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;i <br />�:: <br />'� <br /> �: <br />� r � <br /> � <br /> 77. UU ` '751 <br /> Lender's wrilten agrcement or applicnbie luw. Borrower shnll pny thc amounl of ail modgage insurancc prcmiums in thc <br /> manner provided under pnrngraph 2 hcreof. <br /> Any amounts disbursed by Lender pursunnt to this paragraph 7, with intercst thercon, shall become ndditional <br /> indebtedncss of Borrowcr securcd by this Mortgage. Unless Horrower and Lcnder agrcc lo other tcrtns of paymenl, such <br /> amounts shell be pnyablc upon noticc from Lcnder to Borrowcr requcsting paymcnt Ihcreof, and shall bear intcrat from thc <br /> r date of disbursement at the rate payable from time to Iime on outstanding principal undtt the Notc unless payment of <br /> interest at such rnte would be contrery to npplicebic law, in which cvent such amounts shall bear intcrest at thc highest rate <br /> permissible under applicable law. Nothing contained in this parugraph 7 shall requirc Lender to incur any expense ar take <br /> any action hereunder. <br /> 8. InspecNoa Lcnder may makc or cause to be madc reasonable cntrics upon and inspcctions of thc Property, provided <br /> thnt Lender shall give Borrower notice prior lo any such inspeclion specifying rcasonable cause therefor rclated lo Lender's <br /> intcrest in thc Property. ' " <br /> 9. Condemnalion. The procceds of any award or daim for damages, direct or consequential, in connection with any <br /> condemnation or other taking of the Propeny, or part thereof, or for conveyance in lieu of condemnation, nre hercby assigned <br /> nnd shall be paid to Lendcr. <br /> In thc cvent of n total taking of the Properry, thc procecds shall bc applied to the s�ims secured by this Mortgagc. <br /> with the ezcess, if any, paid to Horrower. in the cvent of a partial taking of thc Properry, unless Borrower and Lcnder <br /> olherwise agrce in writing, therc shnll bc applicd to the sums sccurcd by this Mortgage such proportion of thc procceds <br /> as is equal to that proporiion which thc amount of thc sums sccured by this Mortgage immcdiately prior to the date of <br /> , taking be�rs to Ihe fair market valuc of the Property immediatcly prior to thc datc of taking, with ihe balancc of the procccds <br /> paid ro Borrower. <br /> If the Property is abandoned by Borrowec or if, after notice by Lender to Borrower that the condemnor oRers to make <br /> an award or sctllc n claim for damages, Borrower fails to respond to Lendcr within 30 dnys after the date such noticc is <br /> mailed, Lcnder is nuthoriud to collect and apply thc procceds, at Lender's option, cither to restoration or repair of the <br /> Property or to the sums secured by this Mortgage. <br /> Unless Lender and Horrawer othenvise agree in wriling, any such application of proceeds to principal shall not extend <br /> or postponc the duc date of thc monthly installmcnts referrcd to in paragraphs 1 and 2 hercof or change the amount of <br /> such installments. <br /> � 10. Borrower Not Released. Extension of the time for paymcnt or modification of amortization of thc sums secured <br /> by this Mottgagc granted by Lcnder to nny successor in intcrest of Borzowcr shall not operatc ro releasc, in any manner, <br /> the liability of ihe original Borrower and Borrower's successors in interat. Lender shall not be rcquired to commence <br /> proccedings against such successor or refusc lo extend time for payment or othcrwise modify amortization of the sums � <br /> secured by this Mortgage by mason of any demand made by ihc original Borrowcr and Uorrowcr's successors in interest. <br /> Il. Forbearance by Lender Not a Waivee Any forbearance by Lender in exercising any right or remedy hereunder, or <br /> otherwisc afforded by applicablc Inw, shall not be a waivcr of or precludc the excrcisc of any such right or rcmedy. <br /> ' The procurement of insurancc or the payment o( taxes or other liens or chargcs by Lender shall not bc a waivcr of Lcndcr's <br /> ; right to accelerate the maWriry of the indebtedness secured by this Mortgage. <br /> . 12. Remedies Cumulalive. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br /> remedy under this Mortgagc or afforded by law or equity, and may be excrciscd concurrently, independently or successively. <br /> 13. Successors and Assigns Sound; Joinl and Serernl i.inbility; Cnptlons. The covenants and agreements herein <br /> contained shall bind, and the rights hereunder shall inurc ro, the rcspective successors nnd assigns of Lender and Borrower, <br /> subject to the provisions of paragraph 17 hercoL All covcnants and agrcements of Borrowet shall bc joint and several. <br /> 'ihe captions and heudings of the paragraphs of this Mortgage are for convenicncc only and are not to be used to <br /> interprct or dcfine the provisions hcrcof. <br /> 14. Nolice. Except for uny notice required under applicable Inw to be given in another manner, (a) any