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0-c~0 ~5~#i <br />-~: <br />`~ <br />-4. <br />,~ <br />not rxterd or postpone the due date of the monthly insfailrnerrts refers to in paragraphs I and 2 hereof oz <br />change the amount of such installments. <br />i0. Harrower Not Released. Extension of the lime for payment or modification of amortization of the sums <br />secured by this lortgage granted by bender to any sureessor ie inrerest of Borrower shall not operate to release, <br />in any manner, the liability of the original Borrower and Borrower'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 try Phis Mortgage icy reason of any demand made by the original Borrower and <br />Borrower's successors in interest. <br />I1. Fozbeazmaee by Lender Not s Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this .oIortgage. <br />I2. Remedies Cumulative. All remedies provided in this lfortgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or afforded Irv law or equity. and may be exercised concurrently, independ- <br />entiv_ or successively. <br />13. Successors and Assigns Botmd: Joint ~d Several Liability; Captions. The covenants and agreements <br />hereir, eontaired shad hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender <br />sad Borrower, subject to the provisions of paragraph t7 hereof. All covenants and agreements o2 Borrower shall <br />be joint and several. The captions and headings of the paragraphs of this \{ortgage are for convenience ooh and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice. .4ny notice to Borrower provided for in this ~Iorcgage shall be gn-en b7 mailing such notice by <br />certified mail addressed to Borrower at the Property Address stater) below, except for any notice required under <br />paragraph 18 here to be given Lo Borrower in cite manner prescribed b}- applicable law. Any notice prot;ded <br />for in ibis _l"YOrtgage shall ire deemed to have been given to Borrower when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This farm 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 Mortgage shall be governed by the ]aw of the jurisdiction in which <br />the Property is located. In fhe event that any provision or clause of this \~tortgage or the Note conflicts with <br />applicable ]aw, such conflict shalt not affect other provisions of this Mortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the pro~•isions of the 1ortgage and the Note are declared <br />to be severable. <br />16. Bonowei s Copy. Borrower shall he furnished a conformed copy of this lortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption. If al] or env part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent, excluding (al the creation of a Tien or encum- <br />brance subordinate to this \lortgage. i b1 the creation of a purchase money security interest for household appli- <br />ances, (ej a transfer by devise, descent or by operation of law upon the death of a joint. tenant or (dl the grant of <br />any leasehold interest of three years or less not. con±sining an option to purchase. Lender may, at Lender's option, <br />declare all the sums secured br this Mortgage to be immediately due and payable Lender shall have waiyed such <br />option to scceleraic if, prior to the save or "transfer, Lender and the person to whom the Property is to be sold or <br />transferred reach agmemeat ir. writing that the credit of such persor. is satisfactory to Lender and that the interest <br />payable on the sums secured by this 1~Iortgage shall be at such race as hender shall request. If Lender bas waived <br />the option to aceelerate provided in this paragraph 17 and ii Borrower: successor in interest has executed a writ- <br />ten assumption agreement accepted ih writing i}v Lender, hender shall release Borrower from all obligations under <br />this ~forigage and the Note. <br />If hender exercises such nptior, to accelerate, Lender shall mail Borrower notice of acceleration ir, accordance <br />+vitlt narsgrapl; ld hereof. Such nntir.e shall provide a lieriod of nor less than 30 days from nc~ date*-he notice i <br />mailesi within which Borrower mar pay- the sum= declared due If Borrower tails to pa}- such ~utns prior to t-he <br />expiration of such period, Lender may°, te•ithout further notice nr demand on Borrower, invoke any- remedtes per- <br />mitted by paragraph 18 hereof. <br />\ov-t.