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$4""i~u1054 <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, -suefi- <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear, interest from fhE' - - <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payttte+tt of -:- - <br />interest at such rate would be contrary io applicable law, in which event such amounts shall bear inkerest at the highest raft <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expetlsr_ortake- <br />any action hereunder. - <br />S. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prim to any such inspection specifying reasonable cause therefor related~~fo Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connecdon:wifh 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 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. Tn the event of a partial taking of the Property, unless Borrower: and-I;epdcr <br />otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion.ofthe procetda~ - <br />as is equal to that proportion which the amount of the sums soured by this Mortgage immediately -prior-to. the date-;tif.--- <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance-of the,proceed9- <br />paid to Borrower. ~ - <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofl`ela~to.make!-• <br />an 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 [o restoration or repair,,.of-the- - <br />Property or to the sums secured by this Mortgage. - <br />Unless Lender and Borrower otherwise ae nee in writing. any such application of proceeds to principal shalt not Extend;.. - <br />or postpone the due date of the monthly installments referred to in paragraphs ]and 2 hereof or change--the amount of -- <br />such installments. - - <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the.sumssecured <br />by this Mortgage granted by i.ender to any successor in interest of Harrower shall not operate to release, in any manner,. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commpnee: -- <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the autos. <br />secured by this Mortgage by reason of any demand made h}• the original Borrower and $orrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. •4ny forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be 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 p«wided in this Mortgage are distinct and cumulative [o any other right or <br />remedy under this Mortgage or afforded be law or equity, and may he exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound; Joint •and Several 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 cavenants 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 not to 6e used [o <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice reyvired 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 by notice to Lender as provided herein, and <br />(h} any notice to Lender shall he given hp certified mail, return receipt requested. to L.ender'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 4his <br />Mortgage shall he deemed to have been given to Borrower or Tender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shalt be governed by the law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage nr the Note conflicts with applicable law, such conflict shah not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end [he provisions of the Mortgage and the Note are declared to be severable. <br />16, Borrower's Copy. Borrower shat! 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; 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, excluding (a} the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b} the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by 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's 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 on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request If Lender 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 I-ender. I-ender shall release Borrower from ail <br />obligation under this Mortgage and the No[e. <br />1f Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 daps from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior «+ the expiration of such period. <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1,C' hereof. <br />Nox-UNtt=oant Covetvnnis. Borrower xnd Lender further covenant and agree as lollows: <br />18. Accelerat[on; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due anp sums secured by thi: Mortgage, <br />Lender pr[or to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the nation required to wre such breach; (3) a dale, not less Htan 30 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and !4) that failure to cure such breach on or before the date specified in the notice <br />may result in acceleration of the sums secured by this ~lorlgaQe, foreclosure by judicial proceeding and sale of the Yropert}'. <br />The ootlce shall further inform Borrower of the right to reiuslalr after acceleration and the right to assert in the foreclosure <br />proctedirte the non-existence of a default or any other defense of Borrower to acceleration and [oredusure. If the breach <br />is not Gored on or before /he dale specified in the notice, Lender at Lender's option may dedore all of the sums secured by <br />thin Mortttage to be [mmed[alety due and payable wifiwtl further demand and may fnredose 6y judicial proceeding. Lender <br />shah 6e entigrd to collect in such proceeding all expenses of kneclosure, including, bat oat limited to, cos7s of Jocmnentary <br />evldencc, ahstracts and title reports. <br />19. dwrowers RIRbI to Reinstate, Ncxwithslandmg i. endtr's ~+ccelerauon i,t the sums secured by chic 'vtorfgage. <br />Bouower shall have the right 4o havC any proceedings ixgwt by !_endet iu enfaree this Mortgage ilCs~ontinued at an} «mc <br />