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80-UCr~527 <br />not extend or postpone the due date of ttre monthly installments referred to in paragraphs I and 2 hereof or <br />change the amount of such installments. <br />lf). Borrower Not Released. Extension of the time for travrnent or modificatior_ of amortization of the sums <br />secured by this Mortgage granted by bender to any successor in interest of Borrower shall not operate fo release, <br />in any manner, the liability of the origins{ Borrower and Borrowers stucessors 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 />amort•;yation of tha sums secured by thisllortgage try reason of any demand made by the original $ozmwer and <br />Borrower's successors in interest. <br />I1. Forbearance by Leader Not a Waioez. An v forbearance by Lender in exezcisiag any right or remedy <br />hereunder, or otherwise afforded by applicable law, shalt not. he a waiver of or preclude the exeroise of any right <br />or remedy hereunder. The procurement of insurance or the payment of taxes er other liens or charges by Lender <br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured. by this 'tortgage. <br />12 Remedies Cumulative. 911 remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this Jortgage or afforded by lat.- m equity, and may Ire exercised concurrently, independ- <br />ently or suecea_sively _ <br />I3. Successors and Assigns Bound Joint ~d Several Liabi&ty; Captions. The cotenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />~ and Borrower, object to the provisions of paragraph 1 ~ hereof. 911 covenants and agreements of Borrower shall <br />be joint and several: The captions and headings of the paragraphs of this \iortgage are for convenience only and <br />~ are not to be used to interpret or define the provisions hereof. <br />14. Notice. Any notice to Borrower provided for in this llongage shall ire given by mailing such notice by <br />n, certified mail addLessed to Borrower at. the Property 9ddress stated belotc, except for any notice required under <br />f paragraph 18 hereof to be given to Borrower in the manner prescribed 'an• applicable law. Any notice protrided <br />_ for in this Iortgage shall be deemed to hate been given to Borrower when given in the manner designated herein- <br />"r 15. Uniform Mortgage; Governing Law; Sevezabitity. "Phis form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This \Iortgage shall }re governed by 'the law of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of t-pis Mortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of ibis >Iortgage or the IQote which can be given <br />effect without the conflicting provision, and to this end the prnyisions of the Mortgage and the Note are declared <br />to be severable. <br />16. Borrower s Copy. Borrower shall be iurnvhed a conformed copy at" this >tortgage at the time of execu- <br />tion or after recordation. hereof. <br />17. irva,a#er of the Property; Assumption. If all or any part of 'the Property or sn interest therein is sold <br />• or transferred by Borrower without Lender's prior written consent. excluding tai the creation of a lien or encum- <br />brance subordinate to this Iortgage, fh1 the creation of a purchase mono}- securit}- interest for household appli- <br />ances, (c) a transfer by devise, descent or by operation of law upon the death of a faint tenant or Idj the grant of <br />any leasehold interest of three years or less not containing an option io purchase, Lender may. at Lender's option, <br />declare all the sums secured by ibis vlortgage to be immediately due and payable. Lender snail hate n arced such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to he sold or <br />transferred reach agreement in writing that the credit of such person is satisfactory to bender and that the intereai~ <br />payable on the sums secured by this 3ortgage shall ire at such rate as Lender shall request. Ii Lender has waived <br />the option ro accelerate provided in this paragrapl: 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreemen*. accepted in writing Icy I:ender, Lender :hail release Borrower free: a!1 obligations under <br />this 14lortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shalt wail Borrower notice of aceeieration in accordance <br />with naragraptr 14 hereof-. Such notice shalt provide a period of not tea Than 30 days from the date the notice is <br />.::ailed within tahicit Borrower may pay the sum, declared due Ii Borrower fait, to pay such sums poor to the <br />expiration of such period, Lender may, tvithouf further notice or demand on Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />lox-['xrFOast (;Oyr:_l'AxT. Borrower and Lender Curtner covenant and agree as Collmcs <br />18. Aeeeleratioa; Remedies. Except as provided in paragraph ] r hereof, upon Borrower's breach of any <br />covenant. or agreement of Borrower in this \forcgagq inchu{ing the covenants to pay when due cry sums secured <br />by this Mortgage, Lender prior to acceleration shall mail notice fo Borrower as provided in paragraph 14 hereof <br />specifying: ill the breach; i21 the action required to cmr suer: breach; X31 a date. not less tlum tirittiy days <br />fran fhe date the notice is ensiled to Borrmver, fry tt hieh such brctcir must 6e cw•ed: and +41 that fai(urc to cure <br />such irreach on or before the date specified in the notice may result in acceleration n( the soma secured be this <br />Mortgage and safe of the Property. if the trreach is not curer{ at: ar before the date sficcified in the notice, Lender <br />at Lender's option may declare all of rh'e evens secured by this ~tortgxge to be inunediatel}• due and payable <br />without further demand and play foreclose this• \lortgage by judicial proceeding. Lender shall be entitled ko collect <br />in such procecriing all expenses of foreolosure, including, hot not limited to, costs of d.ocumenfan• evidence, <br />abstracts and title reports. <br />19. Borrowers Right to Reinstate. Notw•ithstnnding Lender's uree}eratimt of the aunts =earmd by this <br />;Mortgage, Borrower snail have the right to have any proceedings begun by Lender to enforce this Iortgage dis- <br />continued at any time prior to entry of a jttdg•nent en(orcittg this 11ort;agc if:.iai Borrower pays Lender all <br />sums which would be then due under this \Iortgage, the Note and nota~ securing Fnritre Advance:, if any, had no <br />acceleration occurred; fbj Borrower cures nli breaches of an}• other covenants or agreements of Borrower c~n- <br />tained in this'.4fortgage; (c) Borrower pays all reasonable expenses incurred h}- f.entlcr in cnlpreing the covenants <br />and agreements of Borrower contained in t-hisliortgugc and m en{m•cing Lender`s comedies as provided in para- <br />graph 18 hereof, including, but not limited to, reasonable attorney= iees::uui uit Borrower takes such action as <br />Leader may reasonably require to assure that the Lien of this \Iortgage• Lender's interest in fhe Property and <br />Borrower's oblieatio_n to nay the saim_ secured by this ~InrrRaoe a,,,u c„~r;t„a;, ,,.,:,. i,,.:,.,,d t?. .. , _ . <br />and cure by Borrower, this :Mortgage and the obligations secured heuby <hall retuain iu it.q forcenn 1 cffect•as+if <br />no acceleration had occurred. <br />20. Assignment o€ Retrts; Appoiatmeni of Receiver; Lender in Possession. 9s addit.ional security here- <br />under, Borrower hereby assigns to Lender fhe rents of the Property, provided that Borroter sha?I. prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, have the right to oollect and retail: such rents <br />as they become due and payable. <br />IIpon acceleration under paragraph 18 hereof or abandonment o[ the Yropertc. Lender, in person. fry agent <br />or by judicially appointed receiver shall he entitled to-enter upon, take possession of and mattxgn the Property <br />_- and to collect the rents of the Property,-iheludittg thasc past due..~li rents collecteri b}• Lender nr the receiver <br />shah he applied first torayment of the t oats of management- of the Property and collection at rents, inehuling, but <br />not limited to, receiver's fees, liremiurns on- meeiver'a bond= and reason ~ :attorney's fees. cud then to the awns <br />secured by this dortgage. bender and the receiver shtall be liable to ac, - ah• far those rents arntalty recei: ed. <br />