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not a:xtend ;ar ,w;tnone she duff tiara of Flee tnorat i ;;,,a:'In.a,-ts a•rt- •u::al tour :,ara9rapl,.= arnci `~ rereat or <br />charsgya the amount of s~actr instalirta~a'ts. - <br />10. $orrower Not Released l~xf:e,srston aai' flu, ns;rr frat• lr;r,;ctuactts ar rarodif*.caiaan of arnork.izatsan of the sores <br />~t•trrad lay tli3s lfdrt,gar~;e granted br I.s,rader to :arak nr ees,a;+.rt in inta,~rest rnf Borran•a'r shall rEak, r~},rarete to release, <br />in any manner, the liability of the original BorrCtver and l3orroxer"s snecesars in interest. bender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization oY the sums secured try this :Iortgage 6v reason of stay tianiand made by the original Borrawer and <br />Borrower's successors in interest. - <br />II. Forbearance by Lender Not a Waiver. .any forbearance by Lender in exercising am- right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not ba a aai:er of or preclude t#ie exercise of any right <br />or remedy herrttnder. Tire procurement- of insurance or the payment of taxes ar other liens or charges by Lender <br />shall trot be a tt-aiver of Lender`s right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12, Remedies Cumulative. :yll remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this .Mortgage or afforded b}- law ar equity. and ma}- he exercised concurrently, independ- <br />ently ar successively. <br />;~ I3. Successors and Assigns Sound; Ioiut and Several Liability; Captions. Thc• eoveu:ints and agreements <br />herein cottained shall bind, and the rights hereunder shall inure ta, the resper•ti.c stiecessors :nrd assigns of Lander <br />and Borrower. ~ub,ject to the provisions of Aaragraph 1'r Lereof..~il cuvcnaur, sr.,i agrecments of Burrower shall <br />;~ be joint and saearai. Tire caption. and headings at the paragraphs of thin Mortgage arc tar cam•enierce only and <br />are not #-0 be used to inrerpret or define the 1>rarisions hereaf. <br />14. Notice. anc• potter to Borrower provided for in this \lotteage =hail t,r given by m;iiling <uch notice by <br />r~ certified ruarl :r3tiresed to Borrower at the Property .~ddrrss ;rated below. cxccAt tar an3~ native required under <br />~ paragrapl; 1R hereof to be givcu to Borrawer in the mannea' prescribe,i b}' aAlibrablc i:rv:..3nv notice provided <br />h, for ir. this \(urtgage shall be tiecnied to have Bern given to Borrower ~chen given m the raannc t' designated hernin. <br />I5. Uniform Mortgage; Governing Law; Severability. 'I'hi.~ lotto of :uartgane comirines uniform covcr,aa< <br />far national use and non-uniform covenants with limiteti variations by jurisdiction to corstit.ute a uniform secu- <br />rity instrmnent covering real property. This \Iortgage shall Ire gocarned b: t-he law of th,~ jurisdtetion in evhich <br />the Property is located. In the event that any provision or clause of this ~•Iortgsge. or the Note conflicts with <br />applicable lsw. ,s~r,la conflict shall not affect akhar provisions of thi, ~im•tgage or the Atotc which can bo given <br />?fleet without tiw conflicting provision, ;zed to this end the provisions of the Afartysge and the Nate arc declared <br />to be severable. <br />16. $ozrowex's Cony. Borrower strati he furnished ., ran+armed taps of ±his ~lortESge a~ the t~me of axa~•u- <br />Lion or at"er recordation hereaf. <br />17. Transfer of flue Property; Assumption. It all or any part of the Propert}• or an interest therein is sold <br />or transferred by Borrower without Lenders prior written consent, excluding (.a I the creation of a Tian or eiteum- <br />brance subordinate to this \Iortgage, (b] the creation of a purchase monc~• security- interest for household appli- <br />ances, icl s transfer by devise, descant m• by operation of law upon the death ai a joint tenant or ad) fire grant of <br />any }easehaid interest of three years or lass eat cantaini:ig an optio.r io purchase, I.,enr,er may, at Lender's option, <br />declare all the sums secured by this Mortgage to be immediatel}• due and payable. Lender shall have waived such <br />option to accelerate ii, prim' to the sale or transfer, Lender and the person to whom the 1'ropei•ty is to ba sold or <br />transferred reach agreement in writing that the credit of such persor, is satisfactor}- to Lender and 'that the interest <br />payable on the sum, sex;urad by this Mortgage shalt he at such rate ss Lendar shall re:-tuest. Ii Tender has waived <br />the