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.
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