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85-.. 002119 <br />Lender's wrut,u greernent 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. l lnless Borrower and Lender <br />amounts <br />agree to other terms of payment, such <br />shall he payable upon notice from Lender to Borrower <br />requesting payment thereof. and shall hear interest from the <br />date of dishurcement at the rate payable from time to time <br />on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which <br />event such amounts shall hear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense <br />any action hereunder. <br />or take <br />8• Inspection. Lender may make or cause to he made reasonable entries upon and inspections of the Property, <br />that Lender shall give Borrower notice <br />provided <br />prior to any Stich 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 Pm,,,erty, <br />and shall he paid to Lender. Ii <br />or part thereof, or for conveyance in le of condemnation, are hereby assigned <br />In the event of a total taking of the Property, the proceeds shall be applied to the Burns secured by chic Mortgage. <br />with the e�cccs if any, paid to B „rr „•.%er In the <br />event of a partial taking of the Property, unless Borrower and Lender <br />otherwise geese in writing, there shaft he applied to the sums secured by <br />is <br />as this Mortgage such proportion of the proceeds <br />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 value of the Propert+ immediately <br />paid to Borrower. prior to the ,late of taking, with the balance of the proceeds <br />If the Property is ;abandoned by Borrower, <br />or if. after notice by i ender to Borrower That the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the dare 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 />Propert} or to the sums secured by this Mortgage <br />Unless Lender and Borrower otherwise agree in +yriiing. any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in <br />such installments. paragraph,, I and 2 hereof or change the amount of <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 <br />in interest of Borrower shall not operate to release. in any manner. <br />the liahility of the original Borrower and Borrower's <br />successors in interest Lender shall riot he required to commence <br />proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the <br />original Borrower and Borrower's successors in interest. <br />iI. Forbearance by !.ruder Not a Waiver. Any_ forbearance by i.ender in exercising arry right <br />otherwise afforded by <br />or remedy hereunder, or <br />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 ta,es or ether liens <br />or charges by Lender ,hall not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Morteaee. <br />12. Remedies Cumulative. All remedies pro,Idcd in this %lortgage ;are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or eg,a,ry noav he <br />,,nd i +etc ;, +•d c;,ncurrcntiy.:ndeprr.der.tly or successively. <br />13. Successors and Assigns Bound; Joint and Several I irbility: Captions. <br />The co,'cnants and ncreernents herein <br />contained shalt hind. and the rights hereunder shall Inure to, the respecr,ve successors and assigns of Lender and Borrower, <br />subject to the provisions of 17 <br />paragraph hereof All covenants and ,tpreenterat, ; +f Buno•.+rr shall he olnt and several. <br />The captions and headings of the paragraphs of this %1ortgage <br />are for convenience only ,,nd are not to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicahle I:n+ to he given in another manner, ia) any notice to <br />Borrower provided for in this Mortgage shall he given f,v nt,,iling <br />such nonce by ccrt,fied mad addressed to Borrower at <br />the Property Address or at such other address is Borrower may designate h% <br />notice to Lender as provided herein, and <br />Sti an} notice to Lender shall he given by ccrhtied mall, return <br />receipt requested, to Lender's address stated herein or to <br />sa ►eh other address as Lender -cony desienate h� notice to Borrower <br />as pro,aded herein 1ny notice provided for in this <br />Mortgage shall he deemed to have been given to Borrower or I ender when <br />given it the manner designated herein. <br />15. Uniform ;Mortgage; Governing (saw; Severability. This form of mortgage <br />use <br />combines uniform covenants for national <br />and ran- uniform covenants with limited vanahuns by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be by <br />governed the law of the jurisdiction in which the Propert} is located. in the <br />event that arty provision or clause of this Mortgage or the Note <br />conflict with applicable law, such conflict ,hall not affect <br />other provisions of this Mortgage or the Note whlcfi can be <br />even effect ,+';r►,,,,,t the conflicting pmycth and to this <br />end the provisions of the Mortgage and the `ote are declared to he ,eyer,thle <br />16. Borrower's Copy. Borrower <br />shall he furnished a conformed copil• of the Note ,Ind of thj, Mortgage it the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or anN part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written <br />consent. excluding (ai the creation of alien or encumbrance subordinate to <br />this Mortgage, fh) the ::reafton of a purchase money <br />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 />L pow '04 <br />ender may, at Lender's optlon. declare all the cure, secured by this Mortgage to he <br />rmrnediateiy due ::nd payable. l ender ,hall have w;uved such <br />()prior, t., ack_eler,lte it, and the Person. to whom the Property is to he sold or transferred reach .igrernteW it, vs�r�tutf tthat�cthalrre,i,tn,af Ipets� ender <br />is satisfactory ro Lender and that <br />ouch <br />the' interest p,,yahle on the cunt, secured h} chi, Mort),Ige shall he at such rate a, 1 ender <br />shall request If Lender has waived the option to <br />accelerate provided in this paragraph 17. and if Borrower's successor n' <br />Interest has executed a written assumption agreernent accepted in writing by Lender. Lender shall release Borrower <br />obligations under this Mortgage <br />and the Note. from all <br />If Lender exercises such option to <br />accelerate, Lender sh.til mall Bonowcr Honer .+f a�crleratn+n in accurdancc with <br />Paragraph 14 hereof Such notice shall provide a period m tie +t less than iO d,lv, front the date <br />which Borrower <br />the notice is mailed within <br />may pay the sun's declared due it Borro4+cr falls to poly sit+h ,ants prior to the expiration <br />Lender may, without further notice demand ouch <br />or alt period, <br />,n liorrowcr, invoke any roadie, ocrnuned h� , <br />. I i aragraph is, hercof. <br />No. %_1Jwrt()ant COVENAWIS Borrower and Lender further coven.uu .,nd agree as follows <br />tg. <br />Acceleration; Remedies. E;xcrpt as provided in paragraph 17 hereof, Borrower's breach of any covenant or <br />agreement of Borrower in this Mortgage, including the cravenantti <br />to pay when due any virus secured by this versa age, <br />(.ender prior re acceleration shall mail notice Ire Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />12► the action required to tore such breach; <br />131 a date, 11411 Iris than 30 da)s frrnn Ihr dale the notice Is ►nailed to Borrower. <br />by which such breath must be cured; and (4) that failure to elite such breach <br />on or before the dale specified in the notice <br />may result in acceleration of the sums secured by this . Mortgage, foreclosure by judicial proves a (l and sale of the property. <br />`ihe notice shall further inform Borrower of the right to reinstate after acceleration <br />) <br />and lire right to assert in the foreclosure <br />proceeding the nrm•existencr of a default or any other defense of Borrower <br />st <br />h► accrlerati41n and foreclosure, If t <br />is not cured on or before the (into specifier! in the notice, Lender at Icnder'r option rrury declare all of the xun.s Se,uredahs <br />this Movilla(ge to he immediately due and payable without further <br />; <br />rlenand and n►av forrclosc by judicial prucrrrlirlg. 1 Tudor <br />shall he entitled to collect in such provrrding all ckpcuces ,►i forrl'hlxnr @, includinK. <br />F °,= <br />evidenr, abstracts and title rrpurta, <br />boa nut lin,itrd r,,, c „air of dnc'tnnrlltarx <br />19, Borruwrr'W Might IU dtrinal�►Ir. °v. 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