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~~-+ ~}~)~i 3~~D <br />Lender's written agreement or applicable law. Borrower shall pay the amount of aA 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 seeirred by this Mortgage. Llnless Borrower and Linder agree to other terms of payment, s.tch <br />amounts shall be payable upon natice from Lender to $ot7ower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time ar, outstanding principal under the Note unless payment of <br />interest st such rate would be contrary to applicable taw, in which event such amounts shall bear interest at the highest rate <br />p~~mi=°ibl,^, ur app3i^~ble law. Nothing conts;ned in ibis paragraph 7 sltalI regaire Landes to incur any expellee ar tsl~e <br />any action hereunder. <br />8. inspection, Lender tray make or cause to be made 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 fo Lender's <br />interest in the Property. <br />9. CotrdemnaHon. 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, are hereby assigned <br />and shah be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he appfied 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 shat) be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proport"son which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to Ehe fair market valt:e of the Property immediately prior to the dale aF taking, with the balance of the proceeds <br />paid to Harrower. <br />If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers 4o make <br />an award or settee 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 obis 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 f and 2 hereof nr change the amount of <br />such installments. <br />10. iitorrower Not Released. Extension of fire time for payment or modification of ~tttortizatian of the sums secured <br />by this Mortgage granted by Lender fa any successor in interest of Borrower shall not operate to release, in any manner, <br />the liabitiry of the original Borrower and Borrower's successors in interest. Lender shall net be required to commence <br />proceedings against such suceessor 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. i+orhear~ee 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 be a waiver of or preclude the exercise of any such right or cemedy. <br />The procurement of insurance or the payment of faxes or other liens ar charges by Lender shah not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Ctmtaiative. Ali remedies provided in this Mortgage are dist'rnci and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently. independently or socc•essnely. <br />13. Saccessoas and Assigns Board; 3oini and ~veral I,ia60lty; Captions. The covenants and agreements herein <br />eantained shall bind, and the rights hereunder shall inure ta, the respective successors and assigns of Lender and Botarrxer, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joins and several. <br />The captions and headings of the pazagraphs of this Mortgage are for ecavenience only and are not to ire used fo <br />interpret or dcfne the provisions hereof. <br />14. Notre, Except for any notice required under applicable law to be given in another manner, (a} any notice to <br />Borrower provided for in this Mortgage shalt be given by mailing such natice by certiRed 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} any notice to Lender shall be given by certified mail, return receipt requested, to I.endet's address stated herein ar to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in tfiis <br />Mortgage shall be deemed To have been given to Borrower or Lender when given in the manner designated herein. <br />15. Llstifefrnt f42origage; C:3vtrniag I aw; 3cverabBlty. This form of mortgage rnmbines uniform covenants for rational <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 taw- of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Morigsge or the Note conflicts with applicable Eaw, sash conflict shalt not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and Yo this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />16. >~rrrower's Ce ry. ~=.•awer shall be furrishad a confarmvd copy of tl:e Naie and of this Mortg:.ge at the *,irree <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If al! ar any part of the Property or an interest therein is soM or transferred <br />by Bo; rower without Lender's prior written consent, excluding (a} the creation of a lien or encumbtaiice subordinate to <br />this Mortgage, (b} the creation of a purchase money security in2eresc for household appliances, (c} a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or fd} the grant of any teasehald interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare alt the curers sxured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to else sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that rite credit of such person <br />is sa#isfactory to Lender attd that the interest payable an the sums secured by this Mortgage shalt be at such race as lettder <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />intettst has exxuted a written asstmiption agreement accepted in writing by Lender, Lender shall release Harrower from all <br />obligations under this Marlgege and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower natice of aceelerationtn accatdance with <br />paragraph l4 heraaf. Betels notice shall provide a period of rat Less than 30 days from the data the rtotict is matted within <br />which Hariawer tray pay the sums declared due. If Borrower fails to pay such sums prior to the ezpfration of such period. <br />Lender may, without further notice or demami an Borrower, invoke ary remedies permitted icy paragraph 18 hereof. <br />Noar.Ilrtaf~ttarvt t.OyENdHA'S. Borrower and Lender further covenant and agree as follows: <br />lE, Aceekratlmt; Remedies. lL:aeex7q ao provided in paragraph 17 hor~af, ttpoa Borsorret's breach Qf aop covenant ~ <br />~¢s~ent ~ 3gorr ~- in M~~age, i;a~l-.dam the eovetta'YS tea pay Gherr doe any sari seetar~ by this hfor~stgx, <br />Y,tsedcr peeler to aer~ios sbaII ma@ troHee to Borrower as provided in paragraph 14 hereof ~: (1) the breach; <br />(~ 4hcsetisa ragalred tm-care Ixeacit; (~} a data, pot teas than 30-days-from the dam-the pollee B readied to 7Borrower, <br />by which sash biettc~ ire wed; ~d 64T that falhae is erne such breach rel! as before the date tpecffied in the ~tlce <br />atay tesnlt le. aceaiers:#[on of tiPe spcart serried by this Mortgage, fesrse~rae by j~dichil proceeding. and sale of the Property. <br />1'he notice frtrther infosat Borrower of .rite right to. reit~eate after acceleration and the right to assert ~ the foree~sare <br />floe nun.esJslence of a defantt or any other defet~ of borrower to aecckrat&an and feueclaaaee. ;ff the breach <br />la cared oa oe btfore-the date sgceilted hr tAe pollee, Lehner at Lcrttiet's option racy declare alt of the see~sd by <br />Eh~ ltigoa-Ec ~ be imnedisrx:y dse paya~ ce#host farther demand t~ may forectt;~ by ~ praceedi~. Lett <br />shy ba enikiezi to collect in amelt procritilitig all e:pe of forxciosurt:, Ittclt~dlttg, bva tent tlm/ted to costs of dacamattary <br />osideace, a6aftacM and title tepotts, <br />15i. Darmwer's Right to Reiuststte, Notwithstanding Lender's acceleration of the sums secured 6y this Mortgage, <br />}3otmwershalT have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />