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._... <br />i <br />` ~2-~iaC;2355 <br />Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgage insurance premiums in the <br />_ -manoerprovided under paragraph2hcreof. : <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall became additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower. and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof; and shall bear interest from the. <br />:dart of,disbttrsemenY at the. rate payable fmm time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law,. in which event such amounts shall bear interest. at tke highest rate <br />pertnisst~le under applicable law. Nothing contained in this paragraph 7 shall require Lendecto incur any expense or take <br />any action'hexeunderc <br />g. Inspection. ,`Lender may make 4r cause to be made reasonable entries upon and inspections of the Property, provided <br />..that Lender shall give Borrower notice prior ttl any such inspection specifying reasgnable cause Therefor. related'to Lender's <br />interest in the Property: <br />9. Condemnation. The proceeds of ary award or claim :for damages, direct or consequential; in connectioo- with any <br />condemnation or other taking of the Property, or part thereof, or tor. conveyance ir, lieu of condemnation; are herehyassigned <br />and shall be paid to Lender: <br />In the event of a total taking of the Property, the proceeds shall be appliefi to the sums secured by this Mortgage, <br />with the excess; if any, paid to Borrower. fn the event of a partial taking of the Property,. unless Borrower and Lender <br />otherwise agree in writing, theta shall be applied to the sums secured by this Mortgage such proportion oP the proceeds <br />as is equal: tathat proportion which the amount of the sums secured bythis-Mortgage immediately prior to the date of <br />taking bears to the fair matleef value of thePropertyimmediateiy pricer to the date of taking,. withthe haiance of the proceeds: <br />paid to .Borrower..: <br />If the Property is abandoned. by Borrower, er if, after notice by Lender to Borrower that the condemnor offers to make <br />an award'. orsettle 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. of Lender's option, either to restoration or repair of the <br />Property or to the'surns"secured by this Mortgage: <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postponethe due. date. of the monthl;~ installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Nat ltekased. 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 release, ia'any manner, <br />the liabiliryoftheoriginal Borrower and Borrower'ssuccessors in interestr Lender shallnotberequiredYocommence" <br />proceedings. against such'successor or refuse to extend time for paymen( or otherwise modify amortization of the: sums <br />secured by this Mortgage by reason of any demand made by3}ie ori¢inalBorrower and Borrower's successors im interest. <br />11. Forbearance(byLender Nol a:Waiver. Any forbearance by Lenderin exercising am,right orremedy hereunder, br <br />otherwise afforded by; applicable law; shall not be a waiver of or preclude tke exercise rof any such; right or remedy. <br />The procurement of,insurance or thepaymen[ ofaases or otherliens'orcharges by Lender shall notbe a waiver of Lender's <br />right toaccelerate thematurity of Iheindebtedness xecured;hy thisbfortgage, - <br />IL Retnediss,CtamalW~e. All remedies provided ih this Mortgage .are distinct and cumulative to any other. right or <br />remedy under this Mortgage orafforded'by aw orequity; and may Be exercised concurrently: independently or successivety. <br />i3. Soccttssors "ahd Assigns Bound; 'Joint and Several i,iability; Captions. Tfie covenants and _agreemen[s herein <br />• contained shall bind, and the-rightshereunder shall inure to, the-respective successors and assigns of Lender and Borrower, <br />subject to the provisions of pazagraph 17 hereof. All covenants and agreements of Borrowed shall be joint and several <br />The captions and: headings of'the'paragraphs' of this Mortgage are for convenience. only end` are not to he used to - <br />-interpreror define the provisions hereof. <br />14.' Notices Except for any notice required under applicable aw to be given in another manner; {a) any,notiee to <br />Bgrrower provided for in this Mortgage shalt be given by,maiting such-notice by certified mail addressed to Borrower at <br />the Property Address orat'such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lander shall be,given by certifiyd mail, rehtm receipt