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<br />84 --~- s1u0093 <br />tender's written agreement or applicable law, Borrower shag pay the amount of all mortgage insurance premiums -in the <br />manner provided under paragraph Z hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon: shall become additional <br />indebtedness of Burrower secured by this Mortgage. Untesc Borrower and Lender agree to other terms- of payment. such <br />amnants shall be payable upon notice from Lender to Burrower requesting payment thereof. and shall bear-interest from the <br />date of disbursement at the rate payable from time to time on oatstandidg principal under the No[e unlesi-.payment. of <br />interest at such rate would be contrary Co applicable law, in which event such amounts shalt bear interest at the highest rate - <br />permissiblc under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur ary exgense--or take <br />ady action- Hereunder. - - - -- - <br />$. (nspection: Lender-roay make or cause to be made reasonable entries upon and inspections-of the Property, provided -- <br />that Lender shall give $orrowernotice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />imerest in the Property. - - - <br />9: Cvademnafion. 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 lieuvfcondemnation, are hereby. assigned <br />and shall He paid to Lender. - - <br />Tn the event of a total taking of the ProperFy. the proceeds shalt be applied to the sums-secured-by this-Mortgage: <br />with the excess. if any. paid to Rormwer. In the event of a partial taking -of the Property, unleas.Borrower.and -Lender <br />otherwise agree in writing. them shalt fie 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 sentred by this Mortgage-immediately priorto the date-of <br />taking bean to the fair market value of the Pmperiv immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. - - - <br />if tfie Property is abandoned by Borrower, or if, after notice by Lender to Borrower that.[he condemnor offers to-make <br />an award yr settle a claim for damages, Borrower fails to respond 'o Lender within 30. days after [he.date~-such rtotice,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 m the sums secured by this Mortgage. <br />Unless Lender and Born~wer otherwise agree in writing, any such application of proceeds to principal shall-not extend <br />ur postpone the due date of the monthly installments referred [o in paragraphs 1 and 2 hereof or change the amount--of <br />such installments. - - - - - <br />10. Borrower Not Released. Extension of the time fur 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 tfie original Borrower and Borrower's successors in interest. Lender shall not be 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 />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shall nut 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 be a waiverofLender'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 hr law or equity. and may he exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound: Joint and Several Liability; CapHorrs. The covenants and agreements herein <br />contained shalt bind. and the rights hereunder shall inure ro, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of oaragraph 17 hereof. Ail 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 6e used to <br />imerpret or define the provisions hereof. <br />14. Notice. Except for any notice :egttired under applicable law to be given in another manner, ~ ,, any noticeto <br />Borrower provided for in this tvfortgage shall he giver. Hy mailing such notice by certified mail addressed to Borrower at <br />tfie Property Address or at such other address as Bvrrow•er may designate by notice to [.ender as provided herein, and <br />(b) any notice to Lender shall He 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 be deemed to have been given to Burrower or i.ender whin 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 h_e jurisdiction tv constitute a uniform security instrument covering <br />neat property. This Mortgage shall be governed by the taw of the jurisdiction in which the Property is located. In the <br />event that any provision ar clause of [his Mortgage or [he Noe conflicts with applicable law, such conflict shalt not affect <br />other provisions of this Mortgage ur the Nvte~ which can be given etTect without the conflicting provision. and to [his <br />end the provisions of the Mortgage and the Nate are declared nc he severable. <br />16. $vrrowers Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution yr after recordation hereof. <br />17. Transfer of the Property; Assumption. ]f aU or any part of the Pmpeny or an interest therein is sold or transferred <br />by $orrower without Lender's prior written consent. excluding ta} the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase moue}' 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 />Lender may, at Lender's option, declare all the sums secured 6y this Mortgage to be <br />irtunediately due and payable. Lender shall have waived such option to accelerate iF, prior to [he sale or transfer. Lender <br />and the person to whom the Property is to be sold ur transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable vr: the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. [f Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest bas executed a written assumption agreement accepred in writing b}' Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender chap mail Borrower notice of acceleration in accordance with <br />paragraph Id hereof. Such notict shall provide a period of not less than 30 days from the date the notice is mailed within <br />which $orrower msy pay the sutras declared due. It Borrower faits ro pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />NoN-Utttsoara COVENANTS. Borrower and Lander further covenant and agree as follows: <br />1& Aceeletatioa; Remedies. Fatcept as provided is paragraph 17 hereof, upon $orrower"s breach of any covenant or <br />a~pnemeut of 6orruwer in this Wortgage, Mciuding the covenants to pay when dap any sums secured by this Mortgage, <br />Gt+afttr: ptiuC M accekratloa shag ma$ notice to Borrower as provided is paragraph 14 hereof specifying: (1) the breach; <br />(S} flit actiim,rcgyired to cure stub breacbt 13) a date, mrt less than 30 days from the date the notice is mailed to Borrower, <br />by whkh sticb 68eaeh mast fie cared? and (4} that faBnre to curt such breach on or before the date specified in the troika <br />mtrX rcwtt in atcderatlar of Cbe sumo secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />Tha tartlet shag farther inform Borrower of the right to reinstate after acceleraton and the, right to assert in the Foreclosure <br />~ itNr rtttoxxistetut: o[ a default ar any other Aefence of Borrower to acceleration and foreclosure, tE the breach <br />k gat egctad ou oc before the daft specified in the notice, Lender at L,errder's optbo may declare ail of the soma secured by <br />this 3Ysgppa to be immediately due and payable without further Aeataad and may foraxlrrse by jadicial proceeding. Lender <br />shag ba tnlNfed to cofirrt in each proceeding ail expenses of foreclosure, tnrlading, hot not limited to, costa of documentary <br />evldeare, a6etracts and thk reports. <br />19, xetrtawct"s Right to Relnatatr, tr'otwitbstand+ng Lender's acceleraton . f the sums cenarad by this Mvttgagc. <br />l#orrowpt shalt have rht righ# io base any pto:etdingx begun by Lender to rn terse tMs Mortyagc dia::anunupd ut ang time <br />