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85-- 001028 <br />I enokr's wnu n agreement or applicable law. Borrower 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 />amounts shall he payable upon notice from Lender to Borrower requesting payment thereof, and shall 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 such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require tender to incur any expense or take <br />any action hereunder. <br />8. inspection, Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any sash inspection specifying reasonable cause therefor related to Lender's <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 convevance in lieu of condemnation. are hereby assigned <br />and shall he paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he 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 he 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 />paid to Borrower. <br />if the Property is abandoned by Borrower. or if. after notice by fender 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 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 />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 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 he 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 Borrowers successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law. shall not he 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 he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. 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 he cvercised concurrently. independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability: Captions. The covenants and agreements herein <br />contained shall hind. 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 agreement, •if Borrower shall he joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience Only and are not to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he 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 !.ender as provided herein, and <br />(b) any notice to Lender shall he given by certified mail, return receipt requested. to Lender'% 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 he deemed to have been given to Borrower or I -ender when given in the manner designated herein. <br />13. Uniform Mortgage: Governing Law; Severability. This form Of mortgage combines uniform covenants for national <br />use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall he governed by the law of the jurisdiction in which the Property is located. In the <br />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 he given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />16. Borrower's Copy. Borrower shall he 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 Property; Assumption. 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 encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase monev 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 <br />Lender may, at Lender's option, declare all the sums secured by this Mortgage to he <br />immediately due and payable. Lender shall have waived such option to accelerate if• prior to the sale or transfer, Lender <br />and the person to whom the Property is i o he 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 Mortgage shall he at such rate as Lender <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 written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />if Lender exercises such option to accelerate, i.ender shall nrail Borrower notice of acceleration in accordance with <br />paragraph Id hereof. Such notice shall provide a period of not less than 10 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due 11 Borrower fade to pay such slums prior to the expiration of such period, <br />tender may. without further notice or demand on Borrower. Invoke an) remedies permitted by paragraph 18 hereof. <br />NoN- Untaotm Crrvr;NANrs Borrower and Lender further covenant and agrec as follows: <br />18. Acceleration; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in thk, Mortgage, including the covenants to pay when due any sums secured by this Mortgage. <br />Lender prior to acceleration shall mail notice ho Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the action required to care such breach; (3) a date, not teas than 30 days fruits the dare the notice is mailed to Borrower, <br />by which each breach mint be cured; and (41 that failure to cure such breach on or before the date specified in the notice <br />may result in acceleration of the sumo secured by this Mortgage. foreclosure by Judicial proceeding and sale of the Property. <br />'the notice shall further inform Borrower of the right Nr reinstate after acceleration and the right to assert In the foreclosure <br />proceeding The non- eskstence mf a default or any other defense of Borrower to acceleration foorechosure, if breach <br />and the <br />III not cured on or before the date specified in the notice. Lender at I ender's option may declare all of the sums secured b v <br />' <br />this Mortgage to be lmmedintely due and payable nithoul further demand anti may furechwe by judicial proceeding. Lender <br />shall he entitled its 4tralec1 In such procerding all espenscs of (fireI losure, including, but pool lintlled ha, ousts of documentary <br />eyidencr, abslrm is and title regporrts. <br />Berri-net's 19. Berra,nes (tight III ReIrtslate• V„Iw l6bst,an, I 1 nv I vI'deI , civI II",II .,I till' ',1l Olt .,, ,I Iv, I t,I this IllyI Ir agi, <br />ttnnrrycr Shall hate the righl In h:lve mv prn,reding•, IuHun hl t cndtn r. �: nl�,I,.r Ihr, ptotlgage ,11 any In,lr <br />