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r � <br /> , t . <br /> 78- U00807 <br /> Lender's written agreement or applicable law. Borrower ahall pay the amount of all mortgage insurance premiums in the <br /> ; manner pYovided under paragraph 2 hereof. <br /> � Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional F, <br /> indebtedness of Borrower secund by ffiis Mortgaga Unless Borrower and Lender agree to other terms of paymrnt, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting payment thercof, and shall bear interest from the ' <br /> � date of disburaement at the rau paysble from time to time on outstanSing principal under the Note unless payment of t `' <br /> � interest at such rate wonld be contrary to applicabte law, in which event such amounta shall bear intcrest at the highest rate <br /> � permiss�'ble under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any ezpenu or take �' <br /> a any action hereunder. <br /> 7 8. Impecdon. Lender may make or cauu to be made reasonable entries upon and inspections of the Property, provided ' <br /> ' � that I.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's E, ; <br /> interest in the Property. ' ' <br /> 9. Ceadomnallon. The proceeds of any award or claim for damages, direct or consequential, in conneMion with any <br /> �:: condemnation or other taking of the Property, or part thereaf, or for conveyance in lieu of condemnation, are hereby assigned <br /> ' and shall be paid to Lender. <br /> In the event of a total taking of the Property, the proceeds shall be npplied to the sums secured by this Mortgaga <br /> with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, uniess Horrower and Lender <br /> otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br /> aa is equal to that proportion which the amourtt ot the sums secured by this Mortgage immediately prior to the date of <br /> taking bears ro the fair market value of the Property immediately prior to the date of taking, with the batance of the proceeds <br /> � paid to Borrower. <br /> 1 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offen to make <br /> � an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br /> mailed. I.ender is authoriud to collect and apply the proceeds, at Lender's option, either to restoration or npair of the <br /> ' Property or to the sums secured by this Mortgage. <br /> � Unless Lender and Borrower otherwise agrce in writing, any such application of p�oceeds to principal shall no[ extend <br /> or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of ; <br /> such installments. '' <br /> '`` 10. Borrower Not Released. Extension of the time for p�ymrnt or modi8cation of amortization of the sums secured ; <br /> by this Mortgage granted by Lender to any successor in interest of Borrower shall not operare to release, in any manner, ' <br /> 1': the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence '" <br /> ?' proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums ;; <br /> � secured by this Mortgage by rcason of any demand made by the original Borrower and Borrower's successors in interest <br /> � ; 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or ':� <br /> 1 otherwise afforded by applicable iaw, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> ;, The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of I.ender's <br /> � right to accelerate the maturiry of the indebtedness secured by this Mortgage. � <br /> ' 12. Remedtes CumulaNve. All remedies provided in this Mortgage are distinct and cumulative to any othe� right or <br /> ? remedy under this Mortgage or afforded by law or equiry, and may be exercised concurrently, independently or succeuively. <br /> 13. Sacce�ors and Assigns Bound; Joint and Sevent I.iabillty; CapBons. 'Ilie covenants and agreements herein <br /> 's contained shall bind, and the rights hereunder shall inure ro, the respective successors and assigns of Lender and Borrower, '� <br /> � subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shnll be joint and several. �"' <br /> The captions and headings of the paragraphs of this Mortgage are for convenience only and arc not to be uud to <br /> � ; interprot or define the provisions hereof. <br /> ; ; 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br /> i ; Borrower provided for in this Mortgage shall be given by mailing such notice by certi8ed mail addressed to Borrower at <br /> the Properry Address or at such other address as Bormwer may designate by notice to Lmder as provided herein, and <br /> •` (b) any notice to Lender shall be given by certified mail, return receipt requested. to Lender s address stated herein or to <br /> ' ' such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> � ' Mortgage shall be dcemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> a ' 15. Unifocm Mortgagr, Governi� Law; Severabllity. This form of mortgage combines uniform covenanu for national <br /> " ' use and non-unifortn covenants with limited variations by jurisdiction to constimte a uniform security instrument covering <br /> nal property. 