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f <br /> Zg� � � U3023 <br /> Lender's written agreement or applicable law. Bonower shall pay the amount of all mortgage insurance premiums in the <br /> manner provided under paragraph 2 hereof. <br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br /> indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br /> j amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br /> 1 date of disbursement at the ratc payable from time to time on outstanding principal under the Note unless payment of <br /> � interest at such rate would be contrary ro applicable law, in which event such amounts shall bear interest at thc highest rate `' <br /> permiuible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br /> any action hereundec <br /> 8. inspecNon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> that I.ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br /> interest in the Property. <br /> ' 9. Coademnallon. The proceeds of any award or claim for damages, direct or consequcntial, in connection with any <br /> ; condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hercby assigned <br /> and shall be paid to Lenden <br /> iIn the event of a total taking of the Property, the proceeds shall 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 Property, unless Borrowcr and Lender <br /> otherwise agree in writing, there shall be applied eo the sums secured by this Mortgage such proponion of the proceeds <br /> as is equa} to that proportion which the arnoun[ of iRe sums secured by tAis Mortgage immediately prior ro tfie 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, after notice by Lender to Borrower that the condemnor o(fera to make <br /> i an award or settle a claim for damagu, Borrower fails to 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 rcpair of the <br /> Property or to the sums secured by this Mortgage. <br /> Unless Lender and Sorrower otherwix agree in writing, any such application of proceeds to principal shall not extend <br /> ' � or postpone the due date of the monthly installments referrcd to in paragraphs t and 2 hereof or change the amount of <br /> + such insta[lments. <br /> ! 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br /> 1 by this Mortgage granted by Lender to any successor in interest of Borrower shall not operare ro rdease. in any manner. <br /> t the liabiliry of the original Borcower 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 otherwise modify amortization of the sums <br /> ; secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br /> ' 4 11. For6earance by L.ender Not a Waiver. Any forbearance by Lender in cxercising any right or remedy hemunder, or <br /> � otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any svch 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 /> � right to accelcrate the maturity of the indebiedneu secured by this Mortgage. <br /> : : .. . . . �� � o�t�::a �..—��2:r- � <br /> , �. .�.L' ;ai:ieuios provided in inis iviottgage are distinct and cumulative to any other right or <br /> remedy under this Mortgage or afforded by law or equity_ and may be exercised concurrently, independently or successively. <br /> ; � 13. Saccessors and Assigns Bound; Joint and Several I.iab7ity; Captions. The covenants and agreemenis herein <br /> contained shall bind, and the rights hereunder shnll inure to, the respective successors and assigns of Lender and Borrower. <br /> ! subject to the provisions of paragraph 17 hereof. AII covenants and agreements of Borrower shalt be joint and severaL <br /> k The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br /> interpn[ or define the provisions heroof. <br /> � 14. Notjce. Except for any notice required under applicable law to be given in another manner. (a) any notice to <br /> Borrawer provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br /> ; 1 the Properry Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br /> q (b) any notice to Lender shall be given by certified mail, retum receipt requested. to LendePs address statcd herein or to <br /> " i such other address as Lender may designate by notice to Borrower as pravided herein. Any notice provided for in this <br /> :i Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> � 15. Unlform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for nationat <br /> use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform securiry instrument covering <br /> % ttal property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is locatcd. In the <br /> � event that any provision or clause of this Mongage or the Note conflicts with applicable law, such conflict shall not affect <br /> ' other rovisions of this Mort a e or the Notc which can be <br /> j P 8 8 given effect without the conflicting provision, and to thia <br /> end the provisions of the Mortgage and the Note are declared to be severable. <br /> j 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 recopdation hereof. <br /> � 17. Transfer of the Property; .4s�umption. If alI or any part of the Property or an interest therein is sold or transferred <br /> , y by Borrower without Lender'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 /> . j descent or by operation of law upon the death of a joint tenant or (d) the grant of any Ieaxhold interest of thrce years or less <br />� ; , not containing an option to purchase, Lender may, at Lender's option, declare aIl the sums secured by this Mortgage to be <br /> r immediately due and payable. Lender shall have waivcd such option to accelerate if, prior to the sale or vansfer, Lender <br />�; � and the person to whom the Propeny is to be sold or transferred reach agreement in writing that the credit of such person <br />� ! is satisfactory to I.ender and that the interest 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 Bonower s successor in <br />, � interest has esecuted a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all <br />` � obligations under this Mortgage and ffie Note. <br /> p � If Lender exercises such option to accelerate, Lender shall mait Borrower notice of acceteration in accordance with <br />; � paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed withi� <br /> � which Borrower may pay the sums declared due. If Borrower faits ro 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 18 hereof. <br />' � NoH-Uxiponat CovexetvTs. Borrower and Lender further cavenant and agree as follows : <br />; � 18. Aeceleration; Remediea Except as provlded In paraqraph 17 hereof, upon Borrower's breach of any covenant or <br />�� a aQmment of Borrower in t63s Mortgage, Including the covenanLs to pay when due any sams secured by thls Mortgage, � <br />;� Lender prlor to accekration s6a11 mail noNce to Borrower as provided In paraRraph 14 hereof apecffyi�g: (1) the breach; <br /> (2) t6e aMlon +equired to cure soc6 breach; (3) a datq not lees than 30 days from the date the notice is mailed to Borrower, <br /> t by wLich soch breac6 moet be cured; and (4) thnt fallure to cure such breach on or before tbe dafe specified in the no8ce '- <br />- Y may eesult ia acceleraUov oE the anms Secured by thb Mortgaqe, foreclosure 6y judiclat proceeding aod sale of t6e Property. <br />,� T6e notice s6a11 Earther tnforw Borrower of t6e rlgbt to reiasfate after accderation and ehe right to assert in t6e foreclosure f <br /> proceedlug t6e iron-e�chtence of a defanll or any other defense of Borrower to acceleration snd foreclosure. if the breach J <br />�� is not cnred oa or befo�e the date specifled in�the noNce, Lender at I,ender's optton may declare a11 of tbe sums secured by <br /> tdls Morfgage to 6e immedlately dae and payable withoM furlher demand and may foreclose by jodlcial proceeding. Leader <br /> a6all be entltled to collect In soc6 proceeding alt expeaues of forectosurc, including, bat not limlted to, costs of documeatary <br /> evldeuces abstracte and tltle reporb. <br /> { 39. Borrower's Right to Reimtata Notwithstanding Lender's acceteration of the sums securcd by this Mortgage. <br /> � _ Borrower shall have tlfe right to have any proceedings begun by Lender to enforce this Mongage discontinued at any time <br />: r. � . . . . . . .. . . . . . . <br /> � <br /> � . � - . , ..�. . � <br />