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rfit~t e;t~,e'o,cl or ftalr;,ipvne the due date of the rnvntlrly installment= re~~Fedrred to in paragraphs 1 and 2 he'reo4 or <br />change th,e uarstvusa of such installments. <br />Ilk, Borrctw~r Not Released. Extensive of the time fvr payment. yr moclifeation of amorttzation ai the status <br />'secured ~y 'this llvrtgsge granted by Lender to any -nccessvr in interest vt Borrower shall not. operate to release, <br />in cry manner, ±he liability vt the original Borrower and Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against suet: successor or refuse in extend time for payment or alhet•a'is ~ modify <br />amortization of the sums secured frv this Mortgage Iry reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />Il. Forbearance by Lender Nat a Waiver. Any forbearance by Lender in exercising any right ar remedy <br />hereunder, or other;•ise afforded by applicable late, shall not he a wai.er of or preclude the exercise of any right <br />or remedy hereunder. "File procurement of insurance or the payment of taxes or other liens or charges by Lender <br />,~ shalt not be a wsi~: er of Lender's rigPit to accelerate the maturity of the indebtedness secured by this ~Sortgage. <br />~ 12. Remedies Cumulative. :111 remedies provided in this \lortgage are distinct and cumulative to any other <br />~ eight or remedy ender this ~[nrtgage or afforded h,- law or equity. and ntsc be exercised concurrently, independ- <br />entlc yr successively. <br />~ , i3. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br />herein contained shall bind, and the rights lereunder shall inure to. t.hc respective successors and assigns of Lender <br />and Borrower. subject to rite prat°,sions of }yaragraph 17 hereof. A':I covenants and agreements of Borrower shall <br />be joint curl several. The captions and hcadmgs of the paragraphs of this \[ortgage are for convenience only and <br />01 see not to ie used to interpret or define the provisions hereof. <br />~` 14. Notice. :1ny notice ro Borrower provided ivr in this Alortgage shall be given 6y mailing such notice by <br />certified mail sddresac•d to Borrower at the Property Address ststed below. except for any not-ice required under <br />paragraph 18 iterevf to be giyen to Borrower in the wanner prescribed be applicable talc. ,env notice prvvided <br />fvr in this Zlortgage sF:ull he deemed to pace been given tv Borrower when given in the meaner designatercl herein. <br />15. Uniform Mortgage; Governing Law; Sevetability. "Phis form of mortgage combines uniform cocenar,ts <br />fvr national se and non-uniform covenants with }united variations iy jurisdiction to constitute a uniforni secu- <br />rity instrument covering real property. This \Iortgsge shall is governed by the law of i.lte jurisdiction in which <br />-the Property is located. In the event that ;uty provision or clause of This Mortgage or the Vote eonfticts with <br />applicable law, such canftict shall not affect ether provisions of this \lortgage or the Rote whioh can be given <br />effect tivithottt the conflicting provision, :utri fo 'this end the provisions of the 1lortgaKe <md the Nvie are devlared <br />to ba severable. <br />Iii. Borawer's Copy. Borrower shalt be furnished a conformed copy of 'this 3ortgage at the time of execu- <br />lion or after recordatiot: 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 iy Borrower without Lender's prior written consent, excluding (aj the erection of a lien or encum- <br />t~rance suoordinate to this \lortgage. tbj the creation of a purchase money security interest for household sppli- <br />ances, (c) a transfer iy devise, descent. m• 6y operation of law upon. the dent;~ of a joint: tenant or (d) the, grant of <br />any leasehold interest of three years or less not containing an option to purchsse, Lender msy, at Lender's option, <br />declare all 'the scans secured by this \lortgage to be inuuediately due and payable. fender shat] have waived such <br />option to accelerate if, prior to the sate or transfer, Lender and the persvn to whom the Property is tv be sold or <br />trarsierred reach agreement in tt•ri±iug that the credit of such persvn is satisfactory to Lender and that the interest <br />.payable or, the sum: secured by this \lortgage shall be at such rate as Lender shall request. If Lender leas waived <br />the opt-ion to accelerate provided to this paragraph 17 and