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r- � <br /> � <br /> j Lender's writtea agreement or applicable law. Borrower shatl pay the amount of all mortgage insurance premiums in the <br /> j maaner pYovided under paragraph 2 hereof. <br /> ! Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shal! become additional <br /> � indebtedneas of Borrower securcd by this Mortgage. Unlass Bonower and Lender agree to other terms of payment, such <br /> � amounu shall be payable upon notice from Lender to Borrower requesting payment thereof, and shal( F�ear interest from the <br /> date of disbursemenf at the rate Qayable from time to time on outstand3ng principal under the Note unless payment of <br /> interest ai auch ratd wouid be coatrary to applicable law, in which event such amounts shail bear interest at the highest ratt <br /> permiasffile under applicable law. Nothing contained in this paregraph '7 shaD requice Le�der to incvr any expense or take <br /> any action hereunder. <br /> 8. ImpecNoo. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> - that I.ender sha4 give Horrower notice prior to any such inspection gpecifying reasonable cause therefor related to Lender's <br /> . � interest in the Property. . <br /> 9. Condamnallon. 'fhe proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> condemnation or other taking of the Proper4y, or part thereoF, or for conveyance in lieu of condemnation, are hereby assigned <br /> and shall be paid to Lendea <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums ucured by this Mortgaga <br /> with tha excess, if any, paid to Borcower. In the even2 of a partial taking of the Property, unless Borrower and Lender <br /> otherwise agree in writing, therc shall be applied to the suma secured by this Mortgage such proportion of the proceeds <br /> r„{ as is equal ro that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br /> � takiag bears to the fei� market value of the Praperty immediuiety prior io the date of [aking, with the balance of xhe proceeds <br /> � paid to Borrower. <br /> If the Property is abandoned by Borrowec, or if, after notice by Lender to Borrower that the condemnor offera to make <br /> < �"� an award or setHe a daim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br /> 1 O mailed. Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or rcpair of the <br /> O �ap�nY or to the sums secured by this Mortgage. � <br /> ' F Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shatl not extend � <br /> � or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the arnount of <br /> h suah installments. <br /> 10. Borrower Not Released. Extension of the time for paymmt or modiflcation of amortization of the sums ucured <br /> by this Mortgage granted by Lender to any successor in interest of Borrowcr shall not operare to release, in any manner. <br /> the liability of the original Borrower and Borrower's successors in interest. Lender shall not be rcquired ro commence <br /> proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the suma <br /> securcd by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br /> 11. Forbeannce by I.ender Not a Waiver. Any forbearance by Lender in exercising any right or nmedy hereunder, or t ' <br /> otherwise , a,ff, otded by. applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. •s: <br /> Tho procurement of irourance or the payment of taxes or other liens or charges by Lender shatl not be a waiver of Lendc�'s <br /> right to acttletate ihe maturity of the indebtednexs securcd by this Mortgage. ` <br /> 12. "Remedies Cumnladve. All remedies provided in this Mortgagc are distinct and cumulative to any other right or ' <br /> remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independendy or successively. <br /> l3. Successors and Aavigns Bound; Joint and Severat i,isb7lty; Capdons. 7'he covenanu and agreements herein <br /> ;, contained shall bind, and the rights hereunder shall inure to, the respective suecessors and assigns of Lender and Bonower, � <br /> subject to tfie provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. � <br /> The captions and headings of the paragraphs of this Mortgage are for convenience only and arc not to be used to <br /> interpret or define the provisions hereof. <br /> 14. NoHce. Except for any notice required under app]icable law to be given in another manner, (a) any notice to <br /> Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br /> the Property Address or at such other address as Borrower may designate by notice to L.ender as provided herein, and <br /> (b) any notice to Lender shall be given by certified mail, retum receipt requested. to Lender's address stated hercin or to <br /> such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this a <br /> Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein_ <br /> 15. Unifortn Morigagr, Governing Law; Severabil(ty. This form of mortgage combines uniform covenanta for national <br /> use and non-uniform covenants with timited variations by jurisdiction to constitute a uniform security instrument rnvering � <br /> rcal property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located_ In the <br /> event that any provision or dause of this Mortgage or tfie Note conflicts with applicable law, such confliM shall rtot affect <br /> ot6er provisions of this Mortgage or the Note which can be given eHect without the conflicting provision, and to this <br /> end the provisions of the Mortgage and the Note are declared to be severable. <br /> 16. Borrower's Copy. Bonower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> of execution or afrer recordation hereof. <br /> 17. TransEer of t6e Property; A�umption. If all or any part of the Property or an interest thercin is sold or transfeaed <br /> by Borrower without I,ender's priar written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br /> this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by deviae, <br /> i descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of thrce years or less <br /> not containing an option to purchase. Lender may, at Lender's option, dectare all the sums securcd by this Mortgage to be <br /> � immediateiy due and payable. Leoder shalt have waived such option to accelerate if, prior to the sale or tranafer. Lender <br /> and the person to whom the Property is to be sold or transfcrred reach agreement in writing thut the cmdit of such peeson <br /> is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at s�ch rate as Lender <br /> shall request. If Lrnder has waivod the option .to accelerate provided in this paragraph 17, and if Borrower's successor in <br /> � interesYhas executed a written aasumption agceement accepted in writing by Lender, Lender shall release Borrower from all <br /> obligations under this Mortgage and the Note. <br /> If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br /> { paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the nodce is mailed within <br /> , . j which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br /> ! Leoder may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof_ <br /> � Nox-Ux�rox�or Cove�vwtvrs. Borrower and Lender further covenant and agree as follows: <br /> ` i Y8. Accderation; Remedtee. Except as provided in paraqnph 17 hereof, upon Borrower's breach of tny covenant or <br /> � 3 aQreement of Borrower in this Mortgaqq iocluding t6e covenants to pay when due any sums aecurcd by t6is Mortgage, <br /> # Leoder prlor to acceleratfon ahall ma0 no8ce to Borrowu av provided in paragraph 14 hercof specifying: (1) t6e breach; <br /> , . � (2) the actioo rcqai�ed to cure aoch breac6; (3y a date, not tas than 30 days from the dale the notice is mailed to Borrower, , ,,. <br /> � by whtch aneh bn�ach muet 6e cueed; and (4) ihat fai/ure to cure such breach on or before /6e date spectfied in the noHce � ` t„ <br /> may result !n acceleradon ot the aums secored 6y thts MortgaRe, torectosurc by judiclal proceed(ng and sale of the Property. dw;� <br /> The notice sha� fortherintorm Borrower of t6e rtght to rcinetate after acceteration and the right to assert in the foreclosurc � �` �; { <br /> � ., y proeeeding the oon-esbteace o[ a defaolt or any other defense of Borrower to accelenNoa and foreclosare. If the 6reach <br /> is nM cared on or beforc the date speci8ed in the aotice, I.ender at Lender's option may declare all o[ the aums secured by � F' � <br /> �,� t6is Mortga�e to be immedlsfely dae and payable w(thout furlher demaad and may foreclose by Judlcial proceeding. Lender ; <br /> i� atiaL 6e mHded to coOect in �soch aL e # �' .': . <br /> proceeding �cpdnes of foreclosurc, inctudi�, 6ut not limited to, costs oE documentary . 4 „ <br /> cp <br /> "� eYIdence, Ab6t�acls and NUe reporfl. _ . '" ,,� <br /> S: � 19. . Eorrowee's Ri�ht .W Reiffitate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, -` ;d� - <br /> _ : Bottower ahall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br /> , <br /> 't $ <br /> .' � <br />