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� <br /> � � <br /> Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br /> : maoner ptovided under paragraph 2 hereof. <br /> ? Any amounts disbuned by Ltnder pursuant to this paragreph 7, with interest thereon, shall become additional <br /> . i indebredness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br /> � � amounts shail be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear inrerest from the <br /> date of disbursement at the rate payable from time ro time on outstanding principal under the Note unless payment of <br /> j � interest at auch rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br /> 3 ,� permissible under applicable law. Nothing contained in this paragraph '7 shall require Lender to incur any ezpenu or take <br /> i � any action hereuader. <br /> ` � 8. InspecHon. L.ender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> � O that Lender shall give Borrower notice prior to any such inspection specifying reasonabie cause therefor related to i.ender's <br /> ; ' interest in the Property. <br /> p0 9. Co�demnaHon. The proceeds of any award or claim for damages. direct or consequential, in connection with any <br /> : ; ^ condemnation or other taking of the Property, or part thereof, or for conveyance in Iieu of condemnation, are hereby essigned <br /> j and shall be paid to Lenden <br /> ' i In the event of a total taking of the Property, the proceeds shnll be applied to the sums secured by this Mortgage. <br /> with the excess, if any, paid to Borrower. In the event of a partial taking of the Propeny, unless Borrower and Lender <br /> ' y otherwise agree in writing, t6ere shatf be applied to the sums secured 6y this Mortgage such proportion ot the proceeds <br /> � 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 PropeRy immediatety prior to the date of taking, with the balance of the proceeds <br /> � paid to Borrowec <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofters to make <br /> `1 an award or settle a claim for damages, Borrower faiis m respond to Lender within 30 days after the date such notice is <br /> mailed. Lender is authoriud to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br /> Property or to the sums seeured by this Mortgage. <br /> - i Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly instaliments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> i such instatlments. <br /> 10. Borrower Not Relessed. Extension of the time for payment or modification of amortization of the sums secured <br /> by this Mortgage granted by Lender to any successor in interest of Borrower shatl not operate to mlease, in any manner. <br /> the Iiability of the original Borrower and Borrower's successors in interest. Lender shail not be requirod to commence <br /> ! proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br /> f secured by this Mortgage by reason of any demand made by the original Borrower and Borcower's successors in interest. <br /> � 11. Forbearsnce by Lender Not a Waiver. A�y forbearance by Lender in exercising any right or remedy hereunder, or <br /> i otherwise atforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> E 'The procuroment of insurance or the payment of taxes or other liens or charges by Lender shalt not bc a waiver of I.ender's <br /> f right to accelerate the maturity of the indebtedness secured by this Mortgaga <br /> � l2. Remedles Cmnnlaflve. All remedies provided in this Mortgage are distinct and cumulative to any other right or � '' <br /> ' j remedy under this Mortgage or afforded by law or equity, and may be exercised concurrenUy, independe�tly or successivdy. <br /> � I3. Successors and Assiges Bound; Joint and Several i.ia67iry; CspNons. The covenants and agreements herein <br /> ; j contained shatl 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. Atl covenants and agreements of Borrower shall be joint and uveral. <br /> � The captions and headings of the paragraphs of this Mortgage are for convenienee only and aro not to be used to <br /> interpret or define the provisions hereof. ; <br /> ' 14. NoBce. Except for any notim nquired under applicable law to be given in another manner, (a) any notice to <br /> F Barrowcr provided for in this Mortgage shall be given by maiting such notice by certiBed 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 certified mail, retum receipt requested. to Lender's address stated herein or io <br /> - # such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> , � Mortgage shalt be dcemed to have been given to Borrower or i_ender when given in the manner designated herein- ; <br /> r 15. Uniform Mortqage; Governing Law; Severabtlity. This form of mortgage combines uniform covenants for national <br /> j use and non-uniform cavenants with limited variations by jurisdiction to constitute a uniform security inswment covering <br /> # real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. I� the <br /> ' # event that any provision or clause of thu Mortgage or the Note conflicts with applicable law, such conflict shall not aftect <br /> : j other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br /> � end the provisions af the Morigage and the Note are declared to be severable. <br /> ; 16. Borrow�er's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> � of execution or after recordation hereof. <br /> 17. Transfer of tLe Property; Assumption. If all or any part of the Property or an interest thercin is sold or [ransferred <br /> , � by Borrower without L.ender•s prior 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 devise, <br /> � descmt or by operation of Iaw upon the death of a joint tenant or (d) the grant of any leasehold interest of three yeurs or less <br /> � not wntaining an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br /> � immediately due and payabla Lender shall have waived such option to accelerate if, prior to the sale or traosfer. Lender <br /> } and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br /> is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be 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 /> intercst has executed a written assumption agreement accepted in writing by Lender. Lender shall retease Borrower from all <br /> ? � obligations under this Mortgage and the Note. <br /> jIf Lender exercises such option to accelerate. Lender shall mail Borrower nqtice of acceleration in accordance with <br /> p 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 declared due. If Borrower fails ro pay such sums prior to the expiration of such period. <br /> � Lrnder may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph IS hereof. <br /> ';'. � „ Nox-Ut+rnoaM CovetawNrs. Sonower and Lender further covenant and agrce as follows: <br /> �. 18. Acederation; Remedles. Fzcept as provided in parsgraph I7 6ercof, upon Borcower's bceach of any covenant or <br /> . ', y agreemeM o[ Borrower in this Mortgage, Incloding Ihe covenants to pay wheo due any sums secorcd by this Morlgage, � <br /> ;. � I.mder pcior to acceleration shall mail notice to Borrower as provided in paragroph 14 hereoE specifying: (1) the breach; <br /> (� t6e actioo required to eure such b�each; (3) r datq not !e� Wsn 30 days from the date the notice is matled to Borrower, �'" <br /> '.'. . . . . . ,,, rr._.. • . . <br /> by.wWch such breach mmt be care� and (4) t6at hilure to cun such breach on or before t6e date specified in the notice Y : �` ' <br /> may rcenit In accelenHon of the sua�s secured by this Morlgage, foreclosure by Judicial proceedi� and sale of the Properfy. „; ; . .� <br /> 1Le notlee ahalt furt6er Inform Borrower:o[ the rlght to reia9tate nfter accekration and Ihe dght to assert in the foreclosure ° j <br /> a <br /> proceedi�. the non=extstenee of a detadY or sny otLer defense of Borrowu to acceleraHon and forecl�are. If the 6reac6 I �• = '°� <br /> ': is not'cared on 'or 6efore the dste epeciRed In the not(ce, Lender at Lender's option msy declere aIl of the sums securcd by � <br /> s . <br /> r " � t6is Mort�age to 6e Immediatdy doe aad'payable without farlher demand aod msy forcclose by judlclal proceedl�. Lender ; "-� <br /> ' 1 t6�ll be eutkled 1o 'collect IQ such proceedfag all e:penses o[ foreclosare, induding, but not llmited to, cosb of documentary ;�K:, ;a <br /> . , evideuce, a6atracte and tltte nporb. h u <br /> ; 19. > Borrowa's Rie6t _ to Reimtate. Notwithstanding Leoder's acceleration of the sums secured by this Mortgage, <br /> - � Horrower shall have the dght to have' any proceedings begun by Lenderto enforce this Mortgage discontinued at any time <br /> . � <br /> , 1 <br /> � � <br />