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86- , 106517 <br />Leader's written agreement or applicable lax. Boni)wer shall pay the amount of all mortgage insurance premiums in the <br />mama provided under paragraph 2 hersof. <br />Any amounts disbursed by Lander pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebMdwea.of Borrower secured by this Mortgage. Units Borrower and Lender agree to other terms of payment, such <br />anseuna shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />dili'of °dbbwyemptt <br />at the raft parable from time to time on outstanding principal under the Note unacs payment of <br />itp tot tech raft would be contrary to applicable law, in which event such amounts shall bear interest at the highest rue <br />permiWMe tinder applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />wer notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />!. Calloomdem. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or ocher taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shah bepaii to'L,ander. <br />in 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 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 due of <br />taking bars to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid ;to.3t rmwer. <br />If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower 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 to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the sutra secured by this Mortgage. <br />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 installments referred to in paragraphs i and 2 hereof or change the amount of <br />such installments. <br />10. Boenwer Not Role seL 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 operate 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 />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 Borrower's successors in interest. <br />11. Forbseraaee by Leaner Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he awaiver 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 t -ender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Rewsaft Cm=WWAl re. All remedies provided in this Mortgage 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. Seecasim and Anlgws Bored; Joint and Several f.iabilky; Capllem The covenants and agreements herein <br />contained shall 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. 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 only and are not to be used to <br />interpret or I Awe the provisions hereof. <br />11, Nedce. 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 mail addressed to Borrower at <br />do 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 Lenders address stated herein or to <br />such other address as Lender may designate 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 Lender when given in the mantra designated herein. <br />IS. Usulfer o MoAgage: Governing Law: Seven"ky. This form of mortgage combines uniform covenants for national <br />use and non- unitonsn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is ]orated. to the <br />event that any provision or clause of this Mortgage or the ?dote 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 to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Bonowees 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. Trooder of due Property: Asuentpllow. if all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbranr- subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) :.ansfer by devise, <br />descent or by operation of 12w 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. Leader shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br />MW on nd the person to whom the Property is to be sold or transferred reach agreement in writing that the ere-sit of such person <br />is satisfactory to Leader and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />alall rerpost. if lender lees waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has eaecued a written awsumption agreement accepted in writing by Lender. Lender shalt release Borrower from all <br />obliptioas under tips Mortgage and the Note. <br />U Latedwr.eaarifet such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />prorafntph_ 14 hereof; Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which BorTOwer may pay the sums declare! due. If Borrower fails to pay such sums prior to the expiration of such period, <br />I easier gray, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof. <br />NoN:U"tione w Covtxurn. Borrower and Lender further covenant and agree as follows! <br />IIL Aces,"Odw iier�wlee, Raculw as �rNai is pw ftnq t 17 hereof, " Borrower's breach of way covewwwt or <br />10i u of Botrowar M Us4 Moet11an its wiiag rise covernwts to pay rr►aw due any seem secwed by obis Morlgw1te. <br />leerier gaiet.M aoosslstaeiew >isuB wiofi adiske N- lllwrrsiwer as povbki in pwraltr"* 14 lrereal speeffyiwge (A the l react: <br />tubs � iiii a s11— l ind to tytwb weer Miweln 131 s iMe. sw/ Iws Wow 34 dwys from the 4ate the suttee M wuilei to Borrower. <br />kitty wiid� 1NweM bnrteie anatl bs etsrsk atri i4i that 18"m is care ousels breach m or before ewe deft specified Iw Nee notice <br />T�rw't Igit hs <br />at the soawt seewrei by ibb MaNRags, foreclow n by Oolkisi #rocteeiiwg rust sale of 1'•w Pre /e+ty . <br />arlilattMwi hslbre kifoeaa ft "Our of due do* w reinstate SfW aecekratiow and the right to wawen M Nee torecioaure <br />preswifag "ie nafa•+ndiiiwwte' f a iafatrf K war alter dlfeara of Borrower to acceleration wed foratioowv. If the brrwch <br />is rat'uleei ram w bsfaat flee date s*aeMsd is the ago". Lewder at Lenites oltiww my declare an of the swats named by <br />tW, a M far fslraMrMb dew assail pwy"Ist wNbow rwilw ieaoawi and M" foreciore by judicial procceiiwg. Levier <br />Ibalfi ttrl arfl�ei,to eaeet N direr preaee/twr <br />all eapeusax at torechrrure, iachstfiag but wee iirrtred to, costs of iocuweotary <br />iriieaae, rBrilrietw aai tMe ►alas`• <br />H, iaeirttit�ertt M� 1tn ReMWMe. Notwithstanding Leader's acceleration of the sums secured by this Mortgage. <br />Bottiwver shsB hove doe rW to have any proceedings begun by Lender to enforce this Mortgage discdnimised at any ionic <br />Page 3 <br />