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_., <br />84 -t->>~o830 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to 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 from [,ender 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 />8. IusprcHott. Lender may make or cause to he 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 Lender's <br />interest in the Property. <br />9. Cotrdemnafbn. T"he proceeds of any award ar 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 6e paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he 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 he 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 secured by this Mortgage immediately prior to the date of <br />eking bears ha 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 Gender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Burrower fails ro respond to Lender within 10 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 Bc.; rower ciherwise agree in writing, env 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 [he amount of <br />such installments. <br />10. Borrower Not Rekased. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any mccessur in interest of ftormwer shall not operate to release, in any manner, <br />the liability of the original Borrower :rod Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refire to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made hp the original Horrnwer and Borrowers successors in interest. <br />I1. Forbearance by Lender Not a Waiver. .4 m,' forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law. 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 nut he a waiver of Lender's <br />right m accelerate the maturity of the indebtedness .ecured by this Mortgage. <br />i2. Remedies CumuiaBve. Ali remedies provided in this Mortgage are ciis[inct and cumuia[ive to any other right or <br />remedy under this Dlortgage or afforded M' law or cyuity, and may tx exercised concurrently, independentl}' or successively. <br />13. Successors and Assigns Bound: Joint and Sevrral Liability: 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 Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt 6c join[ and several. <br />The captions and headings of the paragraphs of [his Mortgage are fur convenience only and are not to be used to <br />interpret or define [he provisions hereof. <br />14. Notice. Except for any notice rcyuired tinder applicable taw to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he given bq moiling such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate 6y notice to Lander as provided herein, and <br />{b} any notice to Lender shall be given by certified math return rectnpt 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 he deemed to have been given to Burrower or tender when given in the manner designated herein. <br />IS. Uniform Mortgage; Governing Law: Secerabilfty, This form of mortgage combines tmiform covenants for national <br />use and non-uniform covenants with limited canations by junsdictiun to constitute a unifornt security instrument covering <br />real property. This Mortgage shalt he governed by the law of the jurisdiction in which the Property is located. In the <br />event [hat any provision or clause of the Mortgage or the Note conflicts with applicable law, such conflict shall no[ affect <br />other provisions of this Mortgage or the NMe which .;an be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the tiote are declared to be severable. <br />16. Borrower's Gopy. Borrower shall be Furnished n conformed copy of the Note and of this Mortgage at the time <br />of execution or after rewrdation hereof. <br />11. Trattskr of the Propertvt Assumption. If all ar any part of the Properq~ or an interest therein is sold or transferred <br />6y 8arrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this hlartgage, (b} the creation of a purchase money xsarity in[eres[ for household appliances, (c} a transfer by devise. <br />descent ar by operation of taw open the death of a joint tenant nr tdi the grant of any leasehold interest of three years or Tess <br />not containing an option 0.: purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall pace waived such option to accelerate if, prior N the sale or transfer, Lender <br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person <br />is saitsfaetory to Lender and that the interest payable on the ;unu secured by [his Mortgage shall he at such rate as Lender <br />shalt request. If 1"ender 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 al! <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. l.e+,der shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 herea~f. Such notice shat! provide a period nt not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If 8orrouer (ails io pap such sums prior to [he expiration of such period. <br />Lender may, wittaout further notice or demand on &?rrower. !nvuke an} remcdic_ petntnted by ; aragraph 1R her~~f. <br />NON-CJNIPGRM Coverseuis. Borrower a!tJ [.ender further covenant and agree a, 1'ollc?ws: <br />18. Accekratloo; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />aRreemeat of Borrower in this R1urlRage, including the covenants hi pay when due any sums secured by this Mortgage, <br />Lender prior to accekration shag mail rwtice to Borrower as provided in paragraph 14 hereof specifying: {1) the breach; <br />tIj fbe action required uu cure such breach; tai u date, cwt less than 311 days from the date the notice is mailed to Borrower, <br />try whisk each trreach inns! 4e cured; and !4) that failure to cure such breach ua or before the date specitkd in the notice <br />tuay rtsttlj is,ucceknfina of the sums secured b}~ this MoriKaRe, forechtsure 6y jodtcial pnceeeditryt and sate of the Propery. <br />Thp trgfice sha4 further inform Borrower of the right to reinstate after acceleration and the ritthl to assert in the foredoswe <br />prtrctee~ the eon-na.isisme of a defsuil or agcy other +kfense of Borrower to accekrstion acrd furcrlmure. If the breacle <br />is.nW euted: on or before the data spedfidi in the notice, Leader at bender's option may declare alt of the sums secured by <br />ddaNtrslµBe /a be itamediutelg due acrd payable without further demand and mar frurelose try jtulicial proceeding. Lcoder <br />s1atU ha elttilkd lq collect in such prgr`etdi'trg aB expenses of foreclosure, incladitgt, but not limited [o, assts of docntnentarr <br />evit4titcr, ukllractt au4 Ntk reptrris. <br />19, illbrrorret's RiRkf M Beiipiate» N,?twithstttndtng lsnder'x aculeratton of the vtrms -secured trp !hi« Mortgage. <br />i3oritPw~i ahail have the right to beer any prv7v.€- edings t,r:-gun h} lender tc+ etatetc,:, the Rfartgagc discnntuxted at ant lane <br />