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L <br />85-- 003333 <br />1- e?ucler s written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums iaa the <br />manner provided under paragraph ? hereof. <br />Any amounts disbursers by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />inclebt`edncss of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />aat"rits shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />in ee interest disbt regent at flee rate payable from time to time on outstanding principal under the Note unless payment of <br />inter at such raft Would be contrary to applicable law. in which event such amounts shall bear interest at the hight�t raft <br />t under applicable law. Nothing contained in this paragraph 7 shall t�uire i ender io incur any ex es or take <br />any action here ceder. <br />L 1100pecdois. Lender may make or cause to be made reasonable entries a spec <br />that shag give Borrower notice prior to array such in tons and inspections of the Property, provided <br />interest in the Property. inspection specifying reasonable cause therefor related to Lender's <br />9- CondemwWbw The proceeds of any award or claim for damages. direct or consequential. <br />condemnatiot or utter taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arose bcm-h fined <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 slams secured by this Mortg age. <br />with the excess. if any, paid to Borrower, in the event (If a partial taking of the Property. t'nitss Borrower and i_endcr <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 Mong age immediately pric�t 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 t the proceeds <br />Paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make <br />art award or settle a claim for damages. Borrower faits 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 t <br />he <br />Property or to the sums secured hN, this Mortgage. <br />IT 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 land ? hereof or change the amount cif <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modiflcafion of amortization of the slams secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower ,h.111 not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. tender shopl not he required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise ni -dify 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 />I L 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 pavment of taxes or other liens or charges by Lender shall not <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. be a waiver of Lender's <br />12. Remedies Cumulative, All remedies provided in this '\3ortgage are distinct and cumulative to any other right or <br />remedy tinder this Mortgage or afforded by taw or equity and may he eiercised concurrently, independently nr successively. <br />13. Successors and Assigns Bound; Joint and Several Liahiiity; Captions. The covenants and agreements herein <br />contained shall hind. and the rights hereunder shall inur <br />ons of ar h 17 e to. the respective successors and assigns of Lender and Borrower° <br />sa'b ect to the provisi paragraph 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 he used to <br />interpret or define the provisions hereof. <br />14. N®tlee. 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 />the Property. Address or at such other address as Borrower may designate h•, notice to Lender as provided herein. and <br />fhi any notice to Lender shall be 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 hey An = <br />,Mortgage shall he deemed to have been given to Harrower or Lender shcn given in t. e � , this <br />'M <br />15- Usill rm Mortgage; Governing Law: Severability. Th is form of mortgage e <br />use and non - uniform covenants with limited variations by jurisdiction to constitute i, $a tonal <br />real p roper?v. This Mortgage shall be governed by the law of the lurisdiction in which the Property is located. In the ing <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law. such conflict shall not affect <br />other prosasinn% of this Mortgage or the Note which can he given c°fiect without the conflicting prevision. and to dais <br />end :lie provisions of the Mortgage and the Note are declared to he severable. <br />16- 90 "Waver's Copy. Borrow =er shall he furnished a conformed copy of the 'vote 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 money security interest for household appliances, (c) a transfer by devise. <br />descent or by ration of law upon the death of a joint tenant ar <br />immediately dare and payable. I.enderlshall have ywaived such option to accelerate lif. prior secured the sale orstr�ais gage to Lender be <br />-'ad the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such PC oz-, <br />ss satisfactory tea Lender and that the interest payable on the sums secured hti 'his NlOrtgage shall he at such rate as 1_ens <br />shall st se 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 />'Nigalinfils under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 3t) days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pav such slims prior to the expiration of such period. <br />Lender may, without further notice or demand oil Borrower. invoke an) remedies permitted by paragraph 14 hereof. <br />NoN- UNIFOA r Crnvr;vAN75. Borrower and Lender further covenant and agree as i.,llows: <br />IS- Ac ; R die-& Except as � i�rr ®wer in t� ;yt�� including provided � paragraph 17 hereof. upon Barrr,a•er's breach of any covenant or <br />the covenants to pay when due any sums secured by Ibis !Mortgage, <br />[agreement <br />,etrtier prior 1® acceleration slurN notice t® grower as pmr.ided in Paragraph <br />(Z) the action to cue such p ag aph 14 hereof specifying: (1) the breach; <br />Mach; (3) a date, amt lefts than 39 days from the dote the ncttic°e is mailed to Borrower, <br />by which such breach aim be cured; and (4) that failure to care such breach on of before the date specified In the notice <br />"any of the Sgms secured by this M"Vagt, for•echrsure by judicial proceeding and sale of the property. <br />The notice shall further Worm Sortrower of the right f® rthWalt after acceleration and the right to asacrt in the feuee use <br />Proceeding ON �a-tZi Mence of a or any either defenn of Borrower to acceleration and foreclosure. if the breach <br />is cored an ®r before the date rd is the notice, Lender at Lender's Upton may declare all ec the sums secured by <br />this Mortgage to be immediately die and payable without further demand and may fajrecicnse by judicial the <br />cg. tender <br />stilll be entitled to ca#iect in such Prect"irig all expenses of foreclosure, including, but nut limited to, costs of dncuo'ea'tary <br />aviCnce. abstracts and title reports. <br />19. B®rmwces Right to Reinstate, Notwithstanding Lender's acccter at;on of tltc sterns secured by this Alorr ,ale, <br />Borrower shall have the right to have any proceedings begun by l.erader to enPure:a ;h tiI „rag.,f;c ciisa ont,ns+cd at any tern,: <br />K <br />