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Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgage 85-.002800 <br />manner provided under paragraph 2 hereof, nsurance premiums in the <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower *cured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall hear 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 Lender to incur any expense or take <br />any action hereunder. <br />& J=PeCfioa. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />that Lender shall give Borrower notice prior to an such inspection s Pe Y. provided <br />interest in the P p Y Pe specifying reasonable cause therefor related to Lender's <br />9 Property. <br />• COmkmnndon. 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 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 such pro <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediatelyr ion of the proceeds <br />taking bears to the fair market value of the Property immediately prior to the 'late of taking, with the balance of the proceeds <br />paid to Borrower. of <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 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 anv 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 Borrower's successors in interest. <br />I1. Forbearapce by !.ender 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 exercised concurrently. independently or successively. <br />13. Successors and Alas 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 Gender and Borrower, <br />Thesubject to the provisions of paragraph 17 hereof. All covenants and ;agreements of Borrower shall be joint and several. <br />captions and headings of the paragraphs of this Mortgage are for convenience only 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 <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 Lender as provided herein, and <br />(b) any notice to Lender shall he given by certified mail, return receipt requested, to lender's 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 Vender when given in the manner designated herein. <br />iS, Uniform Mortgage; Governing I.aw; Severabiiity. 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 instrument covering <br />real property. This Mortgage shall he governed h the law of the urisdiction in which t <br />event that any Provision or clause of this Mongageyor the Note conflicts with applicable law. <br />Stich honflietl hail In the <br />other provisions of this Mortgage or the Note which can he t!iven effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the 'vote are declared to to severable. <br />16. Bormwer'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. Trimiller of the Property; Assumption. If all or any ;,art of the Prolec rtv or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. eveluding (a) the :reataoir dq :, lien or encumbrance subordinate to <br />this Mortgage, th) the creation of a purchase ina,nev .milt% interest iol, ho sehold appliances, ic) a transfer by devise. <br />descent or by operation of law upon the death tit a joint teu;ant or f;ia the grant ,�f ;anv leasehold ►rucrest ie! three scars or less <br />not containing an option to purchase, Lender may, .11 I ender,% aoptr,�n tieci:arz all the gums sld Irate rev this Mortgage to be <br />,tnmediately due and payabic. Lender shall 1racr *saved such „poor, t; accelerate e prior ei the sale or transfer. Lender <br />and the person to *horn the Property is to he sold or transferred roach :agreement in Anling that the credit of such person <br />rs satisfactory to i,ender and that the interest payable oil the ,seras sccureel by this M`14 ,'age shah he at such rate as Lender <br />shat{ rt base If (.ender has waived the o tion to accefer. rte provided =n this paragraph 17. and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in A riting by I ends r. i realer shah release Borrower from all <br />obligations under this Mortgage and the Note. <br />if Lender exercises such option to accelerate, i ender ,hall mail Borrower notice of acceleration in accordance with <br />paragraph i4 hereof. Stich notice shall picvide a period of 14,1 less than 10 days front the date the n,)tice is mailed within <br />which Borrower may pay the seems declared due. It Borrower t.uls r„ pay such sums prior to the f xpiration ,tit' such period, <br />Lender may. without further notice or demand on Borrowerl invi,{ e any rrMAO, ss l�s prior t paragraph i R hereof. , Stih <br />1�toty- UtVlt�oraht C.'a7VPNANT. BoProwrr and I.ertcicr further covenant anti agree as follows• <br />iii, Aece Borrow ; in this kl !except in provided a paragraph 17 hereof, upon Borrower's; breach of any covenant far <br />agr� of of Borrower in Ihkw f<1arlRagr, including the co1rnanl+ to Pay when due any ,urns secured by tb %1nft <br />i. ♦ to eeleral�n shall mail nastier lei Bf►rruwrf as Prf►violyd in paragraph I hereof s uifyi it�e, <br />12) du aetioa required to rare h breach; 1;41 a date, not Irr� than .4p dash from the tlale the notice is trailed to Borrower. <br />widrb h breach Iptrit he rated; and (A) that failure to Corr such breach on or before the date specified in the notice <br />its celeration a/ the same trcured by this t1orlg r, forrciuturr by judicial proceeding and sale of the properly. <br />. r sw further inform Borrower of the right te► reinstate after at vvicralion and the right 140 ar,sert in the forrch►aure <br />proctedling the mrxisteace of a maull for any other defense of Itorrowrr to acceleration and fr ►rrclfa.,arr. If the breach <br />6 cared on of before the dale sPecitied in the ut►lice, I.rnder ul i.Cnd"o 0 option may drelarr all of the sums the rd by <br />000 b Mortgage In he im n %jw dui and faaya lle without further demand and may foreclose by judicial Proceeding, bender <br />be entitled , i N► collect in each Pff►creding all expense, of ffile'Itasure, including, but "fit limlled lo, 'osts of doctunvulart <br />ev e, raf;fs► Ittk reports. <br />it, awroweel, Right to Reinstate, hiotwithsta ►al.lirrg I,endc't'4 >a;cr.ler;ailon of the "FAIN sevuted ley this N1f,rrvage <br />mower %hall have the right tip have any ptav i- cduegs Fac!gan, !�ti 1 , rn a'r I enforce, this (.'torn rgu .tree- olstirlare ^d at .any taruC <br />i'etclrt 3 <br />7 <br />i <br />