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<br /> <br />Lender's written agreement or applicable law. Borrower shall pxy the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Anp amounts disbursed by Lender gorse:ant to this paragraph 7, with interest Yherean, shall become additional <br />indebtedness of Borrower secured by '.his Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to 8arrowcr requesting payment !hereof. and shall bear interest from the <br />date of disbursement at the rate payable from time to time an oueszanding principal under the Note unless payment of <br />inzer~z at s~!ch rate would bt contrary to applicable law, in which event such amounts shaft bear interest at the highest rate <br />permissible under applicable law. Nothing camained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereundez. <br />g. inspection. Linder may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior io any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Cottdemttatlstn. The proceeds of any award or claim far 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 shall be paid to Lender. <br />In the event of a !oral 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. In the event of a partial taking of the Property, 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 dart of <br />taking bean to the fair market value of the Property immediately prior to the date of taking, with the balance of olio proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, a€ter notice by Lender to Borrower that the condemnor often to make <br />an award or settle a claim for damages. Borrower fails to respond to Lender within ?0 days after the date stack notict is <br />mailed, Lender is authorr[.ed to cotlect and apply the proceeds, at Lender's option, either to restoration 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 shall not extend <br />or postpone the due date of the monthly installments referred to sn paragraphs 1 and ~ hereof or charge the amount of <br />such installments. <br />10. Borrower Not Reiea~d. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall 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 zo commence <br />proceedings against such successor or refuse to extend time for payment or othervvu^ modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower anri Harrower s svccessan in 'snterest. <br />1Y. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising .toy right or remeetfy 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 insutaoce or the payment of taxes or other liens or charges by Lender :;hail not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumubriive. All remedies provided in this Mortgage are di=:;nct and cumulative to any other right ar <br />remedy under this Mortgage or afforded icy law or equity, and may be exercised concurrently, independently or successivel±+. <br />13. ^s~o.•~ anal .tsi:~us )~tstid; polo! and l~vctal IaahBlty: Captious, The covenants and agreements herein <br />contained shall bsnd, and the rights hereunder shall 'snore to, the respective successors and assigns of Lender and Borrower. <br />subjteY to the provisions of paragraph i7 hereof. All covenants and agreements of Borrower shall 1>r joint and stvc,ri. <br />Tht captions and headings of the paragraphs of this Mortgage are far conveniertce only and are not to br ttstd to <br />interpret or define the provisions hereof. <br />Y4. Notice. Except for any notice required unaer applicable law to be given in another manner, fa) any notice to <br />Harrower provided for in this Mortgage shall be given by marling such notice by certified mail addresud to Borrower 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 tender shall be given by certified mail, retvm receipt requested. to Lendtis address stated htnin or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notict provided for in this <br />Mortgage shall bt deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. llnl#orm ;Lforigttge; t;Fovetautg Laws SeversinYtt}•, i rtes fcrrn of mortgage combines uniform eavtnants ter nafianal <br />use and non-uniform covenants with limited variations by jurisdiction to rnnstitutt a uniform security instrument covering <br />rtai property. This Mortgage shall be governed by the law of the jurisdiction 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 affec4 <br />other provisions of this Mortgage ar the Note which can be given effzct without the conflicting proviseon, and to this <br />sod the provisionc of iht Mortgage and the Note are declared to be severable. <br />Sit. Horrower"s Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tithe <br />of execution or after recordation hereof.. <br />Y7. Trttttsfer of the Property; Assumption, If all or any pa,K of the t'rapcrty or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding lal the creation of a lien or encumbrtitree subordinate to <br />this Mortgage, (b} the creation of a gurchase 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 at less <br />noL containing an option to purchase. tender may, at Lender's agzian, declare all the sums secured by this Mortgage to be <br />immediately dot and payahie. Lender shall have waived such option to accelerate if. prior to the sak or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable ors the sums secvttd by this Mortgage shah be at such rate as Leteder <br />shalt request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />inferest has executed a written assumption agreemnni aecegted in writing 6p Lender. Leader shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender esereises such option to accelerate, Lender shall mail Harrower notice of acceleration in accordance with <br />paragraph Y~ hereof. Such notice shall provide a period of not less than 30 days from the dart the notice is maned within <br />which Harrower may pay the sums declared due. if Harrower fails to pay such sums prior to the eapirat5on of stick period, <br />Lender tray, without further notict or demand on Harrower, invoke any remedies permitted by paragraph 18 htrmf. <br />Notr-UNtFQRM CavsrtaNZS. Borrower amt Lender further covenant and agree as follows: <br />1$. Aec~:~iss; Reate kept zg R"+t°~~ in p2ragrs}tb Y7 herrof„ upon Borrower's ltreacb of arty cavenan# oe <br />~ of Harrower in this Mortgage, inchatlug the covenants to pay whin due any same secwcd by Ibis Afttrtgage, <br />Y.ender Pala: to r~ioo shah notice to Borrower ~ provided in paragraph 14 hereof specifyhrgr (Y) the breach; <br />{Z) the actiten to clue aleck bratcbl 43} a tilde. trot less than 3B days front the date the notice fs tttailed to Borrower, <br />by which each brtnrch mtast be emtd; sod i4) t0et faflure to cure such breach on or before the date spFCiHed in the taMiee <br />tasv ra'atdt in seteteratiua of the seats secured by ibis Martg~e, ffosare by jtedkisl proceedi~ toad of the Ptopetty. <br />'1'ho isotlte sbaB further ittfarm Hotmwer of the riyhf to reinstate after accederation and the right to assert its Liu foreciosare <br />proceedb~ tl~ ttots~etcistence of a dtfsuk or airy other defeatse of Borrower to acceleration and fareclosare. If the braaeh <br />~ oat teraxl t>n or before tb.-, ctstte spseiBtsl in ~ tmtiet, Leger at S.mder's optbn may derlare a8 of the soma secatxxt by <br />elite ASoatgsge to be ittsntediatety tine tesd iaeyahls without fnrthea demand and may far®c~ by jndieial protetdiag. Lender <br />shall be enthied to c~ct in sock proceodirig t~l eapettaes of foreclosure, incladhtg, but teat limped to, costs of documentary <br />evidence, ttbsiaacts attd title report. <br />Y9. Horsower's Right to Reiaatale. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right io have any proceedings begun by tender to enforce this Mortgage discontinued a: any time <br />