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, <br /> � � <br /> ; <br /> �s�.. i1Q2Q05 <br /> � Lcnder•s written agrecment ar applicable law. Borrower shall pay thc amount of all mortgage insurance premiums in the <br /> , � manner pfovided under paragraph 2 hereaf. <br /> Any emounts disburstd by L,ender pursuant to this paragtaph ?, with interest therwn, shall become additianal <br /> indebtedness of Borrower secured by this Mortgage. Unless Borrawer and Lender agree to other terms a[ paymenf, such <br /> amountsshail be payable upon nqtice from Lender to Borrower requesting payment thereof. and shall bear enterest from the <br /> date of d'uburacment at the rau payable from time to time on ouYstanding principal under the Note unless payment of <br /> interest at auch rate would be contrary to applicable law, in whieh event such amownts shalt bear interest ae the highest rate <br /> permissibin under eppliceble law. Nothing contained in this panagraph 7 shall req�ire Lender to incur aay expenu or take <br /> any acfion hereunder. <br /> 8. Inspectioo. Lcnder may malce or cause to be made rtasonable eatries upon and inspections of the Property, pravided <br /> that Lender shali give Borrower notice prior 4o an,y such inspecEion speciCying ressonable cause therefor related ro Lendec's <br /> interest in the Pruperty. <br /> 9. Coademnatioo. 'i7ic proceeds �f any award or claim for damages, direct or consequential, in eonnectian wirh any <br /> � condemnation or other taking oiF the Property, or part thereof, or for conveyance in lieu of condamnation, are hereby assigned <br /> � and shall be paid to Lender. <br /> Tn the evrnt of a total taking of tBe Property, the proceeds shall be applied tn the sums sceured by this Mortgage. <br /> ! with the axcess, if �ny, paid to Borrowec In the event of a partiai taking of the Property, trnless Borrower and Lender <br /> � otherwise agree in writing, them shall be applied' to (ht snms suured by this MortAage svch proportion of the proceeds <br /> � as is equal to tha[ propoction which tha amount of the sums secured by this Mortgage immCdisstely prior to the date of <br /> � taking bears to the fair market value of the Peoperty immediately prior to the date of taking, with the balance of the proceeds <br /> paid to Horrower. <br /> r If the Property is abendoned by Sorrowec, or if, after notice 6y Lender to Borrower that rhe condernnor o(fers to make <br /> � an award or settle a c[aim for damages, Borrower fails to respond ra Lender within 30 days after the date such noCice is <br /> € mailed, Lender is authareud to collect and apply the proceeds, at Lender's option, either to restoastion or repair o€ tbe <br /> ; Properry or to the sums secured hy fhia Mortgage. <br /> � Unless Lender �nd Borcower otFierw+ise agree in writing, any such application of procetds to principat shaU not extend <br /> � or postpone the due date of the monthly installments reterred to i� paragraphs 1 and 2 hercof or change the amount of <br /> such installmenu. <br /> 10: Borrowar Not Released. Extension of the time for payment or modiRcation of amortization oF the sums secured <br /> � by this Mortgage granted by Lender to any successot in intarest of Borrower shall not operate Yo release. in any manner, <br /> the liatsitiry of thc o.riginal Borrower and Borrower's successocs in interest. Lender shall not be required to sommence <br /> Qraceedings against such successor or refuse to extend time for payment or otherwise modify amortizatic?n of the sums <br /> j � securcd by this Mortgage by reason af any demand made by the original Borrower and Borrowers suecessors �n intereat. <br /> � 1] . Forbearance 6y L,ender Not a R'aiver. Any forbearance 6y L.enBer in exetcising any right or remedy hereunder, or <br /> otherwise affprded by applicabte law, shall not be a waiver of ot preclude the exercise of any such right or remedy. <br /> The procurement of insuranet qr the payment of taxes or other liens or charges by Lender shall not be a w�iver of Ltnder's <br /> Y right to accelerate the maturity of tfie indebtedness secmred by this Mortgage. <br /> � 1� Remedies CumulaHve. All remedies pcavided in this Mortgage are distinct and cumulative to any other right or <br /> j remedy under this Mortgage or afforded by Iaw or equity, and may F�e exereised concurrently. independently or successively, ` <br /> � ]3, $accessors �nd Assigns Bound; Ioint and Several I:iab�Ity; Captions. Tha covenants and agreements herein <br /> conSainecl shal] bind, and the rights hereunder shall inure to, the respective suecessars and assigns of Lender and Borrower, <br /> subject to the pravisioris of paragraph 17 hertof. All covenants and agreemenis af Borrower shall be jpint and severaL <br /> The captions and headings of the paragraphs of Chis MorYgage are for convenience onty and are not ro be used to <br /> + i'nterpret ar deSne the provisions hereof. <br /> 14. