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°s°'_ 1 ~ t~ t) ~ r <br />Lender's written agreement or applicable law. Borrower shall pay the amount of ail mortgage 'insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Atry amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shat[ become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts ahall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from 4he <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unlvsss payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interes4 at the highest rate <br />permissible under applicable taw, Nothing contained in this paragraph ~ shalt require Lender to incur any expense or take <br />any action hereunder <br />S. Inspection. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lendershall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnatbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />sondemnation or ether 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, i# any, paid to Borrower. in [he event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage st[ch proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior io the date of <br />taking bears to the fair market value of the Property immediately prior in the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Praperty is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers 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 optian. either to restoration or repair of the <br />Property or to the runts secured 67 this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to prncipzl shalt not extend <br />or postpone the due dais of fhe monthly installments referred to in paragraphs I and Z hereof or change the amount of <br />such installments. <br />10, Borrower Not Released. Extension of the time far 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. i,ender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or 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. Forhearantt by bender !`let a "river. Any forbearance by i,ender in exercising env right or remedy hereunder, or <br />otherwise afforded by applicable law, shall net he a waiver of or preclude [he exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shall not be a waiver of i_ender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Retnedies Cnmofatre. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equiry.:md may be exercised concurrently, independently nr s[eccessively. <br />13a Successors and Assigns Bound; Joint and Several 1.iabilIty; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shalt 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 In <br />interpret or define the provisions hereof. <br />14. Notice. Except For any notice required under applicable law [o be given in another manner, ia} any notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at <br />the Praperty Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice [o Lender shall be given b}' certified mail, return receipt requested, to i..ender's address stated herein or to <br />such other address as Lender may designate by notice to Borower as provided herein. Any notice provided for in this <br />Mortgage shal6 be deemed to have been given to Harrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. Thfs form of mortgage combines uniform covenants for national <br />use and non-uniform covenants wiW limited variations 6y jurisdiction to constitute a unifomt security instrument coveting <br />real property. This Mortgage shall be gov,:rned by the law of the jurisdiction in which the Property is located. do the <br />evens [hat any provision or clause of this Mortgage or the Nnte conflicts wiffi applicable law, such coo(Sict shah not affect <br />other provisions of this Mortgage or [he Nate which can be given otter[ without the conflicting provision. and to this <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />25. Borrower`s Copy. Borrower shalt be 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 fhe 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 ta} the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, tc) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or id) the grant of any leasehold interest of three years or less <br />not containing. an option to parehase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable_ Lender shalt have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Properey is ro be sold or transferred reach agreement in writing chat the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage steal[ be at such rate as Lender <br />shall request. tf 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 Lender, Lender shall eelease Borrower from all <br />ahligatioas under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mat] Borrower notice of acceleration in accordance with <br />patagmph 14 hereof. Such notice shall provide a period of not Less than 30 days from the date the notice is mailed within <br />which Borrawer may pay the sums declared due. ]f Boaower fails to pay such sums prior to the expiration of such pericxl, <br />Lender may, without futYber notice ar demand on Borrower, invoke any remedies permitted by paragraph 1 B hereof. <br />Nazi-UNiFOavt Covaxentrs. Borrower and Lender further covenant and agree as follows: <br />1& Acceieratii+n; Rercettles. Iscepi as pre.-ided In paragrap>: t? hereo*, upon Borrower's breach of any covenant ar <br />i~reement of Harrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Leader prier is arcelerafina shag mad notice to forrower t+s provided in paragraph I3 hereof. specifying: tl) the breach; <br />f2f action mluireai to care such breach; (31 a date, not Less than 36 days from the date the notice is mailed to Borrower, <br />by which sveh breach mtasl he cured; aad t4) that foliate to cure such breach an ar before the date specified its the notice <br />may remit in aceeleratioo of fhe sutra secured b9~ this ~iorfgage, foreclosure by judicial proceeding and sate of the Praperty. <br />the notice shag fwlher haform Harrower of the right to reinstate after acttiesatiun and the right to assert in the foreclosure <br />proceeding the sron-existence of a default or any athoc deftase of Borrawer to aeseieratlon and farcclnsaie. ff thr„ breach <br />is not cured as or before the date specified is the notice, i.cnder at Lenders optian may declass alt of the cams secured by <br />ti+in l4iacikage to be immediately. due and payable withant farther demand and may forecfxese by jtxlicial praceedettg. Lender <br />s1w1Y• he eatiikd to caBea-Y. rn sack pmeeedIag a[4 expenses of foreslo+:are, inelading, but nai limped to. casts of da>»cnmentarS~ <br />evnienee, saLhsttrmcts and title reports. <br />i9~. Hortower"a Right t<r Relostate. Notwithstanding 1-ender'n acceleration zf ?hs surrrs sscured by th s Mortgaf;a, <br />Bazrower $}taii )eavx: fine right tc+ have any pr<k:esdings tn;gua by L.errdcr ta'r entc>ree this Martgags 4>iscantinur,~! at any time <br />