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~2.~-~~~~U r~~=; <br />Lender's written agreement or applicable law. Harrower shall pay the amrnmt of all mortgage iusurancc 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 additions! <br />indebtedness of Sorrocver secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon natice from [,ender to Borrower requesting payment thereof, and shall bear iMZresi from the <br />date of disbursement at the rate payable from time to time on atrtstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shad bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense o: take <br />any action hereunder. <br />8. 1'nspectfon. 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. C»ademnalion. The proceeds of any award or claim for damages. direct or c~nsequentiah in connection with any <br />condemnation or ocher taking of the Praperty. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />Cn the event of a total takin¢ of the Property, the proceeds shall he applied to the sums secured by this Mortgage, <br />with the excess, if any. paid to Borrawer. In the event of a partial taking .,f the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall he applied to the some secured by th~s Slortgage such proponion of the proceeds <br />as is equal to that proponion which the amount of the arms secured by this 'slorigage immediately prior to the date of <br />taking bears Eo the fair market value of the Property immediately prier to the date of t:.king. with the balance of the p[aceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after natice by L ender to Harrower that the condemner offers to make <br />an award or seYtfe a claim for damages, Borrower fails to respond to Lender within 3(Y days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, az Lender's option, either to restoration or repair of the <br />Property or to the sums secured h}' this Mortgage. <br />Unless Lender and Borrower otherwise agree in ~.vriting. am itch applicatian of proceeds to principal shall oat extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Fxiension of the trme for payment ar modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor ir. interest of Borrawer shalt oat operate to release, in any manner. <br />[he liability of the original Borrower and Borrower's successors in interest. ].ender shall oat he required to commence <br />proceedings against such successor or refuse to extend time for payment ar otherwise modify amortization of the sums <br />secured `_ :acs A"..arigage 6-r reason ... :demand made by the ori~ina! Borrower and Borrowers successors in interest. <br />11. Forbearance by Lender Not a Waiver. Anc forbearance he Lender in exercising any right or remedy hereunder, ar <br />otherwise afforded by applicahle law. .hall not he a waiver of ar preclude Phe exercise of any such right ar remedy. <br />The procurement of iasurancc or the payment of :aces or ether Irons or charges by Lender shall not he a waiver of Lenders <br />right to accelerate the maturity of the indebtedness secured by the '.9angagc. <br />12. Remedies Cumulative, All remedies prn•.ided ;n this Mortgage arc :iistinct and cumulative to env other right ar <br />remedy under this Martgage or afforded he law ;,r equity. and may tx reercised concurrent]}, indet~nu'ently ar successively. <br />t3. Successors and Assigns Bound; Soinf and Several Liablity: Captions. i'he ovenants nod 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 covenants :cost agreemems of Borrower shat! be ;pint and several. <br />The captious and headings of the paragraphs of this Mortgage are for conven;ence only ^nd are not to 6e used to <br />interpret or define the provisicac hereof. <br />td. Notice. Except for any notice required under applicable law u, be ¢iven in another manner, ia) any natice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by -certified mail addresed to Horrower at <br />the Praperty Address or at such ether address as Borrower may designate by notice to tinder as provided herein. and <br />(b) any notice to Lender shall be given by certiSed mad, return receipt requested, to Lender's address stated herein ..i io <br />such other address' as Lender may designate by notice to Borrower as provided herein. ,Any natice provided for in this <br />Mortgage shalt he deemed to have lien given to Borrower or Lender when given in the manner designated herein. <br />15. Dniform Mortgage; Governing I:aw; Severability. -i his corm of marteage combines unifarm covenants for national <br />use and pan-uniform covenants with limited variations by ;urisd~aion to constitute a uniform sccuriry instn,meni covering <br />real property. This Mortgage shall he governed by Yae law of the jurisdiction ir; which the Property is located. In the <br />event that am' provision or clause of this Mangagz „r the tiotz a;nflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Vate which can be e,vzn efTea without the conFlicting prmision. and to this <br />end the provisions of the Martgage and the Note are declared to he severable. <br />16. Borrower's Copy. Borrower shall be furnshrd a conformed cope of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of tbe Property; Assumption. If all or any part of the Property er art interest therein is said ar transferred <br />by Borrower without Lender's prior written consent. excluding cal the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) [he creation of a purchase money secun[y ~nrerest for hausehald appliances, (c) a transfer by devise. <br />descent or by aperation of law upan the death of a jaru tznam ar (dr the grant of any leasehold interest of three years or lass <br />not containing an option to purchase. Lender may, at l.ender~s option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option u, accelerate if, prior to the sate or transfer, Lender <br />and the person to whom the Property is to be sold or transferred mach agreement in writing that the credit of such person <br />is satisfactory to Cinder and the[ the interest payahlc on the amts secured by this ~4ortgage shall be at such rate as Lender <br />shall request. if Lender has waived the option to ^ctt.elzra[e provided ir. this paragraph ! 7, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by !_ender. Lender shall release Borrower from all <br />obligatians under this Mortgage and the Note. <br />Cf Lender exercises such option to accelerate. Lender shall mail Borrower natice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shalt provide a oesiod of oat less than 30 days from the date the uotsce is mailed within <br />which Borrower may pay the sums declared due. if Ronower furls w pay such sums poor u> the cspiratian of such period, <br />Lender map, without further notice or demand on Borrawer, invoke app remedies permitted tn~ paragraph ifi hereof. <br />Corr-t7YVtr^oaxi f:OVE\A:CTs. Borrower and i_cnder iunhcr eovenam and agree :,x ',oilc;ws: <br />t8. Acceleration; Remedies. Faeepf as provided en paragraph !7 hereof, upon Borrowers breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenruls iu pay w~re,~ ... .ecsr°~± by this Mortgage. <br />Lender prior to acceleration shall mail notice to Sorrower es prnvidrd in paragraph 14«hereof specifying: I1) the breach: <br />(Z) the action required to cure such breach; (3) a date, not 1es-s than 3d days from the date the notice Ss malted to Borrower, <br />by which such breach must be cured; and 6.1) that failure to cure Bach breach nn or before the date specified in tree notice <br />may msutt in acceleration of the sums secured by ehis Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />the notice shat) further inform Borrower of the eight ro reinstate after acceleration and t)ie eight to atisert lei the foreclosure <br />Ytoceediag the non-existence of a default or any other defense of Borrawer to acceleraton sad foreclosure. If the breach <br />iaa not cored on ar before the date speci&ad "e» Che Holier. 6e»der a! Lender's option n:ay declare all of the sums secured by <br />ihia. lklgRgage to be lm»trdiately due and payable without further dem:urd and may' feereclose by sudicial proceedt»g. Ixnder <br />shat! he rofitled to collect in suefi proceeding sil expeases aF force [osure, including, but not firnited to, costs of documentary <br />ovtdencc« abstracts and title reports. <br />19, Btxrowvrs Riplrt to Rriustate. '.atu-,hst::ndr+;;; t codzr'~ , r::raa o, the i nt5 a,, , ,d b} thi- A{or;gagc. <br />SCxrtrzwcr >'atl have the: rig}YE ra base ae.y , axc,diargs lx: gun !+~, f ceder ro ca:orcr ,I,is M r+[;.ot,c . s..c i;r,nu~..: it a •, ua,e <br />