conflicts with <br />applicable Iaxs, Brach conflict shall ^ot affect other pr•ovisivns of this Mvrigage or the \ote which can be given <br />effect without the catHicting prof=isimr, and to this end the previsions of the Mortgage land the Alote are declared <br />to be severable. <br />- - I6. n.,rro~or's Grp. Lr.^,rrv:t•er shall he furnis}:ed a rcrform2d caks a, this Sarigagz at the time of ~xeeu- <br />tion or after recordation hereof. <br />I7. Transfer of the Property: Rssumpfion. Ii all or am- part of the Property ar an interest therein is sold <br />or transferred by Barrocrcr without Lender's prior written consent, excluding jar the creation of a lien or en~um- <br />brance subordinate iv dais Mortgage, t b i the creation of a purchase money- security interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of laze upon ehc death of a joint tenant ar (d) the grant of <br />any leasehold interest of three year or less not coniainiug oat option to purchase, Lender may, at Lender's option., <br />declare al[ the sums secured h}• this \Ior'tgage to be. immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer. Lender and the person to xvhuut the Propert}• is to be sold or <br />transferred reach egret merit in writing that. the credit of such person is satisfaetvr}• to Lender and titan the interest <br />payable on the sums secured by this Mortgage shall be at such rate as lender shat) request. It Lender has waived <br />the option to accelerate provided in this paragrapit 1 i and if Borrower's successor in interest loos executed a writ- <br />ten assumption agreement accepted lit writing by Lender, Lender shalt release Burr+>tt•er Tram all obligations tinder <br />this Dortgage and the Note. <br />If Lender exercises tttclr option to accelerate, Lender shall !nail Borrower notice of aeceleratiotr in aecardanear <br />with paragraph 1-t hertrui_ iueh notice shall provide a period of nat. less than 3C1 days iron the data ±he notice is <br />mailed x+itltin xvhicit Harrower array pay the Bunts detdareti due. If Borrower fails to pay such runts prior to the <br />expiration of such period, Lender may, without further notice m• demand on Borrower, invoke any rernedic, per- <br />mitted by paragraph 1$ I.er~af. <br />\t~.-T`srron~t t'ovE:t.nx•ts- Elort•att•er and I.euder further covt'nant surd ay''rpa us fuliaty <br />18, Acc~leraei~: Ramedlo-s. I;>t<~ettt ~t~ ;~c~ticl~~~1 ie; sutt~tgra,!'= 17 l;erf~~?f. ttp~*.t Be:rruF~r'= `~~=.:--c=`-~;}° <br />covenant ur agreement of Borrower in tins Murtgrt~c, including the covenants to pay xx•hcn doe utty =ums -+e~ureci <br />by this Mortgage. Leruier prior to srrelersuian shall uaai! notice eu 13vrrmvc•r a pttimidc:i in pztr:tgntplr t~ hereof <br />specifying: ill fire bsael,_ ill the action requhrtl to cum suettxl3readt;-f3: a date, trot less than thirty days <br />from the drate the notice is mailed to Itarroxvor, by which each breach utu=t 6c eared: and i31 that failure tv cure <br />such breach on yr before the date specified in the' notice rusty reaul# ir, accelYt•atitin of ttrr Boors serttr€zl by this <br />]lortgagc and safe. ui the Property. If the brcae•h is not cured on or before the done specified in the nvtire. Lender <br />at Lender's option may declare all of the stuns secumd he this ~ivrtgage ut he immediately due and payable <br />xvit}tout further deausnd anti may foreclose this \Cvrtgnge 6y judicial proceediag_ Lendee shall be rntitteti to ss>lleet <br />in such proceaiiug all rxpensc+ of forectosurc, including. but not linrttcd ta. gusts of dacmnentary eridence, <br />abstracts and title sports. <br />19. Borrower's Right to Reinstate. \ohvithst:uuiing Leader'. taceeleration of thu Bouts secured by this <br />'_bortgage, Borrower shalt have the rigltc to have any proceedings I:egun by Cruller to enforce this \lortgagc dis- <br />continued at any time. prior to entry of a judgment enfolcittg thi; \lortgagc if: tar Bot•rowt:r pays Lender all <br />sums which would be then due miler this ~lortg.+ge, the Note and notes securing Future :ldyanees, if any, had no <br />acceleration occurred; thi Borrower curt;n alt breaches of au}• other covenants or agrceutE:nts ai Bm•roµer con- <br />t~ined in this'42ertgage: sr) ?~orrawar pays all reasonable exlrrnsc° inetsrrrxl by I.t=oiler in r<nforc=ing, lily iovenxnta <br />and agreements of Borrower contained in this 3lartg;agc and in eufmrint; Lentier:s remedies as providrr~tl in para- <br />grsph I$ hereof, including, but not limited to, nasonahle attorneys tee;: ant! till Borrower takes such :tet.ioa as <br />Lender may reasonably require to assure that the hen of thin \lortgagc. Lender's interest in the Proltert}• and <br />Bat•rt+wer's abiigation to pay the sums secured by this Mottgage shall continue utsimpairetl. L'lwn Buell payment <br />and cure by Borrower, this 9ortgage and the obligations secusd hereby shall remain in full force and eR•ect us it <br />no acceleration had occurred. <br />2tl. Assignmaat of Remus: Appaintmattatt of Reeeivox: Leader in Possession. As additional security hes- <br />under, Borrower hereby assigns to bender the rents of the Ptrolierty, provided brat Borrower shat!' prior to acceler- <br />ation under paragraph IS hereof or abandonment of the ProlTerty, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph I$ hereof or abandonment of the Yrolterty, lender, in person. 6y agent <br />or by judicially appointed receiver shelf be entitled to enter upon, take possessimt of and manage the Property <br />and io eviieet tiro rents of the Property, includifg those past due. All rents cotlet•ted by Lender or the sceiver <br />shall i~ applied first to payment of the costs of management of the Property and eolleriion at" rents, inchuling, but <br />not limited to, receiver's fees, premiums on receiver's i>omis and reasan;ahle attorney's :ee=, and then to the sums <br />secured by this yortgage. Lender and the receiver shall he liable to account onh• fur those sots actunlh• srnived. <br />