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t- <br />i <br /> <br />Lender"s written agreement ar applicable Isw. Borrawer 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 thereon, shall bernme additional <br />indebtedness of Barrawer secmzd by this tortgage. Unless Borrower arzd Lender agree to other terms of payment, such <br />amounts slia!1 be payable upon notice Pram Lender to Barrawer regt.essing payment thereof, and steal! hear interest from the <br />date a€ 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 taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable Iaw. Nothing contained in this paragraph 1 shall require Lender to incur any expense or take <br />any action hereu.*tder. <br />d. isspectlon. Lender may make or cause to be made reasonable entries open and inspections of the Property, provided <br />that Lender shall give Borrower notice prier to any such inspection specifying reasonable cause therefor related to Lestder s <br />interest in the Property. <br />9. Condomnattan. The proceeds of any award ar claim for damages, direct or consequential, in connection with any <br />candemnatian or ether taking of the Property, ar part thereof, or for conveyance in lieu of condemnation, are hereby assignod <br />and shalt be paid to Lender. <br />In zhe 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 Barrawer. Tn the event of a partial taking ai the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall ix applied sn 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 prier to the date of <br />. taking bears to the fair market value of the Property immediately prier to the date of taking, with the balance of the prtxeeds <br />paid to Harrower. <br />If the Property is abandoned by Borrawer, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim For damages, Borrower fails to respond to Lender within 3O days after the date such notice is <br />mailed, Lender is authorized so collect and apply the proceeds, at Lender"s optiao, either to mstaratian 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 to principal shat! not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 apd 2 hereof or change the amount of <br />such installments. <br />lit. Borrawer }tot Recessed. Extension of tht time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interesE of Harrower shall eat operate to release. in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the soma <br />secured by this Mortgage by r~eascn of any demand made by she original Harrower and 13arrower's successors in interest. <br />il. Forbearance by Leader Not a Waiver. Any 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 ar the payment of taxes ar ether liens or charges by I~nder shalt eat be a waiver of Ltnaer's <br />right to accelerate the maturity of the indebtedness secured by stets Mortgage. <br />t2. Remedies Cumolafive. AlT remedies provided in ibis Mortgage are d~stioct and cumulative to any other right or <br />remedy under this Mortgage or afforded by Iaw ar equity. and may be exercised concurrently, independently ar sttecexiveiy. <br />13. Saccessots earl Assdgrts Boned; Jotat and Seventt I.tabr'Bte; CaPdam. The covenants attd agreements hereto <br />contained shall bind, and the rights hereunder shall inure to. the re;peetise s+,tccescars and assigns of L.er;der and Harrower, <br />=ub;..., to the provis!aas of parag arh f? hereof .-;-,,,s -r~u ag,a-meets of Ha~owcr sha!i be joint ann ~-varaL <br />The captions and headings of the paragraphs of this4Mortgageaare far convenience onty apd are eat to be used to <br />interpret or define the gravisions hereof, <br />i4, i'iat€ce. Excep*`oz any notice required under applicabte law to br: given in another manner, (a) any notice to <br />Borrower provided fvr in this Mortgage shall be given by mailing suck notice by certified mail addressed £a Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided hereon; and <br />tb) any notice to Lender shalt be given by certified mail, return receipt regtrested, to Lender's address stated herein or to <br />such other address as Lend:.r may designate by notice to Borrower as provided herein. Any notice provided €ot in this <br />ktortgage shall be deemed to have been given to Borrawer ar Lender when given in the manner designated herein, <br />Y3. Uniform Mortgage; Governirrg Law; lieverabiHty. This form of mortgage cornbinea uni#otm cavenarts for national <br />else and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This F~artgage ;hall be governed by the law of she jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Nate conflicts whth applicable taw, such conftict shalt not affect <br />outer gmvisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end the pravrsions of the Mortgage and the Note are declared to be severable. <br />16. )Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. TraaFer of the Property; Assumption. I€ all or any parr of the Propertf or an inures[ therein s said or transfeaed <br />by Borrower without Lender's grsor written consent, excluding {a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for househaid appliances, (c) a transfer by devise, <br />de`,cent or by operation of law upon ttse death of a jairt tenam or (d) the grant of any leasehold interest of three years or kss <br />not containing an optiao fo purchase, Lender may, at Lender's option, declare a@ the sums cured by this Mortgage to be <br />immediately due astd payable. Lender shall have waived such optiao to accelerate if, prior to ttte sale ar transfer, Lender <br />sad the person to whom the Property is fa be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender atsd that the interest payable en the sums secured by this Mortgage shall be 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 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 Nou. <br />If Lender exercises such option to accelerate, Lender shall mail Bo.*rower notice of acceleration in accordance wiilt <br />paragraph 14 hereof. Such notice shalt provide a period of eat Less than 30 days from the date the notice is maitai within <br />which Borrower may pay the sums declared due. If Harrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph lfi hereof. <br />Notv-UxtFOxna CoverteN•is. Borrower and Lender further covenant and agree as follows: <br />Ii. AcceteraHen; Remedks. Ezcept as prsrided ~ paragraph i7 hereof, span tlorrower°s 6reaeb of say covet ~ <br />agreement of Borrower in the bloAgags, ~eladirtg the covenants to pay when doe say sums secBeed by tltjs Mortgage, <br />~.trtder !fir to atx~kratIma shad ~ notke fo Borrower m provided is paragraph t4 hereof spaifyiag; (1) the beach: <br />rr"x3fimrc action rogetrett to cane each irreacb; (3} a date, not less than ~6 days from the date the notice ~ maflled to Borrower, <br />by which aerch breach most be ctned; and (4} ttut taltnre to epee each beearA ag or before the date apeel6ed to the <br />may rearrlt !t aceetertrmoa of the sums secured by tots Mortgage, Eoreelaure by judlcigt pmceedit~ and saw of the Properly. <br />The rtotke statdB fwther )gform Borrower of the rlg~t to reinstate after accekratiaa sad rho right- to asset in the foreclaarQe <br />t5a ice of a defatdt or-any otixc defog: of Borrower to eccderafjoa and fareeMsum. H the breach <br />~ not cared oa to i~nez? Nte date specked In tltx notice, Le~or at bender's o@ttan may declare a$ of the saoffi uctrred by <br />t~ 1tiSoatgage to fro intmediatety duo sad payable without tnrther donsnd sod may foreetmse by jadicial proceedi~. Lender <br />Matt be-eatiltad to collect in acb @xsceedi~ a91 expenses of forectoaure, ioebtdtug, tint eat timked to, cow of docameutary <br />ovhtoaze, altstraets wd tltie reports. <br />t§. BaeraweYa RiEbt to Re3atate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Bormwet shah have rho riglst to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />