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<br />84---.,-u? 090 <br />I end.: ~. •n e;...:. ,:prrrment of .q+ph::blc law. liner<+wer shall pay the amnnN of all nu+rtuage insurance prenvuntc m the <br />m:mnrr p!ov:dc.l unJcr par;!g!aph '_ hereof. <br />~m amou^ts Jist+uncd by Lender pursuant to this paragraph 7, wnh interest thereon shall become additional <br />uulrh!cdnr,; tit Itorrowrr ,ceured by :hi, Mon;_age. 1'niess Bnrrnu•cr and I ender agree [n other terms n( payment, such <br />-!mounts shall I+c pavahh• upon notice from Lender to Borrower rcyuesting payment thereof. and shall hear interest from the <br />dote of diehurcement at the rate pa}'ahlc from time to time on outstanding principal under the Nnte unless payment of <br />interest at such race would be c+:ntrar~ to applicahlc hew, in which event such amounts shall bear interest at the highest rate <br />pennissihle under ::pplicafilc tau Nothing contained in !his pargraph 7 shall require [..ender to incur any expense or take <br />:mv action hereunder. <br />8. Inspection. Lender mar make nr cause to he made reasonahle entries upon and inspections of the Property, provided <br />that Lender ,hall give borrower notice prior to anv such inspection specifying reasonable canoe Therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The pnxeeds of env award or claim for damages, direct or cnneequential. in connection with any <br />antdemn:dinn nr other taking of the Prnpern•. or part thereof. or for conveyance in lieu of condemnation. are hereby assigned <br />:net .hall he na:J to Lender. <br />In the event nl a loud caking of the Properly. rho proceeds shall fie applied to the sums secured by this Mortgage. <br />++ith the c.a•,,. if ant. n,uJ !~~ forrnwer. In the event of a partial taking of the Property, unless Bcttrnwer and lender <br />+a herwice agree in writing, there shall he applieJ to the cams secure) by this Mortgage such proportion of the proceeds <br />as is ryuul so !hat prnporinn +whieh the amount of the sums secured h}' thk Mortgage immediately prior In the date of <br />taking bears to the fair market ,aloe of the Pn,pern immediately prior m the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />if the Property is ,:handmtcd by Burrower. nr if. after notice hp Lender to Borrower that the condemnor offers to make <br />;m award nr settle a claim for damages. Borrower fails in respond ro Lender within 30 clays after the date such notice is <br />mailed, Lender is authori'red to collect and apply rho proceeds, at Lender's option, either to restoration or repair of the <br />Property nr to the sums tie vred by this Ainngage. <br />1'nlcs, I ender and Born,+vcr othcr.v!,+• agree in writing. any such opplicatinn of proceeds to principal shag not extend <br />nr postpone the Jue date of the mnnthh• installments re(crrcd to in paragraphs i and 2 hemof or change the amount of <br />arch installments. <br />10. Borrower Nnl Released. Fxtensinn of the time For p:rvment nr modification of amortization of the sums secured <br />by this Mnrtgagc• granted by Lender to anv successor in intoreet of Rorrnwer shall not operate to release. in any manner. <br />the liahiliry• of the original Burrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceeJings against v!ch successor ++r refuse to emend time for payment ur otherwise modify amortization of the sums <br />scau~ed h} this Mortgage M- reason of .utp Jemand made by the original Rorrnwer and Borrowers successors in interest. <br />1 L Forbearance by Lender Not a Waiter. anv forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise :dFnrded by applicable law, shall not he :: udiver nF or preclude the exercise of anv such right or remedy. <br />The procurement of insurance or the payment of t:xr, ++r ether liens or charges by (ender shall not he a waiver of Lender's <br />right to accelerate the matnritc of the ~nJrhtednr" ~.•cr,~rd h+ rftis Mortgage. <br />72. Remedies Cunndalive. All rcnuJies pro. ided ~n ti,is Mart e:tge :ve distinct and cumulative to any other right or <br />remedy under this Mongagc rn n(Forded he tau nr eyoin..~nJ mac ha cserci,ad coneurrenttt. indepandentlp or successively. <br />73. Successors and :VSSii!ns Bound: .loint and Several Liabilih~: t'ap[ions. The covenants and agreements herein <br />contained shall hind- and the righu hereunder shall inure to. the respcctit-c s!cecssars and assigns of 1_endu and Borrower, <br />subject to the provisions nP paragraph 17 hereof. :All toven;uus and agreements n( Borrower shall be joint and several. <br />The captions .rod headings of the parncruph± of this ?