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<br />82-tJU251'~ <br />Lender's written agreement or applicable law. Borrower"shall pay, the amounCofallmortgageinsurancepremiums inthe <br />manner provided under paragraph 2 hereof <br />Any amounts disbursed by Lender pursuant to rhis paragraph 7, .with interest°thereon,-shall become additional <br />indeb?edness of Borrower secured by this Mortgage. Unless Borrower and :Lender agree to other: tetmsof payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear. ihtere;t from the <br />date of disbursement at the rate payable from time ro time on outstandingprincipafurder the.N'ote unhss payment of <br />interest at such rate would he coritraryto applicable law, in whichevent such'amou>ttsshall beat interest at the highest rate <br />permissible under applicable law. Nothing contained inthis paragraph 7 sha117equire Lender to incur any expense or take <br />any action hereunder. <br />8. daspectbn. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any suctr`inspection specifying;7easonablecause therefor related to Lender's <br />interest in the Property. <br />9. Condentnatton. The proceeds of any .tweed or claim for damages, direct or consequential, in ronnection with any <br />condemnation or other taking of the Property, or part thereof, or forconveyancein lieuofconrietnnation, a~.rc hereby assigned <br />and shall he paid to Lender. <br />in the event of a total taking of the Property, the proceeds shalt be applied to the sums secured b}' this Merteage, <br />with the excess, if any; paid to Borrower:Tn the eveoY;of a partial. takinglof the Property, unless Borrower and Lender <br />otherwise agree in writing;. then shall be applied to the sums secured byithis Mortgage such propotion of the proceeds <br />as is equal to that proportion which the amount of the ums secured by this°Mortgage` immediately prior to the date of <br />taking Mars to the fair: market value of the Property immediately prier to the date of taking, with the balance o[ the proceeds <br />paid to Borrower <br />if the Property is abandoned ny Borrower. or if, after notice by Lender m Borrower that the condemnor offers to make <br />an award er settle a claim;for damages; Borrower faits to resented tq Lender within 3l)_days after the date such notice is <br />mailed. Lender is authorized to collect and apply, the proceeds: at Lender's option, either to restoration or repair of the <br />Property or to the sums secured bysthis.Morrgage.- <br />Unless Lender and Borrowenorherwiseagree in writing, any. such application of proceeds to principal shalt not extend <br />or postpone the due date of [he montMy installments referred to'inparagraphs F andl2.hereof'or change the amocnt of <br />such installments <br />le. Borrower Not Released. Extension of the time for payment or modification of amortization of the .unu secured <br />by this Mortgage grantedby Lenderto any successor in`interest'of Borrowershall noroperate to `release. in an~~ manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings: against such successor or refuse to extend"time for paymenror otherwise modify amortization ~~f the'sums <br />secured by this Mortgage;by reason of arty demand made by th'e original Borrower"and Borrower's atccesser~ in'interest. <br />1L Foebesnoceby:Lender:NotaWaiverAnyforDearanceby:Lendedin,exercisingany"right or remedyhereunder,or' <br />otherwise afforded by applicable law, shall not be a waiver of'or preclude the exercise of airy such .right or remedy. <br />The procurement of insurance orthepayment of taxes or other liens or charges by I:ender shall not be a waiver of L.en(ler's'- <br />right to accelerate the maturity of 4he indebtedness secured by This Mortgagee <br />12. Reetedia Cumnlatire. All remedies provided'in this Mortga¢e,are distinct and cumulative to any other righter.' <br />remedy under this Mortgage or afforded by Saw or equity„and maybe exercised coricurrently. independently prsuccessively.' <br />i3. Successors and Asslgtrs Bound; Joint and rSeveral i,iabt7ity: CapBons. The :covenants and agreements 'herein <br />contained shall': bind, and he rights hereundershall`irrure to, the respective successors and assigns of Lender and Aorrpwer, <br />subject to the provisions of paragraph 17 hereof. All covenants ahd 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 ordefine the. provisions hereof. <br />1~. Natke. Except for any notice required under applicable-law [e be given in another manner, fa) any notice to - <br />Borrower provided for iti this Mortgage sfiall_be given by mailing such :notice by certified mail addressed to'Borrower at- <br />the Property Address oc at such other address as liorrovver may designate '-y notice td hender'as provided herein and <br />(b) any notice to Lender shall be,given by certified'maiL return receipt requested, to L.ender's address stated herein-pr to <br />suchbtheraddress as Lender may:designate by notice to HorroweF as provided herein..