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<br />~~-- t)iJ06v~ <br />Lender's written agrcement 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. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from [.ender to Bottower 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 would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable Jaw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />anp action hereunder. <br />8. Jtrepectioe. 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 [o any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnatbn. The proceeds of any award or claim for damaees, 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 />1n the event of a total taking of the Properly, 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 faking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which [he amount of [he sums secured by this Mortgage immediately prior to [he date of <br />taking bears to [he fair market value of [he Property immediately prior to [he date of taking, with [he balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he 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 [o principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I 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 no[ operate to release. in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shat) not be required fo 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 />11. Forbearance lrv Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not tx 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 shalt not be a waiver of Lender's <br />right [o 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 Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shalt inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. .AII covenants and agreements of Borrower shall be join[ and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to 1>e used to <br />interpret or define the provisions hereof. <br />14. Notice. Bxcept 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 6y mailing such notice by certified mail addressed [o Borrower a[ <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 [o Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other addtess as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. 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 be 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 rnnflict shalt not affect <br />other provisions of this Mortgage or the NMe which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrower's Gopv. Borrower shall be furnished a conformed copy of the No[e and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. 7~ansfer 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 ta) the creation of a lien or encumbrance suboniinate 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 operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, 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 to accelerate if, prior to the sale or vansfer, Lender <br />and the person to whom the Properiy rs 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 by this Mortgage shall be ai such rate as Lender <br />shag request. If Lewder has waived the option to accelerate provided in this paragraph t7, and if Borrower's successor in <br />interest has executed a writteu assumption agreement accepted in writing by Lender, Lender shall release Bottower from all <br />obligations under this Mortgage and the Nate, <br />If Lender exercises such option to accelerate, Lender shaft mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. if Borrower faits to pay such sums prior [o the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph t8 hereof. <br />Nort-1)NIFORM Covr:rrexrs. Borrower and Lender further covenant and agree as follows: <br />3& Acteieratiar; Rewediec. Fattpt as provided in paragraph 17 hereof, upon Borrower's breach of wy covenant or <br />rtteroaweat of Eerrower in tbit Mortgage, irtctudiag the covenants to pay when due env sums secured by tlp Mortgage, <br />Ii.edar prbr to aseon ahha® mail notke to Borrower as provided in pangrapi 14 hereof specifyie~g: (1) the brcaeA; <br />{2) tie action re9aZrd to ctros mti bread; !3} a date, not less tban 30 days from the date the notice p mailed to Borrower, <br />M wbici _wci bseaelY tmtN ie aetre$ and (4) that faNure to cure suet breacb on or before tAe date specified in the rtotke <br />ngpt raarit la am~ittlon of We sans secured by tits Mortgage: foreclosure by jtrdicial proceeding and sale of the Ptaperty. <br />'ltrr rretica sitali #alix le[orrn;4acrowcr ai tie *htit to reimtate after aca~aleration and the right !o asgcrt fn the foreclosure <br />pmt-tie. ~e o[ a defamt or say oiler defensr of Borrower to acceleration and foreclosure. If the breach <br />is r1s4 cwid gw ~ bkfese tie dept specified is tie aotin, Leader at LetrdeTs option tttav declare aB of the sums secured by <br />mil Mprtpp to lx Lrraadiatety doe and payable witlotrt ftulher danaad tmd Duty foreclose by jttdicW proceedngt. Leader <br />t~bap JMe b coYsct lw sect peailag eB exptwdt of foreelartre, iacladEog, but aW linsked t0. Posts of docamealacy <br />fY-~ sad. qUe repots, <br />1#. llfrtariat'e 1Rlgbt to Jleiardats. Notwithstanding Lender's a4vekratian of the sums secured i+y this Mortgage, <br />IJOrrrswer sb1r11 Aave the r~hi to Aave any pnxwedings begun by Lender to enforce rhis tvtortga$e discontinued at anp time <br />