-:vteonnt (.'.ot-e~a~TS. Borrower anti Lender further covenant and agree as fo]lows: <br />I8. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of cry <br />covenant or agreement of Borrower in this ltortgagc, including the covenants to pay when due :us}• sums secured <br />by this .liortgage, Lender prior to acceleration shat( oral) notice to Borrower us proyided in paragraph 14 hereof <br />specifying: I1) the breach: 12) the actimr required to cure such breach; i31 a date cwt less than thirst days <br />from the date the notice is utai!ed to Borrower, by o-liich such lurach nmst fte rw-ed: sod X41 that failure to cure <br />such breach on or before the date specified in the notice may result in acceleration of tine sums secured by this <br />SIortgage snrl sale of the Property. If the breach is not cared or. or befmr the date specified in the notice, Lender <br />at Lenders option may declare al( of the autos secured by this Mortgage to he immediateh• due and payable <br />without further demand and may foreclose this \lortgagc by judicial proceeding. Lender shtsll he e_ntitlod to collect <br />in such proceeding ail expense, of foreclosure. including, but not limited to, co;r_, of doewnentary evidence, <br />abstracfs and title reports. <br />I3. Borrov¢ara Right to Reinstate. :\otwithstauding Lender'x aceelerxtian of thu awns secured by this <br />tifortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce chi.. 3lortgage dis- <br />contintre3 at any time prior to entry of u judgment enforcing tbts Morig:igc if: tar Borrower pays 1-0ndot all <br />sums which would be then due under this \Iortgsg:, the Note :end notes securing F'ururr .--tdvauros, if un}'. had no <br />seceloration occurred; tbl Borrower tares al! breaches of ang other covenants or agreements of Borrower con- <br />tained in this Mortgage; Ici Borrower pays all reasonable expense= incurred I*}- I,cnder iu enforcing the covenants <br />and-agreements of Borrower contained in this Mortgage and in enforcing hender'= remedies as provided in parts- <br />gtaph 18 hereof, including, but not limited to. reasonable attorney's lee,: and tdt Borrower take: such aotion as <br />Lender envy na3ooably reyuire in assure, that the lien of this \tottgage, Lcodcr'= interest m the Properic and <br />Rnrmao-r'c nhtignt ie~n f~ ...flle ....,r- ..4 Ip 41.;, yl~ =.: ~. `~ .. '# i+ ~~ _ ,.#. <br />-. _ _ __ ~ •.a. •=m~.:'esur:. y ...' .rt;;agr . .. ;.t.r. ,e "nsn •,a .c. -p:;•- +.;. j;ay;t'e:.t. <br />and cure by $orrower, this Mortgage and the obligations secnrcd herebc~nhall•remain~~m~tuh inrec and ,•ffect as if <br />no acceleration had occurred. <br />2t1. Assignment o} Hants; Appointmen! of Raceivex; Lender in Passesaion. .~. :+iditrnnal scettrity hcr:- <br />under, Borrower hereby assigns to Lender thy. rmtts of the Property-. procirir•+i ti:at Bormwcr sisal). prior fo acceter- <br />atipn render paral;raph 1$ hereof tar abandonment of cite Propert}•, hoer the ; fight to collect and retESiu sueP, rents <br />as they become due and payable. <br />Cpor; acceleration under paragraph t&bervir€+jr ahsndanmcnt of the Prvpcrty. ix•nder. in ltersat, Feu agent <br />or by judiniaity appointed receiver ultall tM entitled t+i enter u;.wm. take twseessio;: rt sad manage the Property <br />and io collect the rtnia afi fhe Yrapctty, including tl>frse px~t du?. tit nut= .ailert ed kn• Ia~ ,ter ur fiat reretve.r <br />airs#i i>,_ applied f9 ra=t t.o psymcrt of fhe rusts of mar~;~+<mrM +t1 the Pruprrt E~ • , „e*~tt t,~ ._ ,c-at,. including, hart <br />nt5*. tnx;itrd W, r<,.en-a~r'> fre~•, irremiams an rr•etis~vr's hvnr3. sra+i n~a=~+sai,ir rttanmrk tr~<> and then rothe -+uws <br />-,ecuri:+l by rhs ,9 nrt~ys,fie ),coder and ftse rctxa~,.r ipail t,r~ tr.,bh-to ~~=gin; ~,y tnr ~s;o++ ~~.,.. ...~e,raiiv r.~ae, yrd <br />