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<br /> <br />Lendei s written agreement or applicable law. Borrower shat! 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 thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. lJnless 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 fmm the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Nate unless payment of <br />interest at such rate would oe contrary to applicable taw, in which event such amounts shah bear inttrtst at the highest rate <br />perttvsaiblt under applicable law. Nothin¢ contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hem»nder. <br />S. Inspection. Lender may make or cause to be made reasonable entries upon and inspecticns 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 />~. ~ondemastion. 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 past thereof, or far conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lander. <br />In the event of a tarot 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. 1n the event of a partial taking of the Ftoperty. unless 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 Mortgage immediately prior to the date of <br />retina bears to the fair market value of the Property immediately prior to the date of takine. wieh the balance of the proceeds <br />paid to Borrower. <br />If Eire Property is abandoned by Bartower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to eaBect and apply the pra~eeds, at Candor's option. either to restoration ar repair of the <br />Property or Lo the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such appticaticn of proceeds to principal shalt not extend <br />or gastpone She due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the atnourit of <br />such installtents. <br />it2. Borrower Not Released. Extension of the time for paytrtent or modification of amortization of the sums Secured <br />by ±his Mortgage granted by Leader 4e any successor in interest of Borrower shall hat operate to release, in any manrttr, <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 ar refuse to extend time for payment or otherwise modify amortization of the sums <br />soured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />31. Forlrtaranct by Lender Not a Waiver. Arty Forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be 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 trans or charges by Lender shag not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies C®relative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be exercised concurrently, independently ar successively. <br />13. Saccessttr,- and Assigns Boaad; 3oint and Several LlablBty; Capthrns. Tate covenants and agreetnentS he•=gin <br />contained shall bind, and the rights hereuneer sl`a11 inure to, t'ne respective su...essors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph i7 hereof. All wvenants and agreements of Borrower shall be faint sad c„everai. <br />Tile. captions and headings of the paragraphs of this Mortgage are far camcnience only and are net to be used to <br />interpret or de5ne the provisions hcret.~f. <br />14. Notice, Bxcept for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borcower provided for in this Mortgage shall be given by mailing such notice by certified matt addressed to Barroveer at <br />the PmperYy Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(bi any notice to Lender shall be given by certified mail, return receipt requasttd. to Lender's address stated herein ar to <br />such other address as Lender may designate by notice to Bartower as provided herein. Ray notice provided for in this <br />Ma*.tgage shall l~ deemed xa have been given to Borower or Lender when given in the manner designated herein. <br />13. Ueifora 141ortgagfl Governhtg Law; Severabtlity. This form of mortgage combiru~ uniform covenants for national <br />use and non-uniform cove-,ants whit limited variations by jurisdiction to constitute a unifottn security instrument coveting <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located, In 9u <br />rvent that any provision ar clause of this Mortgage or the ]`rote conflicts with applicable law, such conflict shalt hat affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting pro>•asinn, and to this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />16. Borrower's 4'.om~. Borrower shall 6e furnished a conformed copy of the Note and of this Mortgage aL the time <br />of executicn ar after ruordation hereof. <br />17. Tzars$fcr of the Property; Assumption. If alt or any part of the Property or an interest therein is Bald or transferred <br />by Borrower without Lender's prior written Consent, excluding {a) Lhe ctratfon of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or {d) the grant of any leasehold interest of three years or Irss <br />not containing an option to curcltase, Lender may, at Lender's option. declare all the sums secut•ad by ibis Mortgage to be <br />immediately due and pa}able. Lender shall have waived such ogtian to accelerate if, prior to the =_ale ar transfer, Leader <br />and the person to wham the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />rs satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such raft as Lender <br />shall request. if Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />intetesst has executed a written assumption agreement accepted in writing by Lender, Lender shall release Barrawtr Pram all <br />obl'sgations under this Mortgage and the Note. <br />If I.ettdet exercises snail option to accelerate, Lender shalt mail Borrower notice of acceleration in acwrdattce with <br />paragraph It ballot. Such notice shall provide a period of hat less than 30 days from the date the notice is mat'!ed within <br />w°hieh Borrower may pay the sums declared due. if Borrower faits ro pay such sums prior to the expiration of shah period, <br />Leader may, without further notice or demand on Harrower, invoke any remedies permitted by paragraph Ig het'eaf. <br />Nowt-UrrtPartt s t:,otrExax~rs. Borrower and Lender further covenant and agree as follows: <br />18. A€cderra; Remedies. Fscept a$ ptrtvidcd €a paragraph t? bereoE, ~a Borrower's breach of any coveaae! ~ <br />as_~mweF tzf tl~rrawer ea t~ M+}'-"fie, ieelu~aB tbe eoveaauts to pay wltea :~ arty s~+_~ Sccarcd by !~€ Morse:. <br />Ls~Ir+r pr~r to aee>a resit notke m Btrrrnwer ~ provided le paragraph 14 hereof ~ (t} ~ breach; <br />{3} tAe aef regtdred to care tareaci; f3) a date, sot ~ time 3o days-from tie date the a9tlce fa tootled to Borrower. <br />try whief. tech bret~h ritual Qe cared; and f4k fiat faBure to cme stuff breach og or beftue the date specified fn live malice <br />mtp rea>;+it in acede¢atfaa of the sans ~eercd iy t63s Modga~e, [trrccl~rtre by jodiciat pmcecdiag sad- sate of tie Property. <br />'Yha ao~t sly fattier iafaeae $artawer ~ tie r~ltt to rr.~tatc offer accelcrs~n sad tie tigght to assert ~ tie forecksure <br />proeestdbrag tic ~~ a€ a defaait er any -Drier defe~e of Borro9er to aeceleratioo ;tad forcclosare. if tIx breach <br />is sot rated oa or bef~s the date spxr~ed ig tl!u aatlse,.Lcadcr at Lepdsr's optioe may tltclare adl of the sa~r secured by <br />Meat. bs ltcty ~ ~ gay witiohtl~rl~r tlctdartd and may foreclose by iil praeeedin& Caroler <br />ab-ire eathisd to entree! ht sac§ ~ afi caper of fotecteaflrc, bscia, bat ttoR Itretefcd to, cam of docameatary <br />evidence; absfnc~ asd Htk rtpttrts. <br />49. Barrewez's Right W Re~etah. Notwithstanding Lender's aaceteratian of the sums secured by this Mortgage, <br />Borrower shall have rho right to have any proceedings begtm by Lender to enforce this Mortgage discontinued at any time <br />