option to accelerate provided in 'this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in writing Ivy Lender, Lender shall release Borrower trout all obligations under <br />this NIortgaga and the Nate. <br />If Lender exercises such option to accelerate, Lender shall uiaii Borrower notice of ac.eleratiau ir. aecordatte€ <br />with paragraph 1~ hereof. Suclr not-ice shall provide a period of nut k•4. thou 30 days from fire dot-e the nntr~ e :> <br />mailed ~ir^ithin which 13arrowrr may Tray the sums declared due. 1f Borrower tails to pay suet: sums prior to she <br />rxpiratiara of such Aerial, (.:ender may, teithout further native or ~femand on }3'orro,eer, invoke any remedies per <br />shitted by paragrapl 18 hereaf". <br />Ntr~-I`v:>=rrnxr Cosra,.::~s. tiorraaer unci 3.enrier further cuvenauf and fl~rer as tailor+'s; <br />I9. Aceet®ratian: Remedies. lixc•ept a, I,racidcd in t>aragraith 17 !terc~i. ulrr~~ Berruti4~~'. L~~ of qty <br />covenant tit agt•er=rereut of Borniii•rr in thiti Morteugc, inciu«ling the covenants to pay t[hrn true any stuns >reurrat <br />6y this Mortgage, Lender prior to aereteratiun aurll melt uotiee to Berron'cr as In•ovided in pew'agruph l~ hereof <br />specifying: all the breach: r2i the action rrgtiircd ro cure such irrcaclr; l'3. a date, nut its th:ur thirty days <br />from the date the native i, nutile<i to Borrower. ivy which such hteach must be cnre,l; anti t~ i that f;tilure to tort, <br />such breach on or before the date specified in the notice uiay result ui acecie*ratian of the suu~s scetrred by this <br />Afortgaga and sale of the Yro,rert}•. It the brearlr i, not cured ar. or betotr the daft .,pe,cified in the notice, Lender <br />at- bender's option may declair alt of the sum, serm•ed by this Mortgage to br inmtedi:rtelc due and payable <br />without fiu•ther+ieta:.nd and may fareclusr this Mortgage by judicial lu•acrading. Lendershali he entitled tv eallact <br />in such proceeding ail expenses of foreeiosnre. including, but eat limited ta, costs of ducu;rrentatrv evidenr,~, <br />al>straots and title reAorts. • <br />19. $orrower's Right to Reinsiat®. ~atµ•ithstundiug l.endrr's ura•Icr:uiou of ehe. sum; secured by this <br />Mortgage, Borrawer shall have the right to have any proceedings begtm hr i,rndcr at enfant this ~4ortgage dis- <br />eontinued nt uny time }n•ior to etttry of a judgment rnfopeing this Jortgage if: tar Barroterr pay: Lendar all <br />sums which would be then clue under this Jlartguge, the Note and Hates securing I•'uture .ldvunces, if anc•, had no <br />acceleration occurred; (b1 Borrawer cures all breuchc. of am• other covenants or agrneuients of Borrower con- <br />tained in this Mortgage; icl Borrawer nays cili reasonalzir .•atrc•nse> hirairrcd by l.endtr ;n : nforr-ing, titt< e-avenants <br />and agreements of Borrower contained in this llnrtgage iirui in e•nforring i.rt~cier's remcziir=< as irruvtded in Aara- <br />graplz 18 hereaf, including, but. eat limited to, retisonalale a[ta:•ne}•'• iris; and Ida Borrawer takes such action as <br />(.ender may reasonably require to assure that the lien. of this \Iortgage, Lender; irterrst in the Yralierty anti <br />Borrower`s obligation to pay the sums secured by chi.. \lortgrt,r shaft cantinur uninrpaircd. Upon such payment <br />and sure by Borrower, this }Mortgage and the obligations secured hereby shall rrnratiu in full force and effect as if <br />no aeceleratian had aecurrezl. <br />2{I. Astugnmeat of Bents; Appointment of Receiver: Leader in Possession. As additionui security here- <br />under,Borrower hereby assigns to Lendar the rants of the Property, pravidEKi that Borrower shall, prior to acceler- <br />ation under paragraph i8 hereof or abandonment of the I'raparty, hove the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph ifi hereof ar ebandonmenf of the Property, Lender, in Iverson, by agent <br />or by judicially appointed receiver shall i>e entitled to enter upon,. take possession of and manage t.lte Prapartn• <br />and to collect the rents of the Property, ineludin~ those past due. ail rents collected by Lender or the receiver <br />shstli ba applied first to psyr~nt of the casts of management of fire Property and collection of rents, including, but <br />not limited ta, receiver's fees, premiwns on receiver`s bonds and reasonable attorney's ices. and then to the sums <br />secured by this :Mortgage. Lender and the receiver shall he iinble to account onh• for tho-~ rents actually received. <br />