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~4 -u0i053 <br />Lender's written agreement ar applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amaunts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrawer and Lender agree to other terms of payment, such <br />amounts shall be payable upon native from Lender to Borrawer requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time nn outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law. in which event such amaunts shall bear interest at the highest rate <br />permissible under applicable taw. Noshing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />R. Inspection. 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. Condemnation. 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 he paid to Lender. <br />In the event of a total taking of the Properly. 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 />taking bears to the fair market value of the Property immediatel}' prier to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />if the Property is abandoned by Barrower, ar if, after notice by Lender to Borrower that the condemnor otfets to make <br />an award or settle a claim for damages. Borrower fails' to yes peed to Lender within 30 days after the date such notice is <br />mailed. Lender is authorized to collect and apply the praceeds. at bender's option, either [o restoration or repair of tfie <br />Property ar to the sums secured he this Martgage. <br />Unless Lender and Borrower otherwise agree in writing. am• such application of proceeds to principal shall not extend <br />or postpone the due date of the monthh~ installments referred to in paragraphs 1 and 2 hereof or change the amotinf of <br />such installments. <br />10. Borrower Not Released. 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 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 [a extend time for payment ar otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any farhearance by Lender in exercising an}• right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ar other liens ar charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness sccurrd by this hforteage. <br />12. Remedies Cumulative. All remedies provided in This Mortgage arc distinct and cumulative to any ether right or <br />remedy under this Martgage or afforded by law or equity, and may he exercised concurrently, independently or successively. <br />19. Successors and Assigns Bound; Joint and Several Liability; Capfions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure tu, the respective successors and assigns of Lender and Borrower, <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 at this Martgage are for convenience only and are not to 6e used to <br />interpret or define the provisions hereof. <br />14. Notice. Except fur any notice required under applicable taw ut 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 ar at such other address as Barrower may designate by notice to Lender as provided herein, and <br />(bl any notice ro Lender shall be given by certified math return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as pravided herein. .Any native pravided for in this <br />Martgage shall he deemed to have been given «~ Aarrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This loan of mortgage combines uniform covenants for m[ional <br />use and non-uniform covenants with limited variations by jursdictian to constitute a uniform security instrument covering <br />real property. This Martgage shall he governed by the law of the jurisdiction in which the Property is lacated_ in the <br />event that any provision or clause of thin Mortgage ar the Nate conflicts with applicable law, such cantiic[ shall not atiecr <br />other provisions of this Mortgage nr the Note which can be eiven effect without the can0icting provision, and to this <br />end the previsions aF the Martgage and the Note are declared to be severable. <br />16. Borrowers Copy. Borrower shall be furnished a ate (ornted copy of the Nate and of this Mortgage at the time <br />of execution or after recordation hereof. <br />f7. Transfer of the Property; Assumption. 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. exchtding lal the creation of alien or encumbrance subordinate to <br />this Mortgage. (b) the creation of a purchase money +eruriry interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law open the death o(a joim tcn;mt or (tit the 9 am of any leasehold interest of three years or tens <br />not containing an ap[ion to purchase, Lender mac, at Lender; option, declare all the sums secured by this Mortgage to be <br />immediately due and payable Lender :halt have waived such option nt accelerate if, prior to the sxlc or transfer, Lender <br />and the person to wham 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 interczt payable on the wm< ucured by this D9ortgage shall be at such rate as tender <br />shall request_ If Lender has waived the option to ecceleraic provided in this paragraph t7, and if Borrowers successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, 1 ender shall release Borrower 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 accordance with <br />paragraph 14 hereof_ Such nonce shall provide ., perod of not Ics, titan 3o days enrol the date the notice is mailed within <br />which Borrawer may pa} the sums declared due. It Barr„t~cr leas io pa}• such sums prior to the expiration ..f sucfi period, <br />Lender may. without further noucc or demand on Barro.er_ :nvu4.c an: remedies prrnutied h}~ paragraph 1`1 hereol. <br />Non-UNIFORM CoveNen TS. Barrower and Lender further co; enam and agree as R+llnws: <br />1R. Acceleration; Remedies. F,xcipt as provided in paragraph 17 hereof, upon Borrower's breach of any a•ovenant or <br />agreement of Borrower in this Mortgage, including the cuaenants to pay when due any sums secured by this il7ortgage. <br />Lertd¢r prior to acceleration shall mail notice to Borrower as provided in paragraph IJ hereof specifying: il) the broach; <br />22) the action required to curt such breach; (3) a date, not less than Jll days from the elute the native is mailed to Borrower, <br />by which such breach must 6t cureJ; and (41 that failure fo rove such hrtach on or before the date specified in lht notice <br />may result in acceleration of the sums secured by this Mortkagt, foritktsurc by judicial procitding and sale of the Property. <br />'Cht notitre shall fvrthar inform Borrower of the riKM at reiasmtc after acceleration and the right lu assert in the foreclosure <br />proceeding the non-existence of a default ar any other defense of Borrower to acctlera6an and foreclosure. If the breach <br />is not cured on or before the dale specified in the notice. l.endir at Lender's option ma} declare all of the sums secured by <br />this Mortgage to be Immediately dot and payable without further demand and may foreclust h} judicial proceeding. Leader <br />shag ht eo041id to collect in such proceeding a6 expenses of foreclosure, iodudfnK, bet oat limited to rusts of dtx•umantarr <br />rvtdence, atntratts and ndt reports, <br />l9. BOrrnwir's Right to Rtinstatt. 4,ttwnhstnnd~og !ender-v .~ arlcrauon na ltsc ••ume sec urei ts}~ chi; Mortgagc_ <br />Borrawer shall have lht right tat'}tavC env pnwccdmg* t'~egwt hs ! ender to eidotu' Iha. Msrf gage d~teonumced at any trtn..~ <br />