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r <br />$4 . G020~8 <br />Lender's wrntan agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provida:J under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become addHional <br />~ndehtednes of Borrower secured by this Mortgage. l,nless Borrower and Lender agree to other terms of paymetif. streh, <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear interest from the <br />date of Jistxusement at the rate payable from time to time on outstanding principal under the No[e unless payment of <br />interest at such rate would be contrary to applicable law. in which event such amounts shag bear interest at the highest rite <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any explnst°or fate <br />any action hereunder. <br />g. InspecHow. (.ender may make or cause to be made reasonable entries upon and inspections of the Property. providtid <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor-related toLender's- <br />interest in the Property. - <br />9. Condemmtbn, 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. arc hereby assigned <br />anJ shall be paid to Lender. <br />Tn the event of a total taking of the Property. the proceeds chaff be applied to the sums secured by this MOtigaee: <br />with the ezcc<s. if anv. paid n, Borrower- In the event of a partial taking of the Property, unless Borrower artd'Lendter- <br />otherwise agrce in writing, there shall be applied to the sums secured by this Mortgage sneh proportion of'the~-proceeds <br />as is equal [o that proportion which the amount of the sums secured by this Mortgage immediately prior to-fire"dtftE of- <br />taking beard to the fair market value of the Property immediately prior to the date of taking, with the balance of-the praeeetls <br />paid to Borrower. <br />if the Property is ahandoned by Borrower or if. after notice by Lender to Borrower that the condemnor olfefaYO-mate^ <br />an award or settle a claim for damages, Borrower fails to respond m Lender within 30 days after the date itxh'notice is <br />mailed. Lender is authorized to collect and apply the proceeds. at [xnder's option. either to restoration or repair of ~tltt_ <br />Property or to the sums secured by this Mon¢age. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shell-not extend` <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the ammrM-Of- <br />arch 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 rcleax. in any manrter: <br />the liability of the original Borrower and Borrower's successors in interest. Lender shat) not be required to commence - <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the atmri <br />secured by this Mortgage by reason of ,toy demand made by the original Borrower and Borrowers successors in interest. <br />11. Forbearantt by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall rant he a waiver of ur preclude the exercise of anV such right or remedy. <br />The procuremem 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 ~ndehtednecs seeureJ by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mort¢aee are distinct and cumulative to any other right or. <br />remedy under this Mortgage or afforded by law or equitc, and may he exercised concurrently. independently or successively. <br />17. Srecessors and AssiRrts Bound: Joint and Several I.iabFlily; Captions. The covenants and agreements herein <br />containeJ shall hind, 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 shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />td. Noliee. Exttpt for an}• notice required under applicable law to fie given in another manner. (a) any notite_to <br />Borrower provided for in this Morteage shall he given by mailing such notice by certified mail addressed to Borrower at <br />the Property .Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Linder shall he given by xrtifieJ mad. return receipt requested, to Lender's address stated bercin or to <br />such other address as Lender ma}~ designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have keen given to Borrower or Lender when green in the manner designated herein, <br />15. Uniforrw Mortsaee; Governing Law; SeverabNity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with IimiteJ aanations by jurisdiction to constitute a uniform security instrument coveting <br />real properq•. This Mortgage shall be governed M~ ;he law of the jurisdiction in which the Property is located. in the <br />event that any provision or clause of this Mortgage r~r the Note conflicts with applicable law, such conflict shall not affect <br />other provrsions of this Mortgage or the Vote whrch can he given affect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the emote are Declared to be severable. <br />16. Borrower's Copy. Borrower ,hall he furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />l7. Transfer of Ibe Property; Assumptloe. If all or an} part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding ta) the creation of a lien or encumbrance subordinate to <br />this Mortgage, fbl 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 )uutt tenant ur ' ' <br />Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waned Bach option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Property is to be sold ur transferred reach agreement in writing that the credit of such person <br />is satisfactory [o Lender and that the interest payable nn the sums secured by this Mortgage shall be at such rate as Lender <br />shall request, If Lender has waived the option tr accelerate provided m this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by LenJer. Lender shall release Borrower from all <br />obligations under this Mortgage and the Vote. <br />If Lender exercises such option to accelerate. LenJer shell mail Borrower notice of acceleration in accordance with <br />paragraph ld hereof. Such notice chali provide a penod of dot less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. It Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender may. without further nonce or Demand tin Borrower. invoke any remedies permuted by paragraph I8 hereof. <br />Nore-UNIFORM Cover+evrs. Borrower and i-ender further covenant and agree as follows: <br />10. Accekratioe; Remeditx .Except as provided is paragraph 17 hereof, upon Borrower's breach of any covenant or <br />asraeseat of Borrower le this Mory{age, including the covenants to pay when due any sums secured by this 11ortgttge, <br />leader prior to accekrwan shall mail notice to Borrower as provided in paragraph 14 hereof specifyinS: (1) the breach: <br />(1- lbe actiae required to cum such breach; 131 a date, not less than JO days from the date the notitt is maBed to Borrower. <br />by wbicb such breach must he cured: and (i) that failure to cure such breach on or before the date specified in the aotke <br />may result 1a acceleration of the sums secured by this ~lort)taae, foreclosure by judicial procredieg and sale of the Property. <br />Tba adke shah ttutber inform borrower o[ the right to rcittslate after acceleration and the right to assert in the forceMsure <br />proceedlp the iron-existence of a defwll or any other defense of Borrower to acttkration and foreclosure. If the breach <br />is not cared on or before the date specified is rbe notice, lender at Lender's aption may declare a0 of the sums secured 6y <br />ibis Mnrl~(e to fit immedlelely dire and pay'abk without further demand and rosy Foreclose by judicial proceeditts. Lender <br />shall be ealitkd to ro0ert in sneh proveedlal; all ezprnses of Foreclasurr, iacluditrg, but not Ihniled to, rusts of documentary <br />evidence, abstracts and tole reports, <br />19. Borrower's RIyM to Reiustale. Vr=tw~thsiandurg I endcrb ..c:ekrat~nn ,,i the .um: eecured hs thrs Mot [gage. <br />Born,w.r shaft have the tigb( k~ have ane prvicecdrngs Megan ; ; 1 ender !~ aritor.e this hlurrgagc Jra. ont;nueJ .rt an; pure <br />