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<br />~4 -~` t»0350 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under pazagraph 2 hereof. <br />Any amounts disbursed by (..ender pursuant to this paragraph 7, with- interest thereon, shall become additional <br />indebtedness of Harrower secured by this Mortgage. Ltnless IInrrower and Lender agree to attter terms of payment; such <br />amounts shah be payable upon notice from Lender to Borrower requesting payment thereof, and shat) bear interest from the <br />daze 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 conirary• to applicable law, in which event such amounts shall bear interest arthe highest rate - <br />permissible-under applicabie law. Noshing contained in this paragraph 7 shall require Lender to incur arty expense or take. <br />any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that t_ende: shat{ give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Leader's <br />inrerest in the Property. <br />4. Condemnation. "The proceeds of any award or claim far damages, direct ar consequential, io connection with any <br />condemnation ar 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 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 aeree in writine. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds. <br />us is equai to that pmpe:rtinn which the amount of the sums secured by this Mortgage immediately prior ro the date of <br />taking bears to the Pair market value of the Pmpeny immodiately priar to the dace of taking. wiib the balance of the proceeds <br />paid to $orrowcr. <br />if the Progeny is abandoned by Harrower. or if. after native by 1_ender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Harrower fails to respond to Lender witfiin ?0 days after the date such notice is <br />mailed. Lender is authorized io collect and apply the proceeds. at [.ender's nptian. either to restoration ar repair of the <br />Property err to the soma secnred by this Mortgage. <br />Unless Lender and Borrower otherwise agree in wririrg, any such npplicatian of proceeds to principal shall not extend <br />or postpone the due date of the monrhh• installments refermd to in paragraphs t and 2 hereof or change the amount of <br />such installmenu. <br />10. Borrower Nat Released. Extension of the Umc for payment nr mndificntian of amortization of the sums secured <br />by this Mortgage granted by F-ender to any successxrr hr intereq of Benawer shall not operate to release. in nay manner, <br />the liabiliiV of the original Borrower .end Barron°ar'c successats m interns[. sander shalt not he required to commence <br />prt?cecdings against such successor or refuse to extend time for pavmrnt or otherwise modify amortization of the sums <br />secured by this Mortgage by rcasor± of am' demand made by the original Harrowec and IIoratw•cri successors in interest. <br />11. Forbearance by Ixndrr dot a R`aiver. :~nc fertn arance by Lender in esrrcising any right ar remedy hereunder, ar <br />otherwise aft'orded by applicable saw. shalt net he a waiter of c.r preclude the exercise of anv such right ar remedy. <br />The procuremtni of insurance or the payment of trrxea rr other liens ar charges he Lender shall not be a waiver of Lender's <br />right to accelerate the materity of the indebtedness secured L+v this Mortgage. <br />12. Remedies Cumulative. ;ill rcmetbcs pan"uisd in this Mortgage ore distinct anti n+mtdative to anv z?they right or <br />remedy under ;his Martgagc ar afiarded by taw ar ccluin~, and mac tar exercised cancurrenth'. indepeodentic or sucecssively. <br />I3. Successors and Assigns Bound:.loint and Screens Liahitify; i'aptions. Cho covenants and agreemepu herein <br />contained sh[df hind, and the rights haretmder shall inure ro. rite ticperliee successors and assigns of Lender and Borrower, <br />srbiact to ehc provisions s:f paragraph `:, h;;reoi. A11 a . nanrs and agrxments ei IIonnwer shat] he joint and several. <br />The capuens anv) headings o[ the paragraphs of this Is9ongage are for arnvenianre only :utd are no[ to he used to <br />interpret ar de~5ne the pnnnsians hereof. <br />14. --_\'atice. Except for ang' notice ryuirrd under x;?plirable lain r,~ be gluon ;n another manner, !a) any notice to <br />Borrower provided for m this Mortgage shah he gi.