`lnrtgxge are for convenience onl}' and are not ro be used to <br />interpret ur define the prnvisiom hero+f. <br />14, Notice. Except ter ant notice rcyuired under ,rpplie,hle tau to be ^_iven in another manner. fa) any notice-,IU. <br />Borrower provided for :n this M1lorteaec hall he en en by marring such notice hp certified mail addressed to Borrower at <br />the Pmpery Address or at such other .ridress .:, &+rnns cr may devgnate by notice to Lender as provided herein: and <br />!h) any nonce to Lender ,hall he e~ n by cut:fied n;;ul. return recn;~! requested, to Lender's address crated herein or to <br />such other address as Lender mac eiesignate hs n~aice m Bnrmuer as prnndcJ herein. Any notice provided for in this <br />Mortgage shall be dec•mcd to have been given m Bon~uw er or i ender when g:cen in the manner designated herein. <br />7S. Uniform DlortgaGC; Gos erning Law: Seterobilih~. this form of nutrtgagc cmnfiincs uniform covenants for national <br />use and non-uniform cotenants ~+hh limite.i +,:raunns hr rrcixliction In cnn,unuc a uniform security instrument covering <br />real prupeny. This Morgage ,hall he goverocd h}' the Ian' of the t!viadiction in which [he Property is located. in the <br />:.vent thet anv pmvrih,n or dsu,e ~~l ~hi~ ~Inngage .~r the Votc esmr1i;h uirfi applicahlc law. such conflict shall not affect <br />other provision> +d this Menguer or the Ante which can 6e given e'fcet without the conflicting provision. and to this <br />end the provisions of the Mortgage and the 's'ole are declared to he severable. <br />16, Borrower's Copy. Borrnwar ,hall he furai,hed a a,nformed espy of the Note unJ of this Mortgage at the time <br />of execution ur after recordation hereof. <br />17. Transfer of the Property; Assumption. I( all or any part of the Property or an interest therein i+ sold or transferred <br />by Borrower without Lender's prior written consent. ccdudine tat the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h) the creation of a purchase money security mrerest for household appliances, Ic) a transfer 6y devise, <br />descent w by operation of Tau upon the death of a joint renani or <br />Lender may, a[ Lenders 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 ro whom the Property is m he sot) or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that [he interest payable on the sums secured by :his Mortgage shall he at such rate as Lender <br />shalt request. If Lender has waived the option to aceelerue provide) in this paragraph I7. and if Borrower's successor in <br />interest has executed a taritten assumption agreement accepted in writing fiy bender. I-ender shall release bvrrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower not!ce of acceleration in accordance with <br />paragraph 1J hereof. Such notice shall provide :: pennd of not less than 30 daps from the data the notice is mailed within <br />which Borrower may pay the sums declared due. ti Borrower fails m pay such sums prior to the expiration of such period, <br />Lender may. without further notice ar Jemand un Borrower, invoke any remedies permitted by paragraph I8 hereof. <br />NoN-1JNIFORSt COVENdNrs. Borrower and Lender further covenant and agree as follows: <br />18. Accekralion; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in Ibis Mortgaf;e, includittg the cotenants to pay when due eny sums secured 6y this Mortgage, <br />Leader prior to arceltra[ion shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (Q the breach; <br />(Z) the action required to cure such breach; 13) a date, not less than 3p days from the date the notice is mailed to Bormweq <br />by wlticb such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />may 7aa1[ in acceleration of the sane secured by This Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The notice shall farther inform Borrower of the right to reinstate after acceleration and the right to assets in the foreclosure <br />proceedhgl the noarxfstence of a defauB or any other defense of Borrower to acce{eration and foreclosure, [f the breach <br />is oat. raced on or before file dale specified in the notice, Lender al L.ender's option may declare all of the sums secured by <br />this Mortgage to fx immedia/rty due and payable without further demand and may foreclose by judicial proeeedirtg, [.ender <br />shall ire entitled to collect in sorb proceeding all expenses of hrreelrKUre, including, but not IimiteA lu, costa of docunwnlary <br />eridaoce, abstracts and title reports: <br />Aq. Borrower's Right to Reiralate. Nonvuhsc~ndmg Lenderi ;w~alr-r.~uon of rho ,ums cciued b} this Mortgage. <br />Bcrtr>wcr shalt have Sha right an hove any prttetiJing, begun h} 1 ender to rnI<>rce the Mortgage dtsaaumved :n am} utne <br />