'This Mortgage shall be governed by the law of the jurisdiction in which the Properry is located. In the <br /> evrnt that any provision or dause of this Mortgage or the Note conflicu with appticable law, such conflict shall not affect <br /> other provisions of this Mongage or the Note which can be given effect without the conflicting provision, and to this <br /> end the provisions of the Mortgage and the Note arn declared to be severabla <br /> 16. Borrower's Copy. Borrower shall be furnished a confortned copy of the Note and of this Mortgage at the time <br /> of execution or after recordation hereof. <br /> 17. TranaFer of the Property; Assamption. If all or any part of the Property or un interest therein is sold or transferred <br /> by Borrower without I.ender's prior written consent, excluding (n) the creation of a lien or encumbrance subordinate to <br /> this Mortgage, (b) the creation of a purchase money security interest for houuhold appliances, (c) a transfer by devise, <br /> descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br /> not containing an option to purchase, Lender may, at Lender's option, declare all the sums xcured by this Mortgage to be <br /> immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or trarsafer, Lender <br /> ' ' and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such pecson <br /> ' ` is satisfactory to Lender and that the interest payable on the surns sewred by this MoRgage shall be at such rate as Lender <br /> shall mquest. If Lender has waived the option to accelerete provided in this paragraph 17, and if Borsower's successor in <br /> iaterest has executed a written assumption agrcement accepted in writing by Lender. Lrnder shall release Borrower from atl <br /> obligations under this Mortgage and the Nota <br /> If Lander exercises such option to accelerate, l.ender shall mail Borrower notice of acceteration in accordance with <br /> paragreph 14 hereoF. Such notice shall provide a period of not leas than 30 days from the date the notice is mailed within <br /> ; .; which Botrower may pay the sums declarcd due. If Borrower fails ro pay such sums prior to the upiration of such period. <br /> ? Lrnder may, without further notice or demand on Borrower, invoke any remediu pertnitted by paragraph 18 hereof. <br /> ` ' Now-Ux�poxnf CovexwNrs. Borrower and Lender Curther covenant and agree as follows : <br /> 18. Acceleratlon; Remedtes. Fscept as provlded in paragraph 17 hereot, upon BorroMePs breacA of any covevaot or <br /> t � agreement of Borrower ia t61s Morfgage, includl� the covenanta to pay when due any sums secuced by this Morlgsgq <br /> .I.e�er pcior to acceleratioa eha0 maU nodce fo Borrower as provided in paregnph 14 hereof specifytng: (1) t6e breach; ` <br /> (2) the actlon reqntred W care aoc6 breach; (3) a date, not tess t6an 30 days from tbe date the notice is mailed to Borro�ver, _ ,- . <br /> ' ' by w61ch such breach muet be enrcd; and (4) that failure to cure such breach on or beforc the drte speci8ed in the nodce : . . , j: e}� <br /> , . . _... <br /> � ; ma� mnit in aceeleration of t6e sums securcd by tAis Mortgaqe, (oreclosarc 6y judicial proceeding aad sale of t6e Property. t - <br /> ' �� The notice sLaO furfher inForm Borrower of the rigbt to reinatate after accdenHon snd the riRht to asxrt fa the forcclosure � � ; <br /> ; proceeding t6e non-e�ctstence o[ a de[anit or any other defe�e of Borrower to acceleration and foreclosure. If the breach ! ' " > <br /> j . is oot cnred on or betore thr date speclfied in tbe nodce, Lender at Lende�s optbn msy declare all of the sums securcd by . <br /> , 3 � this Mortgia<e to 6e ImmedhRely due and payable without furl6er demand and may foreclose by judlclal proccedi�. Leader ? ' :,: � <br /> � s4a�16e eoNtled to coltect in such proeeeding all expe�rees ot foreclosure, including, but not limked to, costs of documentary ` , a� • : <br /> i evtdeoce. a6stracts aad dek reports. ;.::_�:- <br /> , , 19. Eorrowet's Rtg6t to Reimtate. Notwithstanding Leoder's acceleration of the sums xecurcd by this Mortgage. � .u'r,' . <br /> Boczower shalthave the xight to have any proceedings begua by Lender to enforce this Mortgage discontinued at any timc <br /> + � <br />� <br />