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� <br /> � � <br /> 00 <br /> � Lender's written agreement or applicable Iaw. Borrower shall pay the amount of al! mortgage insurance premiums in the <br /> t,,,i manner provided under paragraph 2 hereof. <br /> Any amounts disburaed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br /> � M indebtednus of Horrower secured by this Mortgage. Unless Borrower and Lender agree to other terms oF payment, such <br /> Cs � amounts shall be payable upon notice from Lender to Borrower rcquesting payment thereof, and shatl bear interest from the <br /> date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br /> ; ' interest at auch rate would be wntrary to applicable law, in which event such amounts shall bear interest at the highest rate <br /> ' ; � permissibie under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br /> ^ any action herovnder. <br /> S. Inspectioa. i,ender 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 reasonabie cause therefor related to LendePs <br /> interest in the Property. <br /> 9. Condemnation. 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 taking of the Propeny, the proceeds shail be applied to the sums secured by this Mortgage. <br /> with the excess, if any, paid to Borcower. in the event of a partial taking of the Property. 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 equaT to Ehat proportion which the amount of tfic sums secured by this Mortgage immediately prior ro the date of <br /> taking bears to the fair market value of the Property immediate�y prior to the date of [aking, with the balance of the proceeds � . . <br /> paid to Borrower. <br /> i If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offen 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 to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br /> Property or to the sums secured by this Mortgage. <br /> Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br /> ' j 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 Releaved. Eztension of the time for payment or modification of amortization of the sums secured <br /> iby this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner. <br /> � the tiabiliry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br /> 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 /> 11. Forbearance by Lender Not a R'siver. Any forbearance by Lender in exercising any right or remedy hereunder, or � � � � <br /> i otherwise afforded by applicable law, shall not be a waiver of or predude the exercise of any such right or remedy. r <br /> , � Thdproc�rement 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 accelerate the maturity of the indebtedness secured by this Mortgage. <br /> � ' 12. Remedies CumnlaHve. All remedies provided in this Mortgage are disiinct and cumulative to any other right or <br /> � remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently. independenUy or successively. <br /> 13. Sacces4ors and Assigns Bound; Joint and Severnl Lia6ility; Captions. The covenants and agreements herein <br /> � contained shall bind, and the rights hereunder shall inure to, the respective successors and auigns of Lender and Borrower. <br /> � subject to the provisions of pazagraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br /> � The captions and headings of the paragraphs of this Mortgage are for convenience onty and are not to be used to <br /> interpret or define the provisions hereof. <br /> 14. Notice_ Except for any notice required under applicable law to be given in another manner, (a) any notice to -a <br /> Borcower provided for in this Mortgage shatl 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 F: <br /> i (b) any notice to Lender shall be given by certified mail, retum receipt requested. to Lender's address stated herein or to ', " <br /> � such other address as Lender may designnte by notice to Borrower as provided herein. Any notice provided for in this ' <br /> Mortgage shall be deemed to have been given to Borrower or tender when given in the manner designated herein. <br /> � 15. Uniform Mortgage; Governi�g Law; Sevenbility. This form of mortgage combines uniform covenants for national '*n '� <br /> � use and non-uniform covenants with timirod variations by jurisdiction to constimte a uniform security instrument coveriag <br /> ! real propeny. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the ! <br /> F event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br /> . ; other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and ro this <br /> y end the provisions of the Mortgage and the Note are declared to be severable. <br /> ; � 16. Bomower's 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 /> ' 17. Transfer of the Prope�ty; Assumption. 1f all or any part of the Property or an interest therein is sold or transferred <br /> j by Borrower without Lender'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 /> i descent or by operation of law upon the death of a joint tenant or (d) the grant of any Ieasehold 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 2o accelerate if, prior to the sale or transfer. Lrnder <br /> , ; and the person to whom the Property is to be sold or transfermd rcach agreement in writing tha: the credit of such person <br /> y is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br /> f shall request. If I.ender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br /> j interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br /> ' � obligations under this Mortgage and the Note. <br /> 4 If Lender exercises such option to accNerate, Lender shall mail Borrower notice of acceleration in accordance with <br /> � paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the dare the notice is ma�'led within <br /> ; j which Borrower may pay the sums declared due. 1f Boaower fails to pay such sums prior to the expiration of such period, <br /> i Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br /> i <br /> ' I Notv-UxisontK Covewwxrs. Borrower and Lender further covenant and agrce as follows: <br /> , i 18. Aeceleration; Remedies. FSccept as provided in paragnph 17 hereof, upon Borrower's brcach of any coveoaot or <br /> ' rgmmeat oE Borrower in this Mortgoge, indudi� the cove�nts to pay when due any sums secured by tAis Mortgage, � ? � � <br /> � Lender prlor to acttkraUon s6a11 mait no8ce to Borrower as provlded in paragraph 14 hercof specifying: (1) the breaeh; <br /> , . i (2) the actlon nqulred to cun such breach; (3) a dstq aof leas than 30 days from t6e date the noBce b mailed to Borrower, � <br /> by which suc6 b�each mmt 6e curcd; snd (4) that Fallure to care auch 6reach on or beforc the date speci8ed ia the �rotice ;� , <br /> msy rmult in accelenHon o[ the su� murcd by this Mortgaq�, foreclosurc by judictal proceedtng and srk of t6e Yroperty. Y " j <br /> � The notice shall f�ut6er Worm Borrowv of the rlght to rclnstate aHer acceterstion and the right to assert In the fomlosure <br /> proceed(ne ffie non-ezietence ot a detault or any other defense of Borrower to accelerstlon snd forcclosare. II t6e 6rcach � <br /> � b not cured on or befo�e the date specl6ed In t6e notice, Lender at Lender's option may declare sll of the aums secured by ' � <br /> � � t6is Morlpge to be immedla!ely dae and payable wlthoat furiber demand and may foreclose by judldW proceediug. Lender ;;�'� <br /> ! shNl be entifled M collect In soch proceeding all experoea oE foreclosurc, incladiog, bot oot tlmited to, coets of docnmentary � : ,y, <br /> ' i evidence. abdracb and tlUe reporls. ,. ;k,; ; , ': . <br /> 19. Eocrnwer's Ri�ht to Reimpfe. Notwithstanding L.ender's accderation of the sums securcd by this Mortgage. <br /> Borrower shall have the rig6t to 6ave aoy proceedings bcgun by L.ender to enforce this Mortgagc discontinucd at any time <br /> � <br /> f ,./ <br />