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<br />I <br /> <br />0012,. :2 <br /> <br />Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgage insurance premiums in, the <br />manner pJ'ovided under paragrapb 2 bereof, <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, sball become additional <br />indebtedness of Borrower secured by this Mortgage, Unless Bor,ower and Lender agree to otber terms of payment, such <br />amounts shaUbepayable upon notice from Lender to Borrower 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 law, Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder, <br />I. Inspeclion, Lender may make or cause to be made reasonahle entric.. upon and inspections of the Property, provided <br />that Lender shall give Borrower notic'e prior to any such inspection specifying rcasonable cause therefor related to Lende,'s <br />interest in the Property, <br />9. Coudenmadon, 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 lhe sums secured hy this Mortgage, <br />with tbe excess. if any, paid to Borrower. In the event of a partial taking of the Property, unle.~s Borrower and Lender <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 tbat proportion which the amount of the sums secured by this Mortgage immediately prior 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 of the proceeds <br />paid to Borrower, <br />If the Property is abandoned by Borrower, 0' 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 pa,agraphs I and 2 hereof or change the amount of <br />such installments. <br />10. BorroWft' Not Reteased. 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 shaH not operate to release. in any manner, <br />the liability of the 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 othef\\'ise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's sllccessors in interest. <br />11, F~ 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 be a waiver of or preclude the exercise of any such ,ight or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender ~hall not be a waiver of l~ender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />U. Remedles Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any Nher right or <br />remedy under this Mongage or afforded hy Jawor equity. and may he exercised concurrently. independently or successively. <br />13, Su<<esson lUId Assigns Bound; Jolot aod Several I.Iabillty; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and BOT<ower, <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 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. fa) 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 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'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 be deemed to have been given to Borrower or I.ender when given in the manner designated herein, <br />15. Unlfono Mot1lllCe; GovemiDc Law; Severability, This form of mortgage combines uniform covenants for national <br />use and non~unifo.rm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real pToperty, 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 conflict shall not affect <br />other provisions of this Mortgage or the Note whtch ~an be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the Note are declared to be sev'erable, <br />16. IIorIvwer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution 0' after recordation hereof, <br />17. TraMfer of tile Property; Auumptlon. 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 Mongage, (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 (dl 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 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 by this Mortgage shall be at such rate as Lender <br />>ball 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 />obliptions under tbd Mongage lUId the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />fllIlllII'APh 14 hereof, Sucb notice shall provide a periOO 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 fails to pay such sums prior to the expiration of such period. <br />Lender may, without further notice or demlUld on Borrower, invoke any remedies permitted by paragraph 18 hereof, <br /> <br />NoN-UNtPOaM COVENANTS, Borrower and Lender funher cO"enant and agree as follows: <br />1.. ~l~ Except.......'rioIed Ill......... 17 beseof. IIpOIl Bono_.... breado of .oy COYeJIlIlIt or <br />....... of ~ III tloIa MlIII&8Ie. I1ldtMIlII& the con_ to pay whee d.. DY s.._ _wed by tbis Morlp&e. <br />.......... to aocekI...... .... .... toOlke t.. ~ as ......Ided hi JNlllllrapIa 14 hereof specifying; (1) the bread1; <br />Q) die ..... ...... .. caR wcIt IlrealI; (J) . .... DOt '- t.... JO days f...... the dale tbe DOCke Is mallecI 10 Borrower. <br />..,......wcIt '"-II _ .. CWI<II; ... (<I) .... f...... to .,...., sudI breach _ or before tile dale spedlIed In the DOCke <br />...l'tIIIIIiII ~nht__of""_ _1INtI by thk Mtmpp, f~ by ludkllll ~ ud llIIIe of tbe I'rotlerty. <br />n............. ...... ....... of the rl&Iol to nlMlatc after a<<eIetatloII .... lhe riIbt to _ ill lhe fondooun <br />"'--.Illt __.i . _ of . ..,. .. .., otbu de'- of ........_ I.. ~ ...... fondosolre. U tile breado <br />. Is ... ... ... .. ...... IlIe .... ....... ill 1M lMMke, t<e..... at Leader's ...... _y dedan all of the ...... -..red by <br />............. "'1_ 1- . " .... MIl ~ without I'1rrUou *-d ... _y fondoa by juolieIIlI~, lA8CIer <br />................ e6d ill.... ............ all UfM'MM 01 f~ ItIdIodIit&. ... "'" ...... .... .- of tIo<'e-.ry <br />....................... ........ <br />1t. -.-........ to.......... Notwithstandin, tender', 8C<.'elet'at...... of the ",nu .ecured by this Mort,..o. <br />-.-mau hove. rlatu to haw ItftY pt'<l<:eedinp beI\ln by tender to enforce thIS Mon.1I<' discontinued .t an)' time <br />