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85-- 001811 <br />Lender', wrusn agreement or applicahle law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />r Any amounts dishursed by Lender pursuant to this paragraph 7, with interest thereon. shall become additional <br />1 indebtedness of Borrower secured by this Mortgage. Unless Borrower and lender agree to other terms of payment, such <br />t 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 woold he 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 Lender to incur any expense or take <br />any action hereunder. <br />N. 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 such inspection specifying reasonable cause therefor related to fender'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 conveyance 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 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 he applied to the sums secured by this Mortgage %rich 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 hears to the fair market vahte of the Property immediately prior to the dare of taking, with the balance of the proceeds <br />paid to Borrowe <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 />Propene or to the sums secured by this Mortgage. <br />Unless Lcnder 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 liahility 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 Borrower's successors in interest. <br />It. 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 anv such right or remedv. <br />The procurement of insurance or the pavmcnt of Lose% or other liens or charges by i.ender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness scaircd by this istortgage. <br />12. Remedies Cumulative, All remedies presided in this Mortgage are distinct and cumulative to anv other right or <br />remedy under this Mortgage or afforded b n w a <br />y law r egry nd rosy hr escrch :cd conct :rrenth. independently or successiveiv. <br />13. Successors and Assigns Bound; Joint and Several Liability: Captions. idle covenants and agreements herein <br />contained shall hind. and the rights hereunder shall more to, the re.pectwe successors and assigns of lender and Borrower, <br />subject ro. the provisions of paragraph 17 hercol. All covenants and aercentents of Borrower shall he joint and several. <br />The captions and headings or the paragraphs of this Mortgage are for convenience only and are not to tae used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for anv notice reynlred under .ipplird,le lass a, he given in another manner, (a) any notice to <br />Borrower provided for .n this Mortgage shall he gttcn by mauling such nonce by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower ntav designme by notice to Lender as provided herein, and <br />(b) any ::puce to Lender shall he gt%cn by certified mail. return receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate M notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shail be deemed to have hecn given to Borrower or I ender when given in the manner designated herein. <br />15. uniform Mortgage; Governing Law; Severahility. this form of mortgage combines uniform covenants for national <br />use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instnrment 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 be %everabte. <br />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 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. (h) 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 <br />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 n, accelerate if. prior to the sale or transfer. Lender <br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable nn 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, fender shall release Borrower from all <br />Obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Bonower notice of acceleration in accordance with <br />paragraph 14 hereof Stich notice shall provide a period of not less than to days from the date the notice is mailed within <br />which Borrower may pay the sums declared duc. It Borrower fails to pav such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower. invoke am remedies permitted by paragraph 18 hereof. <br />NoN- UNIWtRM COVENANTS Borrower and Lender further cuven,ini and agree a% follows: <br />iN. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Mortgage. including the covenants trr pay waen dae any sums secured by this Mortgage, <br />or <br />Lender prior to acceleration shall mail notice to Borrower as lumided In paragraph 14 hereof specifying: I1) the breach; <br />(1) the action required to cure such breach: 13) s date, not less than JO days from the date the notice is mailed to Borrower. <br />by which such breach must be cured; and (4) that failure to cure such breach on or before the dale specified in the notice <br />may result In acceleration of the %ants secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />Fhe notice shall further Inform Borrower of the right to reinstate after acceleration and the right to aswrt in the forect rsure <br />proceeding, the nn.existence of a defoull or any other defense of Borrower to acceleration and foreclosure. If the breach <br />I% not cured on or before the date specified in the notice, I.ender at Lender's option pray declare all of the sums secured by <br />this Slorigage ht Ire immedialel,v due and payable without further denomd and mar foreclose b) judicial proceeding. 1 ender <br />"!tail be rnlitled to collet t in %ach prurcedbng all expense% of fort-4 lowue, including, bill not Bolted lo, costs of docunrentarr <br />ertdem e, ahstrai is and title reports. <br />IH, Borrower's Buhr In Relostair. '—tw ahsl.uuhnlf I,.rdrr .,,Ir�.l i, ni ..0 .vm, .,. un•t !•t elm xLrttx alto <br />i4nne-a.rr ..sail ha',e 0, glot n, haw .- ,t ....'.. list" 1" Ku , i�. I � � <br />.0 <br />'• t I �. 4 . ! <br />.—i <br />