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not extend or postpone the due date of the monthh• hstallments referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />10. Borrower Not Released.- Extension of the time t'm• pavnrent or modification of amortization of the sums <br />secured by this tilortgage granted by Lender to any successor iu interest. o£ Borrower shall not operate to release, <br />in any ananner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be <br />required to commerce proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortisation of the sums secured by this \lortgage in• reason of any demand made by 'the original Borroter and <br />Borrower's successors in interest. <br />11. Farbeasance by Leadez Not a Waiver. day forbearance 6c Lender ia; exercising any right or remedy <br />hereunder, or othernise afforded by applicable law, shall not be a waiver of or pmrlude the exercise of any right <br />~ or remedy hereunder. The procurement of irsurance or the payment of taxes or other liens or charges b}- Lender <br />jf1 shall not be a waiver of Lender's right ±o accelerate the maturity of the indebtedness secured by this Martgage. <br />~ 12. Remedies Ctuaulative. .411 remedies provided in this \Iorigage are distinct and cumulative to any other <br />right or remed}• under this Mortgage w aafforded in- Iaw or equity, and mn}• ire exercised canrurrentdy. independ- <br />`y early or successively. <br />13. $uuessors tmd Assigns Bound; Ioint turd Several Liability; Captions. The covenants anti agreements <br />hernia contained shall bind, and the rights hereunder shall inure ta. the respective successors and assigns of Lender <br />~ and Borrower, subject to the provisions of paragraph 17 hereof. ail covenants- and agreements of Borrower ehalI <br />~ be joint. and several. T;.e captions and headings of the paragrnphs of this Mortgage are for conrenieuce only and <br />are not to be used #o interpret ar define the nrovisions hereoi- <br />14. Notice. any notice to Borrower pro. i<ietl for is this ilorignge shall he givtsa by mailing such notice by <br />certified mail addressed to Barraner at the Pro~.ert}- address ~tatcd hclon, except for any notice required under <br />paragraph IS hereof to be given ro Barro:ver in the msneer prescribed by applicable law. Any notice provided <br />far in this Mortgage shat] he deemer, to have been given to Borruw-er x hen gie-t:n in the uaamter designated herein. <br />1S. Uniform Mortgage; Governing Law; Severability. 'I'bis form of mortgage combine; uniform covenants <br />for national use and non-uniform covenants with limited raristions i~}• jurisdiction to constitute a uniforna secu- <br />city instrument covering rest property. This Mortgage shall be governed by the is•a- of the jurisdiction in which <br />the Property is located. In the evert that any provision or clause of this lortgage or the \ote ronP,icts with <br />applicable law, such confiici shalt not affect other provisions of this Mortgage or the Noto which can be given <br />effect x~thoui the conflicting provision, and to this end the provisions of the \iortgage and the \ote are declared <br />tQ tiC Severable. <br />:& Hotrowei s Copy. Borrower shall be furnished a conformed copy of this \Iortgsge st the time of execu- <br />tion or after recordation hereof. <br />1T, lYtatsfes of the Property; Assumption. If all or an}- part of ttae Fmperty or an interest therein is sold <br />or transferred by Borrower without Under ~ prior written consent. excluding (al the creation of a lien or encum- <br />branx subordinate to this \iorgage, {b) T.he rrea#ion of t: purchase money security interest for household appli- <br />ance" Cej a transfer by devise, descent or by operation of lan upon the death of a joint tenant or (dl the grant of <br />any leasehold interest of #hree years or less net containing an option to purchase, Lender may, st Lender's option, <br />declare all the sums secured br this )Iorfgage to be immediate]}• due and uayable. Linder shall have waived such <br />option m ac^elerate ii, prior to the sale or trarasier. Lender and the perwn to whom the Property is to be sold or <br />transferred reach agreement in writing ths# the credit of such person ie sstisfscion- to Lender and that the interest <br />payable tm the sums secured by this :Martgage shall be st ;uch rate ae Lender shall request. If Lender has waived <br />the ogtian Lo accelerate provided in this paragraph 17 and