r
<br />~4 ~~~jo21o
<br />Lender's written agreetnent or applicable law. Borrower shall pay the amount of ail mortgage insurance premiums in the
<br />manner provided under paragraph 2 hereof.
<br />Any amounts disbutsed ty Lender puruant io 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 fmm Lender to Borrower requesting payment thereof, and shalt bear interest from the
<br />dat8- of disbutsemenf 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 applicabie 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 />g. InsperHon. 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 to any such inspection specifying reasonable cause therefor related to Letder's
<br />interest in the Property.
<br />4. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or office 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 be applied to the sums secured by this Mortgage,
<br />with the excess, if any, paid to Borrower. In the event of a partial taking 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 the amount of the some 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. or if, after notice by Lender to Borrower that the condemnor offers to make
<br />un 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 writin¢, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of
<br />such installments.
<br />111. Borrower Not Released. Extension of the Ume 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 he required to commence
<br />proceedings against such-successor or refuse to extend time fur payment or otherwise modify amortization of the sums
<br />secured-by this Mottga~e by reason of any demand made bt• the original Borrower and Borrower's successors in interest.
<br />17. Fnrhearanee 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 nr 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 waiver of Lender'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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. 5nccessors and Assigns Bound; Joint and Several f :ability; Captions. The covenants and agreements herein
<br />comained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 17 hereof. Ali 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 no[ '^ he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. xcept 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 a[ such other address as Borrower may designate bV notice to Lender as provided herein, and
<br />(b) any notice to Lender shall be given by certified mail return receipt requested. tea Leniler~ address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Am notice provided for in this
<br />Mortgage shall tie deemed tc have been given to Borrower or Lender when given in the manner designated herein.
<br />I5. Uniform Mottga>;e: Governing Law•; Severobility. This form of mortgage combines uniform covenants for na[ianal
<br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
<br />real property. This Mortgage shall he governed by the law of the jurisdiction in which the Property is located. In the
<br />event that any provision or cla[se 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 he given effect without the conflicting provision, and to this
<br />end the provisions of the Aiortgage and cite Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property; Assumpfim[. If all or any pan of the Poeperty or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent. excluding Qt) the creation of a lien or encumbrance subordinate to
<br />this Mortgage, (b) the creation of a purchase money security interest fur household appliances, (c) a transfer by devise.
<br />descent or bq operation of law upon the death of a joint tenant or (di the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender: 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 en the sums secured by this Mortgage shalt be at such rate as Lender
<br />shall request. If Lender has waived the option ro accelerate provided in this paragraph l7, and if Borrowers successor in
<br />imerest has executed a written assumption agreemem accepted in writing by Lender, Lender shall release Borrdwer from all
<br />obligations under this Mortgage and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accardanee 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 Barrow•er may pa}• the sums declared due. IY Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, im•oke any remedies permitted by paragraph 13 hereof.
<br />Non,UNtrott[a Covsr[nrrrs. Borrower and l..ender further covenant and agree as follows:
<br />18: Aecelotation; Remedies. Fxcept as provided in paragraph !7 hercoL upon Borrowers breach of any covenant or
<br />agreement of Harrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage.
<br />Lemiti prior to acceleration shelf mail notice in Borrower as provided in paragraph 14 hereof specifying: (I) the breach;
<br />i2) t4e, action rrgaired to cure such breach; (3) u date, not Ices thaq 30 days from the date the notice is mailed to Borrower,
<br />by +{6kh-such breach muss be cured;-and (4) Thal EaBure to cure sock breach on or before the date specified in the notice
<br />mty tesult In arcrlat~tion of the surirs secured by this Mortgage, forevlosure by judicial proceeding and sale of the Property.
<br />T'6e notice abet! lurther inform Horrower of. the righf to reinstate after acceleration and tfie right to assert in the Enrrclosura
<br />Psgc4:ediayi ilia repo-cz~tenrr of a default or soy other defenwe of Borrower to aeceirrat]on and foreclosure, ff fhr breach
<br />hr rtat cunt! by or.txfare the date sprrlfled in Ihr rtotlce, I.rnder of l,rnder's option may declare aB of the sums secured by
<br />thin ,*.ly~igt~q M he linn[ediafely due amt payable wkhaut further demand and. may fnrechne by judicial proceeding, Fender
<br />shtuil ht entitled is rofieci lasuch prorzeding a[i expenses of fareclasurr, includiuq, but mtt limited fo, costs of docmnrntary
<br />tavldw+ct, d[Rtruts and_ flak rspnrts.
<br />1,lid 1nrroYrorr"a Right to R:it~atate. Nufwithstauding I_enderi aecc)eratiun of the sums secured h}= this Mortgage,
<br />B4r'FOw&r shall have the right ko have nay proceedings Itt:gun h}~ Lender [n rr[force this Mor[g:,gc di,continurd at aoy tirtrc
<br />
|