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,_.,-.a~ -- - - <br />1 - r - <br />+ ~'t <br />not extend or postpone the due date of the monthly instalhneuts referred to in paragraphs 1 and 2 hereof or <br />change the amount of such installments. <br />iQ. Borrower Not Released. Extension of the time for ps}-meat or modification of amortization of the sums <br />secured by this Mortgage granted by bender to any successor in inures[ of Bormwer shall not operate to release, <br />in any manner, the liability of the original Borrower and Sorratccr's successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by thisliortgage by reason of snc demand made by the original Borrower and <br />Borrower's successors in interest. <br />Ii. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or othencise afforded by applicable late. stall nai be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of ta:ces or other liens or charges by Lender <br />sha}I not bo a waiter of Lender's right. to accelerate the maturity of the indebtednesc_ secured by this _`-Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this .iortgage or afforded by law or equity, and may be exercised concurrently, independ- <br />entiv or successively. <br />13. Successors and Assigns Bound: Ioint and Several Liability: Captions. The covenants and agreements <br />herein contained shslI bind, and the rights hereunder .hall inure to. the respectiyc successors and assigns of Lender <br />~ and Borrower, subject to the provisions of paragraph t i hereot. all covenants and agreements of Borrower shall <br />be joint and secersl. The caption and heading= oC the paragraphs of this Mortgage arc for convenience only and <br />are not to be used to interpret er define the provisions ltereoi. <br />IA. Notice. Any notice to Borrower provided far in this \Iortaage shall he given by mailing such notice b}• <br />s <br />~ cetified mail addressed to Borrower at the Propert}• dddrets stated helou-, except io:• any aorce required under <br />paragraph I$ hereof to be given to Borrower m the manner prescribed Ly apphcahle lain. Any natiec provided <br />for in tail Mortgage shall ire deeaned to hate been given to Btu rower when giycn in rite manner designated herein. <br />15. ITniform Mortgage; Governing Law; Sevezability. This ierm of mortgage combines uniform covenants <br />for national use and non-unifarm covenants with limited caristions b}' jurisdiction to constitute a uniform seeu- <br />~ rity instrument covering real property. Tltis \iortgage shat! be goventec] br the lain of the jurisdiction in which <br />rite Property is located. In the event that any provision m- clause of this \iortgage or the Note conflicts with <br />agpi;cebie .uF: °':h °wi+q'et. Shall ' „ affect ~~ l;e° ' .,. ...._ this 11 "rtgage ^r 4he Ntfn ,~-hi+.l, __n ha oj~+en <br />affect without the conflicting provision, snd to this end the provisions of the .Mortgage and the Note are declared <br />to be severable. <br />I& Borrower's Copy. Borrower shall be furnishetf a conformed copy of this \iortgage at. the time of e::e+'a- <br />tion or after recordation hereof. <br />17, Trmtafer of the Property: Assumption. Ii all or any part of flee Property or an interest therein is sold <br />er tranaierred by Borrower withoui Lender's prior writter. consent, excluding sal the cresiion of a lien or encum- <br />brance subordinate to this \Iongage. tb i the creation of s purchae money security interest for household appli- <br />ance`, tc) a transfer by devise, descent or 6c• operation of law upor. the death of a joini tenant. or td) the grant of <br />any leasehold interest of three years or lest not containing sn option to purchase, Lender ma^, st Lender's option, <br />declare all the stim€ secured by this \iorigage is be immediately due and payable. Lender shall have traived such <br />option to aeceferate ii, prior to the sale or trsnsier, Lender and the person to whom the Property is to be sold or <br />iransierted reach agreement in writing that else credit of such person is satisfactot~• to Lender and that the interest <br />payable rat the sums secured by this ~iertgage shall be at such rate as Lender shall request. If Lender has waived <br />the option io accelerate provided in this paragraph 2; snd it Borrower's succes;•.ar in interest has executed a writ- <br />ten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under <br />this Mortgage sad the Ivoie. <br />If l.endet axeriser such option to accelerate, Lender shalt mail Borrower notice of sceeieration in accordance <br />udth paragraph 14 hereof. ~ttcit notice shall provide s g+eriai of pat Icss thaw 3fY dsvs imm the darn the notice is <br />mailed withitc u•hith Harrower may gray the stems declared due. If Bozron•er isi'.s to par wch sun:.