ii Borrower's suceesear in interest has executed a writ- <br />ten assumption agreement accepted in writing by Ixnder, Lender shall release Borrower from all obligations under <br />this Martgage and the Note. <br />If Lender exercises maelt option to aceelerste, Lender shall mail Borrower notice cf acceleration in accordance <br />with paragraph 14 hereof- Such notice shall provide a lreriod of not f_:s than 30 days from the Sate the notice is <br />mailed within which Borrower may par the sums drrlared due. If Borrower iaifs to pay such sums prior to the <br />expiration of such period, LQndrr ms .without further notice or demand an Borrower, intake any remedies per- <br />mitted by paragraph IR hemaf. <br />has-L`~tFattat lorEat+x•ts. Barr•oxrer and Lender further covenant and agree ss follows: <br />I& Aceefe:a#ion; Remedies E,xeept as Itrovidrd ;n paragr;tplr I7 he-reef, upon Iorrower`; breach of any <br />coveuaut or ag*_eement of Borrower in this. Martgae._• inriuelittg the coven<^.ts to p:a}• tvl:rn due cry scans secured <br />by this Slarigage, Lender prior ±e acceleration shall tm.ii nonce to Borrower ss provided iti paragraph 14 hereof <br />specifying: (11 the breath: i21 the action ritiluired to cure such hreacit; tai a-date, not less than thirty days <br />from the date the rotiee is ntaiied io Borro~vrt-, l,y witicit ; cell breach must be rm•<~d; anti i4 ~ that failure to rare <br />:uch breach on or beiom the data specified in tl,t• rotirc ma}• t•esuit in acceleration of the scuts srcureci b}• this <br />\Iort$age and salt of 'the Property. if the breach is not rums or. or before the dale specifieel in the notice, Lender <br />at Lender's option tatay deelam sll of the stuns secured by this ~iortgsge to lie itntnediatch• clue and paysb!e <br />w-ithau#. further demand and may forerlase this \iottgage by judicial proceeding. I-envier shall be entitled to collect <br />in such proceeding ail e_Ypenses of foreclosure including, but not iimitet9 to, cots of docmuentsn• evidence, <br />abstracts and title reports. <br />34. BoerowaT's $isy$t to $eiastate. otwi#}tstanding Lender's acceleration of the sums secured by this <br />Mortgage, Borrower shall have the right to bare any proceedings tregun br Lender to enforce this ]fortgage dis- <br />ocmt5ntrsd at any time prior t;. entry of s judgment enfoteirg this \iartgage if: tat Borrower pays Lender all <br />ettmswhieh would be then due under this Mortgage, the \ote and notes securing Future ~ldvsnces, if any, had no <br />soseterstian occurred; ibl Borrower cures all bresrltes of sn}- other covenants or agreements of Borrower con- <br />tained is thin Mortgage; fc) Borrower pays ail rrssonsble ea~renses inrurrett b}• bender in enforcing 'the covenants <br />anti agteemeata of Harrower eotatained is this 3artgage and iu enforcing Lender ~ remedies as provided in para- <br />graph 1$ heretrf, including, but not limited ta, ae~zonable attorney-- fee.-: and id) Borrower takes such action as <br />Leatder nray rsasoaebly retlnine #o assurs that line lien of ii:is Martgage. Lender's irteresi in the Property and <br />Borrowv's abfigJ-tion to pay the st:nas secured by this ]iortgagr .shall continue unimpaired. LTlwn sue}: payment <br />sad falls by 13orm+rer, tLis Mortgage sad ibe obligations secured ltemhe• shall remain in full force and effect ss if <br />ne aseel~atima-had orsurr~ed. <br />#6. iswiggmsast d i~IaRhr t ad $eeeivea; Leader is Possession. As additional security hete- <br />uadcs, Barm+rerli~eby assigns to Lemler the mntc of the Property, proradetl that Borrmver shall, prior to acceler- <br />ation Hader paragraph I$ hereof ar abandonment of the Profrcrty, have t' right to collect and retain such rents <br />ss they beep dos asd paysblo. <br />Upaat aaaele7stion tradtsr paragraph I$ hereof or abandonment of the Property, Lender, in person. by agent <br />or by 1Y appoiatsd zeroiver shall ixt entitled to enter upon, take possession of and uaanage the Property <br />and to coikct the rents of the Property, including those past due- .411 rent. coliectc•ci by Lender or the mcrivcr <br />shall be appliad ftrst to pmymsnt of the teats of naattagtment of the Prolmrty and eoliertior. of rents, inc•Iuding, but <br />not limited w, rsocivsr's fees, premiums on rereirer's bowls sad ressonsble attorney's lees. sn~+, then to the .,ums <br />scoured bythia l-fartgage. Lendersttd the receiver shall Ire liable to sc•count aniy for tl:ase rrntr actually received. <br />