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I � <br /> ; � <br /> � 8- t� Ct2 �t 91 <br /> I.ender's written agreemeat or applicable law. Horrower shall pay the amount of all mortgage insurance premiums in the <br /> y manner ptovided under paragraph 2 hereof. <br /> ? Any amounta disbursed by Lender pursuant to thia paragraph 7, with interest thereon, shall become additional <br /> � indebtedneas of Borrower secured by this Mortgage. Unless Borrower and Lender agrce to other terms of payment, sucb � <br /> amounts ahall be payable upon notice from Lender to Horrower requesting payment thereof, and shaU bear interest from the - <br /> date of disbursement at the rete a able from time to time on outstan8in " <br /> P Y g principal under the Note unless payment of <br /> f interest at auch rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br /> � permisai'ble under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expenx or take <br /> any action hercunder. <br /> ; 8. Inspectiom Lender may make or cause ro be made reasonable entries upon nnd inspections of the Property, provided <br /> ; that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br /> � { interest in the Property. <br /> 9. CoodemnaHon. 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 lieu of condemnation, are hereby assigned <br /> and shall be paid to Lender. <br /> In the event of a total tnking of the Property, the proceeds shall be applied to the sums secured by this Mortgaga <br /> with the excess, if any, paid to Borrowec In the event of a partial taking of the Property, imless Borrower and Lender <br /> iotherwise agree in writing, there shall be applied to the sums secured by this Morigage sucb proportinn nf tbe proceeds ' <br /> as is equal to that proportion which the amount of the sums secured by this Mortgage immediattly 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 /> g paid to Borrower. ! <br /> i If the Property is abandoned by Borrowec, or if, after notice by Lender to Bonower that the condemnor offers 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, Lender is authorized ro collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br /> ttt Property or to the sums secured by this Mortgaga <br /> � Unleas Lender and Borrower othenvise agree in writing, any such application 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 Releesed. 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 shall not operam to release, in any manner. � <br /> { the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br /> i proceedings against such successor or refuse to extend time for payment or othenvise modify amortization of the sums <br /> ` { secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. � <br /> j li. For6earance 6y Lender Not a Waiver. Any forbearance by Lender in exercising any right or nmedy hemunder, or <br /> � otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy_ ' <br /> 7'he procurement of insurance or the payment of tazes or other liens or charges by Lender shall not be a waiver of Lender's <br /> right to accelerate the maturity of the indebtedness secured by this Mortgage. r , ,; <br /> , � 12. Remedies Camulative. A71 remedies provided in this Mortgage are distinct and cumulative to any other right or " <br /> rcmedy under this Mortgage or aRorded by law or equity, and may be exercised concurrently, independenNy or successively. <br /> 13. Successocs and Assigns Bound; Joint and Several i.iabllity; Captlons. The covenants and agreements hercin r <br /> contained shall bind, and the rights hereunder shall inuro to, the mspective successors and assigns of Lender and Horroweq <br /> subject to the provisions of paragraph 17 hereof. AII 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 nnd are not to be used to <br /> interpret or deRne the provisions hereof. <br /> 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 shall be given by mailing such notice by certified mai! addressed te Borrower at <br /> the Property Addrcss or at such other address as Borrower may designate by notice to Lender as provided herein, and � <br /> (b) any notice ro Lender shall be given by cenified mail, retum receipt requested, to Lender's address stated herein or to <br /> such other address as Lender may designate by notice to Borrower as provided hercin. Any notice provided for in this <br /> Mortgage shalt be deemed to haKe been givrn to Borrower or Lender when given in the manner designated herein. � <br /> I5. Untform Mortgagr, Governing Law; Severn6ility. 7'his form of mortgage combines uniform covenants for national ' � <br /> nse and non-uniform covenants with limited variations by jurisdiction to constimte a uniform security instrumrnt covering <br /> real property. This Mortgage shall be governed by the taw of the jurisdiction in which the Property is locnted. In the <br /> event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shalt not affect <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 Note are declared to be severable. <br /> � 16. Borrower's Copy. Borsower shall be furnished a conformed copy of thc Note and of this Mortgage at the time <br /> of execution or after recordation hereof. <br /> 17. Traasfer of t6e Propecty; Aasumption. If all or any part of the Propefty or an interest therein is sold or transfernd <br /> by Borrower without L.endec's prior written consent, excluding (a) the emation 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 /> 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 MoRgage to be <br /> � immediately due and payable. Lender shafl have waived such option to accelecate if, prior to the sale or tranafer, Lender ; <br /> and the peraon 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 MoRgage shall be at such rate as I.ender <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 writtrn assumption agrcement accepted in writing by Lender, Lender shall release Borrower from all <br /> � obligations under this Mortgage and the Note. <br /> If I.ender exercises such option to accelerate, Lender shalt mai( Borrower notice of acceleration in accordance with <br /> paragraph 14 hereof. Such notice slaall provide a period of not ]ess than 30 days from the date the notice is maled within <br /> � which Borrower may pay the sums declared due. If Boaower fails ro pay such sums prio� to the expiration of such period, <br /> Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br /> Nox-Ut+tPoxt.t Covraveivrs. Borrower and Lender further covenant and agree as follows: <br /> 18. Accderatloa; Remedles. Facept av provided In paragraph 17 hereof, upon Borcower's brcach of any covenaat or <br /> agreemmt of Borrower In thie Mortgage, indadl� t6e covenaots to pay when dae any sums securcd by t6is Mo e, � <br /> ' Lender prior to accekratlon a6W1 mall noNce to Borrower as provided in paragraph 14 6ereof specifyfag: (1) the brea h; � <br /> =r (� the action reqalred to core me6 brea¢h; (3) a dste, not lees tlwn 30 days from tbe date t6e notice is msi�ed to Borrower, •—" <br /> f, by wLic6 aoch 'brwch mast be eure� aod (4) t6at failure to curc such breach ou or 6cforc t6e date speci6ed in the iw8ce �` <br /> w : <br /> may result Io aecdera8on of We aums aecared by thLs Mortgage, foreclosure by judtcial proceediog and sale of the Property. � : '� � <br /> The notice'a6aU fatther Intorm Borrower oE the rlght to reinstate aker accderation and the rlght to asse�t In the forectosurc ` ' � ' <br /> peoceedi� the non-eubfeuce of a de[adt or �ny other detense of Borrower to accderaHon and foreclosarc. IL the 6reach � ?� .'. <br /> ie'not cmed o0 or 6efore t6e date speci9ed In t6e not(ce, Lender at Lender's optbn may dectare atl o[ the aums secured by <br /> f6ieMoK�e to 6e tmmedietdy doe and payabk wlthout furlher demsnd aad may foreclase 6y jodlcial proceedi�. Lender �.-� � ' <br /> : <br /> shall be eutlGed to collect In sne6 proceedin� ari "e:peoaes of foreclosurc, includtng, but not limited tq coste of documentary '� ,, , �'� .� <br /> � ,�. . . . -! .x = <br /> 5 evidences abetraeb and dtle rcporfs. <br /> � 19. Borcowels RigLt W Refastate. Notwithstanding Lender a acceleretion of the caims secured by this Mortgage, <br /> � � Bocrowe; shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br /> . a � <br /> t, <br />