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<br />82-t)G~~~4 <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 disburud by Lender pursuant to this paragraph 7, with interest thereon, shall become 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 />date of disbursement at the rate payable from time to time an outstanding principal under the Note unless payment of <br />interest at such rate would be contrart to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />- any action hereunder. <br />g. Inspection. Leoder may make or cause to bemade 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. Condemrmuon. 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, or for conveyance in lieu of condemnation, arc 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. 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 be applied to the sums recured 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 1_ender io 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 option, either to restoration or repair of the <br />- Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower othernise agree in writing, any such application of proceeds to principal shall not 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 modiftcation 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 by the original Borrower and Borrower's successors in interest. <br />11. Forbetrrauee by Lender Not a Waiver. An} forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />_ right to accelerate the maturity of the indebtedness secured by this btortgage. <br />12. Remedies Cumulative. Ail remedies 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 shall bind, and the rights hereunder shall inure to. the n~spective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph i1 hereof. All 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 oat to be used to <br />interpret or define the provisions hereof. - <br />• 14. Notice. Except for atn~ notice required under applicable law [o be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he given h}• 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 h}• certified mail, rearm receipt requested, to Lender's a~dress 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 ro 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 Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Vote are declared to be severable. <br />16. 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; Assumpuan. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior writteo consent, excluding (a) the creation of a lien or encumbrance subordinate [n <br />this Mortgage, (b) the creation of a purchase money securit}• interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of an}• 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 Mortgage shall be a[ such rate as Lender <br />shalt 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 6y Lender, Lender shat) release Borrower from al! <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 with <br />paragraph t4 hereof. Such notice shall provide a period of not Tess than 30 days from the date the notice is mailed within <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, witfiout further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nosy-UMF9RM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />l8. Acceleration; Remedies. Fsttpt as provided in paragraph i7 hereof, upon Borrower's breach of any covenant or <br />aQrtsmeat of BorrOW6r ill this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />leader prior is acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) tilt aetioo required to curt such breach; (3) a dale, nut lei than 30 days Erom the date the notice is mailed to Borrower, <br />hY which suc4 breach mast be cured; and (4) that faBure to cure such breach on or before the date specified in the notice <br />mq result le accdsra[loa of the sutas secured by this Mortgage, foreclosure 6y judicial proceeding and sale of the Property. <br />Tht awuce ahW farther infarm Borrower of the right to reinstate after acceleration and the rigbt to assert in the foreclosure <br />paocetdiag the nao-czitteuce of a default or any other defense of Borrower to acceleration and foreclosure. 7E the breach <br />i MA cured an or txforc the date sprrified in the :souse, fender at Constar's option may declare alt +f ibe sutras secured by <br />fhk Mort~e to bt itmediately Sae and payable without further demamf and map Foreclose by judr= . ptrocvedlrrg. lender <br />ahal/ be entitled to r:nliec! to Bach proceeding aU rxperrses of forcclosrure, inclusliog, but aot ilmited to, costs of docunu:atary <br />ariteACe, ahNracta aad title raporp. <br />14 Mlerrowser's Risht [n Ralesade. Notwithstanding L.endcr's acceleration of the sums secured b} this Mortgage, <br />Borrtarcr shat! ha4c the rifhi io have any proceedings htgurt by f-coder e. enforce chi. Morrguge diacoatinue-d at any rime <br />