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� _ � <br /> Lender's written agrcement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br /> manner provided under paragraph 2 hereof. <br /> My amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br /> indebtednus of Borrower xcured by ehis Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br /> amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest fmm the <br /> ; datc 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 1aw, in which event such amounts shall bear interest at the highest rate <br /> ! permissible under applicable law. Nothing contained in this paragraph 7 shall requirc Lender to incur any expense ar take ' <br /> any action hereunden <br /> i 8. InepecNon. Lender may make or cause to be made reasonable entries upon and iospections of the Property, provided <br /> i that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br /> s interestin the Property. <br /> , i G�2 9. Condemnation. The proceeds of any award or claim for damages, direct ar consequential, in connection with any <br /> ` ri condemnation or other taking of the PropeRy, or part thereof, or for conveyance in lieu of condemnation, are hettby assigned <br /> ; � and shall be paid to Lender. <br /> � � In the event of a total taking of the Properry, the proceeds shall be applied to the sums secured by this Mortgage. <br /> , F � with thc excess, if any. paid to Borrower. In the event of a partial taking of the Propeny, unless Borrower and Lender <br /> ; � otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of 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 Property immediately prior to the date of taking, with the balance of the proceeds <br /> i ^ paid to Borrowec <br /> : If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oHers 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 authorized to collect and apply the proceeds, at L.ender's option, either to restoration or repair of the <br /> ` Property or to the sums secured by this Mortgaga <br /> j Unless Lmder and Borrower otherwise agree in writing. any such apptication of proceeds to principal shall not 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 payment or modification of amortization of the sums uwred <br /> ! by this Mortgage granted by Lender to any successor in interest of Borrower shal( not operate to release, in any manner. <br /> i [he liability of the original Borrower and Borrower's successors in inrerest. Lender shatl not be required to commence <br /> ' roceedin s a ainst such successor or refuse to extend time for <br /> p g B payment or otherwise modify amortization of the sums <br /> d secured by this MortgagE by reason of any demand made by the original Sorrower and Borrower's successors in interest. <br /> � l7. Forbearance by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hercunder, or <br /> � otherwise afforded by applicable law, 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 Lender's <br /> . j right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> � 12. Remedies Cumulalive. AII remedies provided in this Mortgage are distinct and cumulative to any other right or <br /> ` � rcmedy under this Mortgagc or afforded by law or equity. and may be exercised concurrently, independenUy or successively. <br /> , � 13. Snccawsors and Assigns Bound; Joint and Sevenl i,iablity; CapHons. The covenants and agreements herein <br /> contained shall bind, and the rights hereunder shali inure to, the respective successors and assigns of Lender and Borrower, <br /> subject to ihe provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br /> � The captions and headings of [he pazagraphs oF this Mortgage are for convenience only and are not to be uud to <br /> i � interpret or define the provisions hereof. <br /> ` � 14. Notice. Except for any notice rcquired under applicable law to be given in another manner. (a) any notice to <br /> f Borrower provided for in this Mor[gage shall be given by mailing such notice by certi8ed mail addressed to Borrower at <br /> f 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, return reccipt requested. to Lender's address stated herein or to <br /> such other addras as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> Mortgage shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> I5. Uniform Mortgage; Govemia�g Law; Severebllity. This form of mortgage combines uniform covenants for national <br /> ,': � use and non-uniform covenants with limited variations by jurisdiction to constitute a unifortn security instrument covering <br /> j real property. This Mortgage shall be governed by the Iaw of the jurisdiction in which the Property is locatcd. in the _ <br /> � event that any provision or clause of this Mortgage or the Note con8icts with applicable law, such conflict shall not afiect <br /> other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br /> end the provisions of the Mortgage and the Notc are declared to be severable. <br /> � 16. BorrowePs Copy. Bortower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br /> of execution or after recordation hereof. <br /> ` j 17. Transfer of the PropeAy; A�umpNon. If aIl or any part of the Property or an interes[ therein is sold or transferred <br /> s by Borrower without I.e�der's prior written consent, exduding (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 /> , � 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 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 tranafer, 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 /> . t 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. Tf Lender has waived the option to accelerate provided in this paragraph 17, and if Bonower's successor in <br /> � interest has executed a written assumption agreemrnt accepted in writing by Lender. Lender shall release Borrower from all <br /> obligations under this Mortgage and the Note. <br /> f If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with � <br /> paragraph 14 hercof. Such notice shall provide a period of not leas than 30 days from the date the notice is maled within <br /> 1 which Horrower may pay the sums declared dua If Borrower fails ro pay such sums prior to the expiration of such period, <br /> 3 Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br /> � Nox-UtvtFox�f CoveNw�rrs. Borrower and Lender further covenant and agree as follows: <br /> � 18. Accelerafbn; Remedtea. Eaccept as provided in panegraph 17 hereof, upon BorrowePs brcac6 of any covenaM or <br /> agreement of Borrower in this Morlgage, including the co��enaats to pay when due any sums secured by this Morfgage, <br /> ' :'� Leoder prior fo accekration ehall ma7 notice to Borrower as provided in paragroph 14 hercof specifyiag: (1) the bnac6; p <br /> � (2) the acNou rcqui�ed to cme anch b�each; (3) a date, not leas thsn 30 days from t6e date the notice is mailed to Bortower, ' <br /> which soc6 brqch mast be cared; and (4) t6at failure to cure such breach o0 or before tbe date � ` " <br /> by specl6ed io the notice <br /> may reeult In accderatlon of the snms securcd by this Mortg�q foreclosurc by jodiclal proceedi� and sale of t6e Properly. 4"' � ' « <br /> ii The aotice s6a1! tarther inEorm Boerower oE the rlght to relnstate after acceteration and the rtght to assert in t6e foreclosure t � <br /> � proceedl� the nontxietence of a defadf or any otLer defense oP Borrower to accdention and foreclosure. if tbe 6reach � �t ; <br /> is n� cored on or beLorc f6e date sped8ed in t6e notice, Lendv at Lender's opUon may declare s� of the sums secured by �: , <br /> ,� tl�s Morf�e W be_Immediatdy doe and paylble without fnrther demand and may foreclose by judiclsl proceeding. i.ender <br /> s6all be enfifled to coLeM in soch proce�ding all ' expenecs oE toreclosurc, lncluding, but not timited to, casts ot documentary ; : � <br /> evldence, abstracts snd tltle nporb. t ;: `�' <br /> :, ; , 19. Borrower's RisLt to Reimvte. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, ,. ,, �. , �, "` <br /> Borrower shall have the right to have any proceedings (xgun by T_ender to enforce this Mortgage discontinvcd at any time <br /> p ��., � . . . . � . .. . . . . . . . . � . � . . � .. <br /> :, f , . . . . . . . <br /> `. , . . . .. . _ . . .. .. . > .. . . . . . . . . �. . ., . _ _ . � . .. . . . . . � <br />