=Any notice provided forinthis <br />Mortgage shall fie deemed'to havebeen gtven to Harrower or Lender when given in the. tn.nner designated herein. <br />1S. Uniform Mortgage; Governing Law; Sevenbility: 71tis form of mortgage combines eniform covenants for national <br />use and non-uniform covenants with limited variations byr jurisdiction to constitute a uniform security instrument rnvering <br />real property. ,This Mortgage shall be governed by the aw of the>jurisdiction in which the property is located, 1^ the <br />'event that any provision or clause of-this Mortgage or the Note conflicts with applicable law. such conflict shall not affect <br />other provisions of this Mortgage pr the Note which can be given effect without rlie conflie?ng provision, and to this <br />end the provisions of the Mortgage and the Note. are. declared tq be severable. <br />16. Borrower's Copy. Borrower shall be'furnished a conformed copy ,of me Note and of .this Mortgage at the time'-' <br />of execution or_after recordationbereof. <br />' 17. Transfer of tbe.'1'roperty;Assumption. If atl or any part ofthe Propertyor en interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, eitcluding (a) the creation of a Lien or encumbrance subordinate;t~i <br />this.Mortgage,:(h) the creation of apurchase money security interest for household appliances. (c) a transfer by devise. <br />descent or by operation of aw upon the death of a jointzenanz or <br />"Lender may, atLender's option, declareall thesurns securedby thisMortgage,to be <br />immediately due and payable. Lender shalt have waived such optrcn to accelerate if, prior to the sale or transfer,. Lender <br />and the person to whomthe Property is to be sold or: transferred reach agreement in writing that the credit of such-persor. <br />is satisfactory io Lender and tliartbe interest payable oa the sums secured by this Moregageshall be at such ?ate ac Lender <br />shall request. If Lender:has waived.the option xe accelerate provided in this paragraph 17, and-ifBorrower%successorir <br />interest has executed a written assump[ion,agreementaccepted in ivrrting by'.Lehder,Lender shall-release Borrower froma]i <br />obligations under thts Mortgage and the Note:. <br />If Leader eserctses'such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance. with <br />paragraph 11 hereof. Such r,oiice shall provide a periodof not Tess abort 30davs fromthe date thenoticais mailed within <br />which Borrower may pay the samsdeclared due. IfBorrower fails to pay such sums prior to the: expiration of such period. <br />Lender may, without further noi:cc or demand,on Borrowcr..invoke any remedies permitted hvparagraph 1$ hereof: <br />Nox-Li~tFOa~t Coveu.c:rs. BorrowerandLender further covenant and agree as follows: <br />18. Acceleration; Remedies. Except as provided in'paragrapha7 hereof,,upon:Borrower's. breachof any, covenantrur <br />agreement of Borrower in this Mortgage, including the:covenants (a pai~ when dueanysumssecured by this`14ortgage. <br />Lender prior to acceleration shall matt noticeto Borrower as provided in paragraph 14 hereoB.specifyingi Il) the breach; <br />(2) the action regtured to cure such breach; (3) a"date, not less than 30 class from the dale tfie notice is mailed`[a Borrower. <br />by which such Mexh must be cured; and (4):that faitureto cure such breach on or before the .date: specihedin the'noiiee <br />nuy result in acceleration of the sums secured6}' [his Mortgage. foreclosure by ludicia] praceeding:and sale ofahe Property. <br />The notice sha0 further inform Borrower of the right to reinstate after acceleration .cod the right toassertintlre foreclosure <br />proceeding the rwn-eacisterree of a default or any olher defense of Burrower to acceleraron and foreclosure.. If the breach <br />is not curcdan or before the date specified in [he notice, Lender at Lender's option may declare`allof thesums seae¢edby. <br />this Mortgage tolx immediately dueandpay>zole without further demand and muy foreclose bv'judicial proceeding. T,euder- : <br />shall be entnted_1o co8ect:in sueh.praceeding al[-expeasec of foreclosure, including, bornot limited [o, casts of documentary : <br />evidence, abstracts and tidereputts. ' <br />]9. Borrotirers ldighi to Reinstate. Notwiihs[anding bender's acceleration nt. the i,~m.: :.es;urvd by .rhis Mgrt2age.. <br />Borrower shat! have thetight to hayc:'any proceedings ha:gnn by I:ender toenforre !his Mxtgaga diacootitvned at any tiara <br />