=cu hk' rnarGng such noucn hy' certified moil addressed to Barmwer at <br />the Property Address or at sucfi other address as Rorreu cr may desrgnate t±y notice to i.ender as pravicied herein, and <br />(b) any native to i_cndc.r shall he eiven h.v censfied moil, return reec=pt rcqucsied, to i.enders address stated herein or to <br />such other address as Lender mac- designate ht' nc+iicr to Borrower as provided herein. Any notice provided for in this <br />MnrtRage shat) tx deemed to have been given to Borrower or 1 coder a-hen given in. the manner designated herein. <br />[5. L)nifarm s11a»gage: t'ioverning L aw: Seserabilitc. This form of mortgage a~mbines utrifarm covenants for natianaY <br />ease and non-uniform revenants a-ith Gmitcd vanauans he ;e~risdreuon to consriuue a uniform sorority insf rumen covering <br />real property. This Mortgage shall lx :;ovenred by the. tau of the iurisdictiar, iu which the Property +s located. In the <br />event chat any ptovesian or clause of this \laxgage or the Netc conflicts ~c-it}; applicable law. such conflict shah not affect <br />other provtsians of this Mortgage or the Note whkh vin be ewer. e!fect without the conflicting provision. and to this <br />end the provisions of nc~ Mortgage and the \ote arc darlared to he scveraMe. <br />l& Bomwer's Copy, Bormwar shall he furnahed a coaMrnted rnpv of the Notc :end of this htarigage al the time <br />of exendion or alter rcaxdatian hereof. <br />17. Transfer of the Property: Assumption, If a!! ur asry part n[ the Property or an interest Lherein is sold or transferred <br />by Borrower without Lender's prior written consent. escludiog tai the rrcatioa of a lien or encumbrance sutwrdinme to <br />this Mortgage, tt+l tree creatia^ of x purchase money security interest for household appliances. (cl a transfer by devise. <br />descent ar by operation of taw upon the death of a joint tenant or t;il nc~ gram of any leasehold interest of three years or less <br />mtt aan[sining an nptian to purchase" Lender ma}', ;u Lenders upnar, declaro alt the: sums secured by this 1vlortgage to be <br />immediately dtte and pay'abie. Lender shal} pace uaivrd r,+ch option to accelerate if, priar to the vale ar transfer. Lender <br />and the person to whom the Pmgerty is ro tx sold or transferred roat:h agreement in writing that the credit of such person <br />is satisfactory to Lender and that the inLarest pavabte on the sums secured by this Maetgage- shall be at such rate as tender <br />shall request. If Lender has waived the nptian to accelerate provided h+ this paragraph 17, and if Borrowers successor is <br />interest has executed a written assumption agreement accepted in »-citing by Lender, Lender shall release Harrower from all <br />abliganons under this Mortgage and the Note. <br />if Lender exercises such option to xccek~rate. tender Shull mail Borrower notice of aacelerttion in accordance with <br />paragraph t4 het'eaf. Such notice vital] provide a period oi' not less roan 3t) days from the date the notice is mailed within <br />which Barmwer may pxy the slims declared due. it Harrower fails is pay such sums prior to the expiration et such peritxi, <br />Leader may, without further [tc?rice or ck.mand ter Borrower, invoke anv remedies ;>ermitted by paragraph tS hereof. <br />Noss-Utstr`aatvt Cavetv,x*s. Harrower and Lender further amenant and agree xs ic=liews- <br />18. Aterktaffont Remedies. Fattept as provided in paragraph li hereof, upon Borrower's breach of any covenant nr <br />agree®ent of Barrawrr is this .ktortg~r, inriudine the rovenanls to DaY when doe any sums secured by this h9orEttake, <br />l,eraletprbr to acceterafian sludl mats rwttice to Harrower as pnrvitieei in paragraph i4 hereof sprriQ•inR: (1} the breach: <br />;2) lire actk+a :squimf to tore sncle brracbt ! SL a dote, not Irss than 3p days from the date the notice is mailed to Harrower, <br />by s•blth aach breach roast br cared; and 14! that faltnre lu cure such breach on or before tiro date spceified in the metier <br />mt4s'. result in acYdrtstNna of the sonar secured by Ihh lt9urtq,~r, fnrerbsure by judicial proceeding and sate of the Poeperty <br />"i'bs naNtx sbaHIarther fnfatm Harrower of Ihr right to reinstate after acrelrration and the right fa assert in ibe forrclasure <br />pruavrd+t~Me twa.aaiateacr of a drftra{t or a»y other defense of Borcower En acceknfian and foreclasare. If the breach <br />M oat eared as w beiatt the date spaifird in the notice, txndrr al Lender's nptian may da'tare all of the sums secured by <br />tttit ita't~r to be fmatrdiatety der tend Qay^bte without further demand and max farrclase by judiriat prmeedfag, Lender <br />sbatf bet eaHtkd b rt+ffrrl to suck-proreedfng aft expenses ut torra}osore, ineludlrtg, tent oat Hrnited ta. nzstx of daruntentary <br />svfdrata. alalraets and Wk rrpnrls. <br />f4. ItOrrawer`s Rl¢ht to Rrfnalalr, Naiwithstanding Lender's ac~cferauan ref the surm sCt: tired 1?y this M1tortgage, <br />HW'trnvat +hatl have tha tigl3t to have. guy prxxredings kregua by Lrndcx ra enietcc thss Martgxgr discantmutd ,xt anv t:ptc <br />t. <br />