< prior to the <br />expiration ai such p~*iod, lender tnsv, without iurtlter natiec ar detnan d on Borrower, inc,ke :.any remedies per- <br />taitied by paragraph i$ hereot_ <br />~Tav-L~Trrgeazu Locxxtitira Fiarrawer and Lender further eevenant anal agree a. fallow-s: <br />I& Actrel~alion: Remedies. E.icept s. prayided in paragrapl+ t; hereof. ugx~n Barrowe.*'s breach of any <br />co~~nsat or agteetuent ai Bormwer in this liortgagc including the royenat;ts to pay when due any runts secured <br />by this \iortgage, Leader lrrior to atreleration shah maul natic~ to Btumuti•r as pruridt•.i in laaragraph 14 hetroi <br />specifying; ;Il the breach; t2i the action rrquirc~rf to cure street bnsch; t31 a date, not less tf:an thirty dayz <br />fmm the date the rotire is mailed to Borrower_ Lc ~chielt such 6n~ h must be-cured ; and +4 g shat tsllmr to cure <br />such breach on or before the date specified in the roti M Wray tt'tuit in seceleration ei the stuns secured by this <br />lias+_gagZ at+d sale of the P_roperfy. Ii tk;e breach is not cumi or. or lxfote the date specified in tlzc notice. Lender <br />at Lender's option tnav declam all of the stuns teeured by this \iortgage to he inunetiistely due and payable <br />uithana further demand and may fotrrla.. *1aL, 3iortgsge hr judicial proceeding. i.eader stall lee entitles] to collect <br />zn sDtelt ptneeeding all expenses of forrclanvt-i; including, but not ]inaitt~] to_ costs of doruutemar}' evidence, <br />atastracts snd title reports. <br />i3. Botnvurer'a Hight to Bsinstata. lotwfthstsnding Lender: acccleratior, ai the sums secured by this <br />Marfgsge, Barrtneer shall have the right to have any proceedings begun br Lender to enforce chi Jortgage dis- <br />caat5ntted at any time prior to entry of a judgment enftu•cing This \iortgage if: tai Borrower pays Lender all <br />whir}t would be them due under this ~iartgege. the Note and notes securing future Advances, if any, had no <br />secelerxta~ atxurred; tic) Borrower cures all breaches of am- ether covenants or agreements of Borrower con- <br />faiaed in ihie Mortgage; {c) Borrower pays all re~wnabke expenses incurred ]rq Lender in enioreing the eovenarts <br />sat! ~ of l~rrawer txtrttained in this \iortgage and ht enfo;ring bender's remedies as provided in pars- <br />- graph 1$ het'eof, ioehrding, but pat limited io. rea~onatile attorney's feet: and idi Borrower takes such action as <br />1 msJr~Y requite io assure xhat the lien of this iortgage, Lender'. interest in the Property and <br />Barnrwerh oh$gstitffi to pay the aDms secured by this \iortgage .hall continue unimpaired. Upon ouch payment <br />and true by Haamwer, tins Mortgage sad the obligations set•ured hereby chair remain in full force and effect as if <br />ao had Doctored. <br />4@. ]it•6*oeatrat d iRsmhc dp~tmastt of Hecei*er. Leader in Possetteioa As additional security here- <br />- - - tender',1~herehyastDLendertherentsoithe Property. provided that Borrower shall, Prior to acceler- <br />a under paragraph i$ hereof or sntent of the Property, have the right to collect and retain such rents <br />as they bett~ae d~ sad payaifle. <br />LIpc~O ataeelerutxin under paragraph 18-hereof or abandonment ai the Property, Lender, in person, by agent <br />or by jndicialiy appointed receiver shall be eniitIed to enter upon, take possession of snd tuanage the Property <br />atal to eolleot #Ite ;ants of tote Property, including those past due. all rents collertecl by Lender or the receiver <br />shall be applied fixer to payment af.the costs of management of the Property and collection of rents, including, but <br />not limited to, receivers lees, premiums an receiver's bonds and reasonable stterne}-'s fee=_. and then to the gums <br />secured by this',tiortgage. Lender and rte receiver she]! ere liable to account only for those rents actually received. <br />