notice to <br /> Borrower provided tor in ihis Mortgage shall bc givcn by mailing such noticc by certificd mail addressed to Borrowcr at <br /> thc Property Address or at such othcr address as Borrowcr may dcsignate by noticc to Lcndcr as provided hcrcin, and <br /> (b) any notice to Lender shall be given by certificd mail, reWm receipt requested, ro Lenders adJress stated herein or to <br /> such other addrcss as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> j . Mortgage shall bc deemed to havc becn given to Borrowcr or Lcnder when givcn in thc manner designated hcrein. <br /> 15. Uniform Modgage; Goveming Law; Severobility. This (orm of mortgage combines uniform covenaNs for national <br /> use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br /> ' real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is localed. In the <br /> event that any provision or dause of this Mortgage or the Nole con0icts wilh applicable law, such conllict shall not afiect <br /> other provisions of this Mortgage or the Note which can be given efiect without Ihe conilicting provision, and to this <br /> end thc provisions of the Mortgage and thc Note arc dcclared to bc severable. <br /> ; 16. Borrower's Copy. Horrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> of cxecution or aftcr rccordation hercof. <br /> ; 17. Transfer ot the Propedy; Assumption. If all or any part of thc Properry or an interest therein is sold or transferred <br /> by Borrowcr without Lender's prior written consent, excluding (a) the creation of a lien or encumbrahce subardinate to <br /> f this Mortgage, (b) the crcation of a purchasc money sewrity intcresl for household applianccs, (c) a transfer by devise, <br /> desccnt or by operation af law upon Ihc death of a joint tenant or (d) thc grent of any Icaschold inicrcst of threc years or ]css <br /> i not containing an oplion to purchase, Lender may, at Lendcr's option, declare all the sums securcd by this btortgage to be <br /> immediatcly duc and payablc. Lendcr shnll havc waivcd such option to accelcratc if, prior to thc salc or trnns(er, Lcnder <br /> and the person to whom the Properry is to be sold or trans(crred reach agreement in writing that the credil of such person e <br /> is mtisfactory to Lender and that the interest payablc on thc sums sccured by this Mortgagc shell bc at such rate as Lender <br /> shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br /> interest haz executed a written assumption agreement acccpted in writing by LenJer. Lender shall rclease Borrowcr from nll <br /> obligations under this Mortgage nnd the Notc. <br /> If Lender exercises such option to accclerete, Lrnder shall mail Borrower notice of acceleration in accordance with <br /> ' paragraph 14 hercof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br /> which Borrower may pay the sums declared due. i( Bortouer fails to pay such sums prior to the expiration o( such period, <br /> Lendcr may, wilhout further noticc or demand on Borrowcr, invoke nny rcmcdics permiued by paragraph 18 hcreof. <br /> ' NoN-Ur+iFoxrf CoveNeNrs. Borrower and Lender furiher covenant and agree as follows: <br /> 18. Acceleratton; Remedfes. E:cept as provided in paroRraph 17 hereof, upon Borrower's breach af any covenent or <br /> : a�reement of Borrower in Ihis Modgage, including Ihe co� enants fo pay when due uny sums secured by thb Mortga�;e, <br /> Leader pdor !o acceleratlon shell mail nodce to Borrower as provtded in pera�raph 14 hereof specifying: (1) lhe breach; <br /> (2) the aclion tequtred lo curc such brwch; (3) a dale, nol less than 30 days from the date lhe notice is mailed to Borrower, r�, � • : ; <br /> by which such 6rcach must bt wred; nnd (4) that fnilure to cure such breach on or before Ihe dale specffied in lhe notice ' ` � "' � <br /> may result In ecceleretion of Ihe soms secured by this 111orlgage, foreclosure by judfclal proceed(ng and snle of the Propedy. r'. ' ; ,;' <br /> j The noUce shall turther inform Borrower of Ihe right to reinslate afler acceleratlon and lhe rlght lo assert in the foreclosure � <br /> � procading the non-extctence af a default or any other defense of Borrower to acceleratlon and Eoreclosnre. IE the breach � , <br /> Is not cured on or before lhe date specifled in Ihe notice, Lender al Lender's optlom m�y declare nll oF Ihe sums secured by n ; <br /> thta Atortgage to be Immedlately duc and payable Mithoul furlher demend and may foreclose by judicia! procceding. Lendcr � <br /> ahell be ealitled to collect in such proceeding all expenses ot foreclosure, includinR, but not limited lo, cosLS ot documentary <br /> 4 <br /> evidence, absttncla end qlle reports. <br /> 19. Borrower's Right fo Relnstele. Notwithstnnding Lender's acceleration of the sums secured by this Mortgage, • •j <br /> Borrower shull have the dght ro have any proceedings begun by Lender to enforce this Mongage discontinued at Toy timc <br /> � <br />� � <br />.� <br />� I <br />�- J <br />