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<br />.78-~-~ ~1;~~~~ ~ ~3 <br />Lender's written agreement or applicable law. Barrower shalt 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. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shalt be payable upon natice from Lender to Borrower requesting payment thereof, and shall tsear interest from the <br />date of dsbur~men* a_r the rate payable from time to dme an atttstanding principal under the Noee unless payment of <br />interest at suds race would bs comrary to applicable law, in which event such amostnts shall 'rear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incue any expense or take <br />any action hereunder. <br />il. Inspsctfon. Lender may make or cause to be made reasonable entries vpan and inspections of the Property, provided <br />thst Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />intsrsst in the Properr:. <br />9. Condemnation. Ilse proceeds of any award or claim for damages. direct or consequential, in connection with any <br />condemnation or ocher taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />7n the event of a total taking of the Property, the proceeds shall be applied 20 the sums secured by this Mortgage, <br />with the excess. if any, paid fo Borrower. In the event of a portal taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, them shalt be applied to the sums secured by Phis Mortgage such proportion of the proceeds <br />as is equal to chat 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 datz 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 Borrower that the condemnor offers to make <br />an award or settle a claim far damages, Borrower faits to respond to Lender within 30 days after the Bats such natice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Prapsrtv or to the sums secured by ibis Mortgage. <br />Unless 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 installments referred to in paragraphs 1 and 2 hereof ar change the amount of <br />sash installments. <br />1©. Borrower Not Released. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release. in any manner, <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 or refuse to extend time far 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 />IL F'orbsarattce by Lender Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or <br />athetwise afforded by applicable taw, 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 liens or charges by Lender shall not be a waiver of Lender's <br />eight to accelerate the maturity of the indebtedness secured by this Mortgage. <br />I2. Resnsdies Cumulative. Aii remedies Nravided in this Mortgage are distinct and cumulative to any other right or <br />remedy undsr this Mortgage or afforded by Taw or equity, and may be exercised cancurrzntty. independently or successively. <br />13. Successors and Ataigns 73ourttl; joint and Several I,iabtTtty; Captions. The covenants and agreements herein <br />contained shalt bind, and the rights tereunder shall inure ta, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of pazagraph 17 hereof. ;i0 covenants and agreements of Borrower shalt lx joint and several. <br />a. an.; a ere 4 be treed LO <br />Tts cApti °-d'r.~ of the paragraphs of this Martgsge ..., f r ..,._.,.,.._..__ t , nd.,o: r <br />interpret or idefine the prav~sians hereof. <br />Id. Notice. P.xcept far any Holies tsquired under applicable law to be given in another manner. (a) any notice to <br />Barrower gravided for in this Mortgage shall be given by mailing such natice *~y certified mail addressed to Barrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, artd <br />(b} any notice to Lender shall be given by :.ertified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by natice to 8orrvwer as provided herein. Any notice provided for in this <br />Mortgage shat! he deemed to have been given to Borrower or Lender when given in the manner dtsignaied herein. <br />!~. Lt=.sfot~ Mcr€sage, G-nvgrnL.s La'v; S^vsra~3lty. 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 he governed by the taw of the jurisdiction in which the Property is located. In the <br />evert that any provision ar claus? of this £F,ortgage or the Nate cenfiicts with spplicable taw, 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 Note are declared to be seversble. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Nate and of this Mortgage at tine 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 {al the creation of a lien ar 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 ar by operation of taw upon the death of a joint tenant or (d} the grant of any leasehold interest of three years or less <br />rot containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to ice <br />immediately due and payable. Lender shell have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Property is to 6e sold or trarsferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that tFe interest payable an the sums secured by this Mortgage sfiall be at such rate as I.ettdes <br />sttaiI request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's suceessor in <br />interest has executed a written assumption agreemeaE accepted in writing by Leader. Leader shall release Borrower from all <br />oLtigatioas under this Mortgage and the Nofe. <br />Ff Lender exercises such option io accelerate, Lender shall mail Borrower natice of acceleration in accordance with <br />paragraph 14 het~rf. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Barrower fails to pay such sums prior io the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph i8 hereof. <br />t~t'ota-tJNrrroatst Covexex~rs. Borrower and Lender further covenant and ogres as fallaws: <br />IS. Accekra#ion; Reaaedies. Facept as provided ire paragraph 17 hereof, upon Borrower's brash of any covenant or <br />agreemstat of I3ortow•er in [hls Mortgage, including the coveoants to pay wtren due any sums secarsd by this Montage, <br />Louder prior to aseeieratian shalt mail notice to 'Borrower as provided in paragratgh 14 hereof apectfyi~: (1) the breach; <br />(2) fire tttatian regebred to cme such breach; i3) s date, not teas rhea 3® days from the Bats the ttotfee is maBsd to Borrowey <br />t+'Y which breach mast Ise cared; and (4) than fatTurs to cure such breach on of before the date specifini in tits rtotfce <br />may result lp acceleration of the sums secured by fhb tHor~ate, foreclosure by judk~ proceeding aml sak of the Property. <br />The notice ehaB furt)ur lufarm Borrower of the right to relr~te after acceleration amt the right to assert in the forBSlosurc <br />p~ocsediaig the ~n~exhtence of a defauH or any other defeae of Borrower to asttkratlon and foreclosure. tf the breach <br />is ~ cured oa or iieiore ffie date specified in the notice, Lender at t;.eader's option may declare ~ of the sums xcared by <br />ibis Mortgage to be immediately doe and payable withmr! further demarm and may foreclose by Jndtciat pxoceedfiatg. Lender <br />abaft be entered to collect In stub procsediteg ail enpewses of foredosnre, including, but pat limited to, costs of docnmeutary <br />evldeace, absttacfs and title reports. <br />19. Borrower's 7itight to Reinslsis. Notwithstanding Leader's acceleration of the sums secured by this Mortgage, <br />Borrower slsail ]rave-the-right to have any proceedings begun by Ixnder to enforce this Mortgage discontinued at any time <br />