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.~ ._M C°~ `(~ -~ CF: i'b not extend o: posilsrnre the due d¢tka• a7 tht~, ntorokrriy insrtrt,h~neru~t~, r~•ferretl to ir9 paragraphs 9 and `l 1lercaf or change the amount, v,f such ~irrshalhnent«. 1D. Harrower Not $elecrsed. F'll>vten.+[~itan r~tf floe tirnc 6o~e ~Ira~c•~mc:nt or rmadifirstis~F,uorr o~f amortization of the sums secured by ttsis liortJ;age gra,nx~~ed kyy l.orncler ti~o~ un~~ se~~rmcessor• ir: anterest of Blar~rntt~er shhall not -operate f,,o release, in arty manner, t}te liability of the, arigit:al Ilorreswer anti Bvrr°owter's successnr:M in interest. I.c:nder shall not be retuired tv commence Irroceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured lay this Mortgage by reason of any demand made by the original Borrvwer and Borroxer's successors in interest. 11. Forbeaztmce by Lender Not a Waiver. any forbearance by Lender in exercising any right or remedy hereunder, or vtheru•isc attorded i>y applicable tats, shall not be a tvai-rer of or prechrde the exercise of any right or rerne<f_r ereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a u~ativer of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. :4ll remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this _llortgage or af"tm•ded by talc or equity. and may be exercised coneurrentdy, independ- ently or successively, y l3. Successors and Assigtns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shat! im:re to, the respectit•r successors and assigns of Lender and Borrower, subject to the provisions of l,aragraph i7 hereot. All covenants and agree.:rents of Borrower shall be joint and astern!. The captions and hcaiiings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the lrrovisious hereot. 24. Notice. any notice tv Borrotwer provided fm• in chi. llortgage shaft he given b}• mailing such notice b}• certified mail addressed tv Borrvwer at the Property Address rutted below. except fm• any notice required under paragraph I8 herevf to be given to Borr•otcer in the manner prescribed by applicable tats. Any notice provided for in this Mortgage shall be deemed to have lrcen given to Borrower :then given in tl:e manner designated herein. 15. Uniform PQortgage; Governing Law: Severability. 't'his form of morigage combines uniform covenants for national use and non-uniform covenants with limited variations i,y jurisdiction to constitute a uniform secu- rity instrument rovering real properq. Thic_ \lortgage sha!1 be governed by the law of the jurisdiction in which the Property i:: Ivcateti. In fhe eveni that any- provision or clause of this llortgage or the Note conflicts with applicable late, >uch conflict shall not affeci other provisimts of this llortgage or the Note which can be given effect without [he conflicting prot•ision, and to this end the protisions of the llortgage and the Note are declared to be severable. 16. Borrower s Copy. Borrower shall he furnished a conformed copy of this \lortgage at the time of execu- tion or after recvrdatia? hereof. 17. Transfer of t$e Property; Assumption. If ail or an}- park of the Property ar an interest therein is sold or transferred by Borrotwer without Lender's prin. written consent, excluding (a} the creation of a lien or encum- brance subordinate to this Mortgage, (b} the creation of a 1>m•chase money security interest for household appli- ances, (c} a transier by devise, descent or by operation of late upon the death of a joint tenant. or (d) the grant. of any leasehold interest of three years or less not. containing an option to purchase, Lender may. at Lender's option, declare all the sums secured by this :llortgage ko be inunediately due and payable. bender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satist`acta•y to Lender snd That the interest payable on the sums secured by this \lortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in This paragraph 17 and if Borrower's successor in interest has executed a wvrit- ten assumption agreement accepted in writing by Lender. Lender shalt release Borrotter from all obligations under this llortgage and the Mete. If Lender exercises anti: option io accelerate, Lender shall mail Borrower notice of acceleration in accordance twitlr paragraph ld hereof. 8tteh Wailes shall provide a period of not ieEs than 30 days from the date the notice is mailed ;;•itl;in t+hicl[ Borrowwer Wray pay flee surus declared r-luu. If Borrotwer fails to pay ouch sums prior to the expiration of such period, Lender may. twithout turther notice or de,nrand oa Borrower. invoke any remedies per- rnitted lay parsgraph 18 hereof. \.-x-I-~,.:rr=: ='z-svrt;=~. Iiorrowet• anti I,enc2er i`urther aovrtant and rtJ;rte as tollewr;: 18. Acceiera*,ion: Rgn:adies. P;xcetat as ln`a. irled in lratrahra}rl. i7 hereot, upon Borrower'. irreach of any covenant ar agreement of Bvr:•rs+>ser in this lh>rtgage. including the rnyenants to tray twhcn clue any sums secured by this Mortgage. Lender prior to acceleration sha!I uruil uvtice to Borrvwer as prot•idcd in parsgraph 14 hereof specifying: ell the breach. i2t the action rcyuiret! to cure such bnzach; 13).~a dati•, not less than thit'ty days from the date thr• nutlet i~ maih~[i tv Bon•otccr. Ly rt•hieh such breach must tae curet!; and idi that failure to cure Bach f.,reaeh on yr before tl:e date specified in the notice nuty resuh in aceeleratitm of the sums secured by this llortgage and sale of the Yrvpcrt}-. If the breurli is not cared on or before thu date specified in the notice. Lender at bender's option may ileclarr all of the sums secured Icy 'this !tort-gage to he itmne<iiatciy dot= and payable without fort-her demand and may foeeclvse d:is llortgago by judicial proceeding. Lender shall he entitlc~ci tv cvtleet in such proceeding all expenses of fori~cla,.ure, mrhniing, but not limiti•d to, costs ai daeunientary evidence. abstracts and title reports. 19. Borrowers Aight to Reinstate. \oncithstandurg Lender's aeoeleratiau ui the sums secured by this Mortgage, Borrower shall have the right to have any Irrocectiings begun by Lender to cnforci~ this llarfgape dis- continued at any time prior to entry of a judgment enforcing thi. Mortgal;e if: ta, Borrot+•cr pays Lender alt sums trhich would be then due under this llortgage, the Aote and notes securing Eutuec Advsnces, if sm•, had nu acceleration occurred; ibt Borrower cure:: all breaches of any other covenants or agn~ntents of Borrower con- tained in this :Mortgage; tc) Borrower pays all reasvnsblc expense. incurrt:ri by i•e•nder ire enforcing the covenants snd agr~n3gnt~ of Bvrrowe-- contained in thiF tlvrti;at;c anti itt anforring LE•ndr-r h rcmxdiery as provided in parn- grsgh 18 hereof, inchding, but not Limited to, reasonable attorney's to-cs and :dl Borrawar takt~ nun=h action s, Lender may reasonably regttire to assure that the lien of this \lortgage, I.endcr's interest in the 1'mpcrty and Borrower's obligation to pay the sums secured by this llortgage sh:ett continue unimpaired. t'pon such payment -and cure by Borrower, this 3lortgage snd the obligations secured hert:by shall remain in tut! farce and effect as if no acceleration had occurred. 2d. Assignment of Bents: Appoiabaent of Receiver, Lender is Possession. As additional security here- under, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceler- ation under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Yroperty, Lender. in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect "the rents of the Property, including those past due. All rents co0eeied by bender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds snd reasonable aktorrrey`s fees vend then to the sums secured by this Mortgage. Lender and the receiver shalt be liable to aecvunt only far rhos.. rents ach;alh• received.