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<br /> <br />Lendei s written agreement or agglicabie law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner gc'ovided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additionat <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 autstandirg principal under the ?aTOte unless payment of <br />interest at such rate would be contrary to applicable law, in wttie'ss event such amounts shall bear interest ai the highest rate <br />oermissdsle under applicable law. Nothing contained in this paragraph 1 shall require Lender to incur any expense or take <br />any accon hNseunder. <br />8. inspection. Lender may make or taros to be made reasonable entries upon and inspections of the Froperty. provided <br />that Lender shad grvx Horrowsr notice prior to any such inspection specifying reasonable cause t;tcrefor related to tenders <br />intermit in ttzz Pro~rfy. <br />~. Coariemarailon. `Ilse proceed€ of any award ar claim for damages, direct or consequential, in connection with any <br />cotxlemnation or other taking of the Property, ar part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />in the event of x tool Baking of the Property, the proceeds steal{ ~ applied to the cams secured by this Mortgage. <br />with the excess, if any, paid to Borrower. fn t."=e event of a partial taking of the Property, t:nless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums 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 Aortgage immediately prior to fhe date of <br />Yakins bears to the fait market value of Lhe Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />2f the Property is abandoned by Borcower. or if, after notice bg Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to tender within 3Q days after the date sash notice is <br />mailed, Lender is authorized to collect and apply the proceeds. at tender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />13nless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal. shall not extend <br />or postpone the due date of the monthly instatiments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />ill. Borrower flltrf Released. Exeension cf the time for payment or modification of amortization of the sums cured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shad not operate to release. in any manner, <br />the liability of the original Harrower and t3orraweis successors in interest. Linder shall not be regtdred to commence <br />proceeding against such successor or retiree to extend time for payment or otherwise modify amortization of the sums <br />secured by ibis Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />22. Forkearaeace by ixnder Nat a VYaiver. Any foebearance by Lender in exercising any right or remedy hereundtr, of <br />otherwise afforded by applicable law, shall not be a waiver at or preclude the exerise of any stick right or remedy. <br />°ftte 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 Mortgage. <br />le. Reatrediea C~ttaiallve. All remedies provided in this Mortgage are distinct and cumuixtive to any other right or <br />remedy under this Mortgage or affarced by law or equity, and may be exercised cancurrenity, independently or successively. <br />23. Successors end ri,SSlt;ns Bound; Joint aad Several i:iaba7€t_v; Captions, llta covenants and agreetxnts herein <br />contained shall bind, and the r'sghts hereunder shall inure to, the respective suc_^: aeon and assigns at Lander and iiarrowe., <br />subject to the provisions .,t ;saragraph l7 hereof. Ala covenants and agreemanis of Harrower shall be joint and several. <br />'t'he captions and headings of the paragraphs of this Mortgage are for rnnvenience only and are cot ht b'~ ~ to <br />interpref or de5ne the provisions hereof. <br />i~. AoHcs. Except for any notice required under applicable taw to be given in another manner, (a} any notice to <br />Borrower provided for in this Mortgage shall be given by malting such notice by certified mail addressed to Harrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b} say notice to Lender shall be given by certified malt, return receipt requested. to Lender's address stated. herein tx to <br />such other address as Lender may designate by notice to Harrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been gluon to Harrower or Tender when given in the ananner designated herein. <br />iS. liiaifornt ISiortgage; ~avernittg Law; Severabi!#y, 77cis form of mortgage combines uniform covenants for national <br />use and con-uniform covenants with limited variations by jurisdiction to consrirute s uniform security instrument cavzring <br />real groperiy. 'f7tis 3fertgage shall be governed by the law of the jar-sdiction 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 atTect <br />other provisions of this Mortgage er the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />26. Borrower's Cony. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of ex^cutian or after recordation hereof. <br />i'f. Trar>4.Fsr of the Property; Assump#ion. If all or any part of the Property or an interest therein is sold ar transferred <br />by Horrower without Lender's prior written consent, excluding (aI the creation of a lien or enettmbrance subardinatt to <br />this Mortgage, (b) the creation of a purcha_~e money security interest for hnusehoId appliances, (c} a transfer by ovine, <br />drscent or by operation of law upon the death of a joint tenant or (d3 the grant of any leasehold itcteresE of three years or less <br />naE containing an opton to purchase. Lender may, ai I_endei s option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lende€ shalt have waived such option to accelerate if, pt9ar to the sale or transfer. lxnder <br />and the person to whom the Property is to be sold ar transferred reach agreement in writing thae the credit of such person <br />is satisfat.'tary to Lender attd that the interest payable an the sums secured try this Mortgage shall ae at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's strccesaor in <br />interest has executed a written assnmptian agreement accented in writing by Lender, Lender shall release Borrower from ail <br />obligations under this Mortgage aad rite Nate. <br />if I.ersder exercises such option to ac~~}erate, Lender s=,a31 ma'cl Borrower notice of acceleration in accordance wish <br />paragraph la he:.,of. Such notice shall provide a period of ,,-,at less than 30 days from the date the notice is maned within <br />which Borrower may pay the satire declared due. if Borrower faits to pay such sums prior to the expiration of such period, <br />Lemur may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph 78 herto#. <br />Nuty-IINtFaxr.t Cava:rtpurs. Borrower and Lender further covenant and agree as follows: <br />18. Acs-ern; lBmnte°s. Ese~vi a4 previded is {~rsgr~§ i7 hereof, upon Borrowtr's Itreaeh of ~y coveaant or <br />ig.~__mr of Iflormwer ~ iHi~ 31°*~'~e= '.u._I~t;; the sttvs~n~ io ~y wlasn due cap sum stxxred tip i<"1orts. <br />J~eader prior its acceleration skaii neai2 n<atict io Horrower ~ provided in garagrap6 14 Hereof SReeiEyi~: (i} the kreaeH; <br />(2)` soc#iaa retiuia,<r] to t"saaarr s kreacH: 43) a date,. arot fires than 38 dogs from true dais t~ aotiee ffi 6o Borrower, <br />icy wftt€H cosh Hitese6 rt{ust tie cures-and (4) that faHarz to care such breach on Or 6e1!ors the bate arpeeilEeai Lt tks malice <br />may c~esait fie a trf the soots secured Hy ik~ Morlgsge, foreclitaaase by jndlelal pmceedit~ ~ earls ~ the Property. <br />'i'Hs~otice shah Em4~r Deifgrrrtr #arrower of tHE rigLtt to tei~tsie after at¢eterstiotc and the tit to art Hr tt~ fareetosure <br />prtaettedtisB tHs of a defaitalt or any oilier defense of Bt~awer to acceleration aad foreelosare. if tixe Hrieack <br />is aoS enaed pm oi: beftaae 8be dais arppct is tl~ atitiee, Lender ai I;R;amde¢'s trptlon Wray tlcelare eEl of eke auras ttecured 0y <br />_ tp iattaetsly tins gaga xrii~irt fnrtlier dttaaaa~ and tt~y #or+i~a:t~ by j~~ial ]Vender <br />sib lie end io eaoIIect in sack aB expettaas of firrecltxsnre, itrciaaHng, bat not liaadted to cods of documentary <br />svitAence, akdcacts anti title relaoats. <br />19: Boarower'a ~igkt to Rt3~ate. Notwithstanding i enders acceleration of the sums secured by this Mortgage, <br />H03rawer shall have tlae right 2a have any proceedings begun by Londe[ to enforce this Mortgage discontinued at any time <br />