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bbl 005980- <br />tinder. wrm n agreement or applicable law. Burrower shall pay the amount of all mortgage insurance premiums in the <br />manner provide under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indehtedrsess of Borrower secured by Ibis 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 lithe M 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 />permrissriNc under applicable law. Nothing contained in this paragraph '. shall require Lender to incur any the i expense or take <br />any action hereunder <br />Mgeetim Lender may make or cause to he made reasonable entries upon and inspections of the Pro did <br />that Leader .hail give Borrower notice prior to any such inspection ��, Pry <br />intense in the It pecifymg reasonable cause therefor related to Lender's <br />Property. <br />1. GanderAmOU . The Proceeds of anv award or claim for damages. direct or consequential, in connection with any <br />: ondemnation 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 he applied to the slims secured by this Mortgage, <br />,with the rs,,s, if any, paid to Borrower. In the event of a partial taking of the Property, tmkss Borrower and Lender <br />otherwise agree in w•ritine, there shall he applied to the sums secured Iry this Mortgage such proportion of the proceeds <br />as is equal u, that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bear, to the fair market value of the Property immediately Proceeds <br />to Borrower . <br />prior to the date of taking, with the balance of the pceeda <br />if the Property is Abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offerer to mate <br />An award or settle a claim fl'tr damages. Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Lender t, authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Propern or to the sums secured by this Mortgage. <br />Unlec, I ender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone ;he due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />19. Ban wet 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 be requited to commnc <br />proceedings against -rich successor or refuse to extend time for payment or otherwise modify amortizatioti of the suems e <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />11. Forbearance by Leader !Vat 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 raves or other liens or charees by Lender %hall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness . ecured by thi, Mortgage <br />11 IRe>.edies Cwnulative. All remedies provided in this Mortgage are distinct and cumulative to am other right or <br />remedy under thi, Mortgage or afforded by law or equity. and may he cvcrcrscd concurrenth independently or successively. <br />13. Saccersoa and Aslrgas Round: Joint and Several f.iahrBn•; Captions. The covenants and agreements hert:in <br />contained shall hind. and the rights hereunder shall inure to. the respective succcssors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 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 />inlerpl+et or define the provision, hereof. <br />11. Nelice. 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 ma,ang such notice by certified mail addressed to Borrower at <br />the Property Address Car at such other address as Borrower may designate by notice to Lender as provided herein. and <br />(b) any notice to Lender shall be 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 1 ender when given in the manner designated herein. <br />13. Usi►orsd <br />NagLage: Governing l.asv; Severability. This farm of mortgage combines uniform covenants for national <br />use and nun- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real Property This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. to 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 be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the :Vote arc declared to be severable. <br />If. Raerawtes Cott'. Borrower shall be furnished a conformed copy M the Note and of this Mortgage at the time <br />Of execution or after recordation hereof. <br />17. Transfer of the Property. Assmolitioa, 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 tat the creation of a lien or encumbrance subordinate to <br />Ibis Mortgage. (b) the creation of a purchase money security interest for household appliances. 1c) a transfer by devise, <br />descent or by operation of taw 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 In accelerate if. prior to the sale or transfer. Lender <br />and the person to whom the Property is to be 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 b% 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 Noce. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof Such notice -hall provide a period of not less than 30 days from the date the notice n mailed within <br />which Borrower may pay the sums declared due. If Borrower fads to pay such utms prior to the expiration of such period, <br />Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 ft hereof. <br />Nors•Urnfoase COVENANTS. Borrower and Lender further covenant and agree as follows: <br />Igo Acceleration: Rattttares, ifxcgf as trawler is 17 bercof. <br />sg esaasl M Rarrwoor in this Mrrlgage, aeon Borrower's breach d nay awesaM or <br />MelaNltg Ike covelrnsas co lay tykes ore any Baas seceder ti obi Marsgage. <br />Lesdar PIOW M aecaleretiae diall tad notice 10 Rrrraww Ir provided in pas nth ld be so f specifying: (I l the breach; <br />l2► Ike ttalfw IF 41111 1 d N ewe seek I i A (3) a dote. sal lad thus 30 days frown the late the settee is mailed to so ewer. <br />ON N sick bleach uses be crredl; and (4) am faiere N cure sock breach an air before the dote specpled is the nodre <br />srsy rMA in acceleration of the woos second by this MoApge, ftirecloostre by Judicial poceeding nor sale of the Pn*ersy. <br />Tee sae - 660 fertbrr v nrra Borrower of die rigkc to rthMOIE after acceeralen nor Ike r*M to amen is Ike foreckwure <br />Proceeding chat aoa- cafsascw of a lslsdl ot any ticker defense of Borrower co acceferatlon sad foreclosure. N cbe breach ! <br />N so ewer as tir before ON dote wtscihed in eke swice, tender or l.vn/ei s option may declare all of the sorts secured by j <br />Ibk Mortgage to be irswredisteiy doe mar psyokie wkhoul farther demand sod mat foreelrwe lit judicial proceeding. I.enrer <br />shall Ito entitled to eoNecr is sack prmeeriwg AN expenses of foreclosure. imfidinr, but mot limbed Io, costs at docnmenlan <br />evidroce. alAtim 1% and title repr.ns. <br />f1. BerrUwtl• Ritht to Rejustde. ', <,Iw rlhat erz d,rA I ruder l !'lei.rinri :I !hr ,!n ae. un•d tit the ,toes l�HRC. <br />ffinre,rct ;i,ail have !h. r: ht is:,vr ails naet'dui a x I cr,drr i• :set,r.,r !h.. Al „rg.,1;; 1P­-'1-.Vi .it ,inn lmw <br />