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice ro <br /> , � Borrower provided for in this Mortgage shall be given by mailing such notice by certi8ed mail addressed to Borrower at <br /> � the Property Address or at such other address as HorPower may designate by notice to Lender as provided herein, and <br /> { (b) any notice to Lender shall be givrn by certified mail, retum receipt requested, ro Lender's address stated herein or to <br /> �; sach other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> � Mortgage ahall be deemed to have been given to Borrower or I_ender when given in the manner daignated herein. <br /> �t IS. UNForm Mortgage; Governing Law; Severobility. This form of mortgage combines uniform covenants for na[ional <br /> � ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br /> i' real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is Iocated. In the <br /> R event that any provision or clause of this Mortgage or the Note conflicts with appticable law, such conflict shall not affect <br /> E; other provisions of this Mortgage or the Nore which can be given effect without the conflicting provision, and to this <br /> i': end the provisions of the Mortgage and the Note arc declared to be severable. <br /> .� 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> � of eaecution or after recordation hereof. <br /> � 17. Trander of the Property; Assumpllon. If all or any part of the Property or an interest therein is sold or transferred <br /> by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br /> ; this Mortgage, (b) the crcation of a purchase money security interest for houuhold appliances, (c) a transfer by deviae. ' <br /> � descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehotd interest of three years or less <br /> not containing an option to parchase, Lender may, at Lender's option, dec�are all the sums s�cured by this Mortgage to be <br /> '� immediately due and payable. Lcnder shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br /> =i and the person to whom the Property is to be sold or transferred reach agrcement in writing that the credit of such pe:son <br /> aj is satisfactory to L.ender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br /> shall request. Tf Lender has waived the option to accelerate provided in this paragraph ll, and if Borrower's successor in <br /> � interest has exxuted a writtrn aasumpcion agreement accepted in writing by Lender, Lender shall release Borcower from all <br /> �; obligatioas under this Mortgage and the Note. <br /> y� If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br /> ?7 paragraph 14 hereof. 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 dec]ared due. If Borrower fails to pay such sums prior to the expiration of such period, <br /> �= Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph I S hereof. <br /> ��' Nox-Uxtt�oatK CovEx,�tars_ Borrower and Lender further covenant and agm as followa: <br /> 18. Acceleratlon; Remedies, gseepl ae provided in para�raph 17 hereof, upoa Borrowds breach of any covenaat or � <br /> }ti agreeme� of Borrower � thls Mortg�;e, 3nduding fhe covenants to pay w6en due any sumv secured by tAis Morlgage, <br /> � Lender prloe to accehraHon sha11 maII noHce to Borrower as provlded in paraAraph 10 hercof specifyiog: (1) tbe breach; ' 't�,� <br /> C� t6e actlon rcqdeed to caro such 6reach; (3) s date, not leas thsn 30 days from the date the notice is mailed to Borrower, `—� ' <br /> t by whicfi soch breach m�et be cared; and (4) tbat tailure to cure such breach on or before t6e date speclRed in t6e aotice :',��k<' � <br /> � m�y resuH In accelcratlou of the surtn securcd by thLs Mortgage, foreclosnre 6y judlcial proceeding and aate of the Property. � "`�" � <br /> ;: , t <br /> ! 1Le nottce shall turther lotorm Sorrow�r of the rlgM to reinstate after scceleratton and the rigl�t to assert in the fotectwarc . : . <br /> ( . pcaceedio� t6e mn-exbtmce of a de[ault or aoy ot6er defense of Borrower to acceleration and foreclosure. If the 6reach t . ': + <br /> is'i�ot cuced on or befoee the date apeclBed in t6e noHcy Leader at Lender's option roay declase ntl of t6e suma secured by � � : , <br /> e tlds MoRqLa�e to be immodiately doe and payable without furiher demand and may foreclose by judicfal proceediug, I.ender . . ` � <br /> sLall be ent(qed to coOect in sach procecdi� all ex nses of [oredosuro incln � V � '°� <br /> j p� . ding, but not 8mited to, costa of documentary ,�,. . .. , : . <br /> evldence. abstraels aud 88a reporfa. <br /> �' 19. BorwwePs Rigbt to Reimtate. Notwithatanding Lender's accderation of ihe sums secured by this Mortgage. <br /> ; Horrower shall have the zight to have any proceedings begun by Lender to rnforce this Mortgagc discontinued at any time <br /> ;i <br /> ; ' . � <br /> .. <br />