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r <br />82 -- t; t1'1 ii `i <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest [hereon, shall became additional <br />indebtedness of Borrower secured by this Mortgage. Unless Horcower 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 />dace of disbursement at the rate payable from 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 the highest rate <br />petmisstble under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />soy action hereunder. <br />8. Inspection. 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 such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Cotrdemnatfon. 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. nr for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the even[ of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. in the event of a partial taking of the Property, unless Borrower and -Lender <br />otherwise agree in writing, there shall he applied to the cams secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Aorrower 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 option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds [o principal shall no[ 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. 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, in-any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he 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 6y the arigimal Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy-hereunder. or <br />otherwise afforded by ap ticable law, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The-ptp4vr~tt~nt'a~'ii sBr~iS~~ ott'1{te ~tayment of taxes or ether liens or charges by Lender shall oat be a waiver of Lender's <br />right tq~acceleratdthE`rt~atiftrt~'tof ih mdeb[edness secured by this Mortgage. <br />12?t #~=G?_~emedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law ar equity. and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability: Captions. The covenants and agreements herein <br />contained shat! bind, and the rights hereunder shall 'more to, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. .411 covenants and agreements of Borrower shall be_ join[ 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 [he provisions hereof. <br />14.. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to <br />Borrower provided for in this Mortgage shall be 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 Lender shall be given by certified mail. return receipt requested, to Lender's 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 this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. in 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 or the Nore which can he given effect withvut the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />1G Borrower's Copy. Borrower shall he 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 the 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 (a} the creation of a lien ar encumbrance subordinate to <br />[his Mortgage, (b) the creation of a purchase money security interest for household appliances. (c) a transfer b}' devise, <br />descent or by operation of ]aw 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 purchase. Lender may, at Lender's option, declare all the sums 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 the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this b1ortgage shall be a[ such rate as Lender <br />shall request Tf Lendei has waived the option [e accelerate provided in this paragraph 1?, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance whit <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date fhe notice is mailed rvithin <br />which Borrower may pay the sums-declared due. If Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph 1 K hereof. <br />Nox-UNteoart Covevaetrs. Borrower and Lender further covenam and agree as follows: <br />-_ 18.. Asederatioa; Rsreedies. Excepl.as provided in.paragraph.l7 hereof, upon BorrowePs breach of any covenant or <br />a~eetaeot aE Borrower is this itlortgags, including :be covenants to pay when. due any sums secured by this Mortgage, <br />herder pt3or to scceleratiou shall mail aotke to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) tfm act re~tdned.to spro each breach; (3) s dais, not less than 30 days from the date the noiire Lc mailed to Borrower, <br />by which such brracfe miter be cored) and f4) that fafiure to core such breach on or before the date specified in the notice <br />oYpy ream[ in acsektaffon of fhe sums secured by this Mortgage, foreclosure by judicial proceeding and sak od the Properly. <br />Ttx aetiic~ shaLL ftrrther iofsrrm. Bonxfwer of the right to reinstate after aeeeieration and the right to assert in the foreclasare <br />procesd~. fhe iroa.ssbteace of a default ar any other defense of Borrower to acceleration and foreclosure. If the breach <br />is a~ cured oa- nr before. titre dais specified in the notice, Leader ai bender's option may declare aIi of rite stmts secured by <br />IAiI Mme do 6e lr+liatsly doe sad payable without furlher demand and ntay foreclose by jexii trroceedltiR. Lender <br />s1hB bo atltNled.to eo1MRf-ta sueb praessdltag ail expenses of foreclosure, including, brat not Simited ter, ...»ts of documenttuy <br />rtrlda>Iace; a),wstrae4 aad,.!(Rk reports. <br />1!. lA4urower's f to )aiw Notwithstatrding 1-cttder's acceleration of the ;urns secured hs this Mortgage, <br />Bcrrhtwer shah have the rigfii to haves nay pror:eedings ire-gun try t_rrrdcr 0.x ru farce this Mortgage discontinued at any nme <br />