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�; . <br /> � � <br /> ; Lender's written agreement or applicabte law. Bonower shall pay the amount of al1 mortgage insurance premiums in ehe <br /> y manner provided under paragraph 2 hereof. <br /> ? Any amounu disbursed by I.ender pursuant to this paragraph 7, with intenst thereon, shall become additional <br /> r} indebtedness of Borcower secured by this Mortgage. Unless Horrower and Lender agrae to other terms of paymmt, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest fwm the <br /> ,e date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br /> } interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br /> ; M permiseible under appliaable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br /> # � any action hereunder. <br /> # � 8. InspecNon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> � that Lender shall give Bonower notice prior to any such inspection specifying reasonable cause therefor reiated to Lender's <br /> ` ; O interest in the Property. <br /> 9. Condem�Hon. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> 9 O condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br /> < T and shall be paid to Lender. <br /> j � In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgaga <br /> j � with the excess, if any, paid to Borrower. 7n the event of a pariia! takiag of the Property, unless 8orrower and Leader <br /> otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br /> ' 7} as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br /> ! taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br /> paid to Borrower. <br /> ,' If the Property is abandoned by Borrower, or if, aker notice by Lender to Horrower that the condmanor offers to make <br /> an award or settle a daim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br /> � mailed, Lender is aut6oriud to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br /> , i Property or to the sums secured by this Mortgage. <br /> + Unless Lender and Borrower otherwiu agree in writing, any such application of proceeds to principal shall not extrnd <br /> or postpone the due date of the monthty installments referred to in paragraphs 1 and 2 hereof ar change the amount of <br /> � such installments. <br /> , � 10. Borrower Not Released. Extension of the time for payment or modiRcation of amortization of the sums securcd <br /> ; by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br /> j the liability of the original Borrower and Borrower's successors in intercst. Lender shall not be required to commence �` <br /> i proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums r: <br /> i secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. f <br /> i li. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or i <br /> , � otherwise afforded by applicable Iaw, shall not be a waiver of or preclude the exercise of any such right or remedy. ! <br /> ; i The procuroment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's ' <br /> j right to accelerate the maturity of the indebtedness secured by this Mongage. ' <br /> a 12. Remedies CumutaKve. All remedies provided in this Mortgage are distinct and cumulative to any other right or t <br /> � rcmedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br /> , � 13. Saccessors and As4(gos Bound; Joint and Several i.iability; CapHons. The covenants and agreemenu herein <br /> contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br /> subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower sfiaIt be joint and several. <br /> �� The captions and headings of the paragraphs of this Mortgage are for convenience only and are reot to bc used ro <br /> interpret or define thc provisions hereof. <br /> j 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to ., , <br /> � Borrower provided for in this Mortgage shalt 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 Lender as provided herein, and <br /> � (b) any notice to Lender shall be given by certi6ed mail, retum receipt requested. to LendePs address stated herein or to <br /> such other addreu as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> � Mortgage shalt be deemed to havc been given to Borrower or Lender when given in the manner designated herein. ;: <br /> ' � 15. Uniform Mortgage; Goveming I,aw; Severability. This form of mortgage combines uniform covenants for national <br /> use 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 located. In the <br /> event that any provision or clause of this Mortgage or the Note conflicts with appiicable law, such conflict shall not aHect <br /> other provisions of this Mortgage or the Note which can be given effect withovt the conflicting provision, and to this <br /> end ffie provisions of the Mortgage and the Note are 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 execution or after recordadon hereof. <br /> 17_ Transfer of the Property; A�umption. 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, exduding (a) the creation of a lien or encumbrahce subordinate to <br /> this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br /> � - descmt or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold intercst of three years or less <br /> not containing an option to purohase, Lender may, at Lendets option, declare all the sums secured by this Mortgage to be <br /> immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or trensfer, Lender <br /> and the person to whom the Property is to be sold or transferred reach ngreement in writing that the credit of such person <br /> is satisfactory to Leader and that the inierest payable on the sums secured by this Mortgage shall be at auch 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 has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all <br /> obligations under this Mortgage aad the Note. <br /> If Lender exercises such option to accelerate, Lender shatl mail Borrower notice of acceleration in accordance with <br /> paragtaph 14 hereof_ Such notice shall provide a period of not less than 30 days from the date the nosice is mailed wiihin <br /> ' which Borrower may pay the suma declared due. [f Borrower fails to pay such sums prior to the expiraGon of such period, <br /> � Lender may, without further noticc or demand on Borrower, invoke any remedies permitted by paragraph 78 hereof. <br /> � Nox-UNtFoawr Covertwxrs. Borrower and L.ender funher covenant and agrce as follows: <br /> � 18. AcceleraHon; Remedles. F�ccept aa provided In paragnp6 17 hereof, upon BorrowePs breach of any covenaot or � <br /> agreement ot Borrower in thlv Mo�lgsge, inciudtng the covennnts to pay when doe any su�m secured by this Mortga�e, <br /> I.ender prlor lo accderatlon aLalt mait notice to Borrower av provtded in paragrapl� 14 hereof speclfying: (1) t6e brcach; <br /> � �v.: . -' <br /> (2)'the acHon required to eam eoch breach; (3) a date, not tesc than 30 days from tbe date the notice is maifed to Borrower, `` ., . <br /> by whic4 soch breacb most be cured; and (4) tAat falluro to cure suc6 brcach on or beforc the date speci6ed In the notice ,. 's <br /> may eesall in acceleraUon of t6e sums aecursd 6y thts Morfgaqe, forectosure by judicial proceeding and sale of the Property. 1 ' � �'r <br /> T6e notIce shaa fortYer in[orm Boreower oE t6e right to nlnstate aftu accelention and the rlght to as.sert in the foreclosurc .� s `: <br /> proceedio� t6e non-�cbtenee of a dehdt or any olher defenx of Borrower to acceienHon and foreclaeure. If the breach �:: � <br /> , Is not'cored on or tidorc the date spectHed in ffie notice, Leoder at Lender's option may dectere aIl of the sums secared by :, '� r ,!'� <br /> thls Morfsage to 6e lmmediafely due and paysbh wkhout furlher demand and may forcclose by judlcisl proceedlog. Lender .a �:, ,� <br /> �� shaL be mtltled to collect la aoc6 proceeding an expe�tles of foreclosuro, inclading, hut not Iim[ted to, costs of documeotsy ;,� .: . <br /> ' evideooe, ab�trscfe and Htle reporte� <br /> 1 19. Borrower's Rig6t to Reiuetatn ' Notwithstanding I.ender's ucceleration of the sums secured by this Mortgage. <br /> � Borrower e6a11 bave tharfght to have any proceediogs begun by Lrnder to enforce tliis Mortgagc diswntinued at any time <br /> :'! �' i <br /> '( <br /> . _ . _ .; . . i <br />