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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 />