ii Borrower ~ successor in interest has executed s writ- <br />ten assumption agreement accepted in writung by Lender, Lender shall release Borrower from alt obligations under <br />ti;*.s ~Sorfgage and the Note. <br />If Lender exercises such option to accelerate; Lender shaiI mail Borrower notice vi acceleration in accordance <br />=with psrsgraph I# hereof. such splice srtii provide s period of not less than aft days from the, date the notice 4 <br />tne~iied within which [lorrouer uiSy pay the sinus decbu•ed duo. If Borraoteer fsuls to pay sorb .ants priu; to the <br />expurativr: of suet. period, Lercier may, tritl:vut tt;r~l:,=r rtet.ice yr demand vn Berrvwer, itts`vke any rtimedi?s per- <br />m:tc.:: iii` parag[aph 18 ierevf. <br />~.•_ .. u,s~ t L ildtt• T'urtl.t= uo tt •nt..,.;c: tr-tom-c- n ;;~,Il;e.s•-: <br />ld. AecelQraffan; Remea~fes. Ixcept as pt»yiclcd in l~arttgrfrpit I[ ht=reair tipun Barroti~P ftri.rcit of ant- _ <br />covenant nr agreement of &,n•rutver in this Mort}„agr, uncluding the covenants to pay aficn due an}• sums secured <br />by this Alortgage, Leniuer ;tripe to acceleration ehaiFina~l.nvtic•e to I3vrt»trcr as provirierl in paragraph 14 hereof <br />specifying: (li the breach: t21 the action required to pure such hreuelr, t3) a date, nok-less than thirty days <br />from the d;ae the notice is wailed to Borrower, 6y which such bt•c;tch uutst be curc~f: anti t4i tfrat failure to cure <br />sut:h breach on or before thz~ dart specified in the uoticc may result in acceleration of the sums secut~l by this <br />:tlvrtgaga turd sale of the Yru}rcrty. Ii the breach is not cured on or befvt•c tic date specified in the notice, Lender <br />at Lender's option roar dcYlare a!1 of tic sums se-cured iry° this ~lnetgogr= to ho iuuneduately duo suet payailc = <br />without furtL•cr demand and uray faux hse thus Mortgage b}• judicial proceeding. Lender shalt he entitled to collect <br />in such proceeding all exp,nscs of forerlosut'r~. includinl;, but not inutcvi to. cost, of docuutetrtary cyidenec, <br />abstracts and title r•epnrts. <br />19, Bariower's Right to Reinstate. ~otwithrutnduttg l.endcr's acceleration of the soots secumd by this <br />A•So~gage, Borrower shat! have tie right tv have env proeeeclinp:s lrcgun by T..endec to enfon•e this lfortgage dis- <br />continued at any tiure prior tv entry of a judgment rntorcing this \lortgage if: la) Burrower pays I.vnder alt <br />awns which would be then due under this Mortgage, the \ote and notes securing Future Advances, if any, had no <br />acoeierativn occurred; tit Borrower cures all breaches of any other coventutt-. or agt•c~ntents of Burrower can- <br />-- twined in this t~larcgage; tej Borrower pegs all rt:asvnable expenses incurred by I:ender in enforcing tie covenanter <br />and agreements of Bart»wer contained in this Mortgage suet in enfv:•ritek I.cndcr'. rentcrdies as provided in pars- <br />-graph 18 hereof, inoluding, but not limited to, reasonable attorne~•`s tees; and tdt Burrower takes such action as <br />Lender may reasonably require to assure that the lien of this \lortgage, l.cnder's interest in the Property and <br />Borrower's obligation to pay the sums secured by this ZSurtgagc shall continue uningtaircKt. upon such payment <br />xnd cure lty Burrower, ibis ?tlortgage and the obligations secured hereby she-1 rennin in I•ull force and effect as if <br />no acceleration had occurred. <br />Z!). Asafgnbnent of Route; Appoustment-of Receiver; Lender its Posseasian, As additional sccuruty here- <br />• under, Borrower hereby assigns to Lend. rthe ieiits of the ProperK.v: provided- that Borroa`et• shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Yronerty, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragri-ph 18 hereof or ahandGnatent of the Property, Lender, in person, by agent- <br />or by judicially appointed receiver shall Ile entitled to enter upon, take possession of and manage the Property <br />and io collect the rents of the Property; including those, past due. All rents collected by Lender or the receuver <br />shall be applied first to payment of the costs of management bi the Yropert~• anti collection of rents, including, tut <br />not limited to, receiver's fees, i?remiums on receiver's hoods and rcasonal>le attot•ney's tees, and then to the sums <br />secured by this Mortgage. Lender and the receiver shall he liable to account onh• for those rents actually received. <br />