requested, to Lenders 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 [his <br />Mortgage hall be deemed to have been. given to Borrywer or Lendec when given in tfie manner designated fierein. <br />15. Uniform Mortstt;e; Governing Law; SeverabiBty. This form of mortgage combines uniformcovenants for national <br />nee and nqn-uniform covenants with limited variations by jurisdiction_zo constitute a uniform security instrument covering..: <br />real property. This Mortgage shall be governed by the lawbf the jurisdiction in which the Property is located. In the <br />event that any provision or clause of thisMortgage,or zhe Note conflicts with applicable law, such conflict shall not affect <br />other provisions of tbis Mortgage or the Notc which can be given effect without the conflicting provision; and, to this` <br />end the provisions of the Mortgage and'thc 'vote are declared to 6e severable. <br />1& Domower's Copy. 'Borrower shall be furnished a conformed copy of the Note. and. of this Mortgage at the time.- <br />of execution or after recordation hereoL <br />17. Tramfer of the Property; Assumption- 'If all ar any pare of the Property ~r an interest.Therein is sold or. transferred <br />by Borrower without Lender's; prior written consent,'excluding (a}' he ereation'oPa lien ar encumbrance subordinate to <br />this Mortgage; (b) the creationrof'a;purchase money: security:interese for household appliances, (c) a transfer by devvse, <br />descent or by operation of taw upon the. death oEajoint tenant or (d) the grant of apyaeaseholdin[erestof threeyears or Less <br />.not containing an:aption to. purchase, Lenrjermay;. at Lender'sopton, declareall theaums 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 IheProperty is to -be sold or transferred 7ea.chagreement in writing Ghat the credit of such person <br />is satisfactory to bender and that. the interest payable. on the sums secured by this Mortgage shall be at'such rate as Lender <br />...shalt request.. If Lender: has waived [he option [o accelerate provided. in this-paragraph 17, and if Borrower's successor in <br />interest has.executed a writtenassumption agreement accepted in writing by Lender, Lender. shall release.Borrower from all <br />a6ligations'under this Mortgage and the Note. <br />If Leader exercises such option. to accelerate,. Lender shall mail Borrower notice of acceleration in accordance with - <br />paragraph 14 hereof. Such notice shallprovtde a period of not less .than 30 days from the dateihe notice is mailed within <br />which Borrower may pay the sums declared due: 'lE Bonoever fails to pay such sums prior to the expiration of such period; <br />Lender may, without. further notice ar demand on. Borrower, invoke any remedies pertni[tedbyparagraph 18 hereof. <br />1v 07,'-IJNIFONM.~OVENANTS. BOlrtlwer and Lendef fnrtherCO~'Cnan[and agt'.ce aS fOIlOWS: <br />1g. Accekratiou; Remedies. Except as provided in paragraph t] hereof, upon $orrower's breach of any covenant br <br />agmment o[ Borrower in this,llortgage,indudiag the covenants to pay whendttc any sums secured'hythis Mortgage, <br />bender prior to accekratioo shag mat? notice ao Borrower as pravidedin,paragraph is hereofspecifying: (1}. the breach: <br />(2) the niian retptired;to care such breach; (3) a date, not Tess thad30 days from the. date the notice is mailed 4o Borrower, <br />by which such breatch mast be. tilted; and: {4) that: failure to cure such breach an ar :Irefnre the Gate .specified in the notice <br />may result in acceiuatian of the sotto secured by this 1lortgage, fareelosurc by judicial proceeding and sale o[ the Property. <br />The notice shall further inform Borrower of the right to rehistate after acceleration and the right !a assrrt in the foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower; to acceleration and foreclosure: ff the 6reaeh <br />is not cured on or Frefore thr date speciEed .n the narece, Lenderat Lender's option may declare all of thesums secured by <br />tint MoNeagc' fo be imtnediatelr due and. payable without fut{tter demand and may fareclosc by judicial proceediirg. fender <br />shall be entitled to 1-alicrt is such praceedinR aB expenses of foreclosure,. including, but not Lunited ttl, costs of dacomentat}' <br />cvldeacr, abstracts and tlik rrpurb: - <br />_ ~.4. srerro,fer'`fi Righl to ltelostatt, Notwithsfandtr:g:l:.enders acceleration of the sums stinted by this Mortgage. <br />Hortxacecr ehallhati~e the riglrreo have any pxaceedingsbr:gien try i;ender to ~nforcc this 4tcr:igai;c dtscern:inud a,. arty Cimc <br />