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Lender's writtt:n agreemen3 or applicable law•. I1~xrower shat' pay the amount of all martgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with intettest thereon, shall become additional <br />indebtedness of Borrower, secured by this 14fortgage. IJntess 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 shelf bear interes4 tram 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 rare would be : omrary u> applicable law, in which event such amounts shalt bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph ?shalt require Lender to incur any expense ar take <br />any action hereun:~r, <br />ti. taspection. Lender may make or cause to be made reasonable entries upon and insp.,ctions of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cattle therefor related to Lender's <br />interest in the Property. <br />9. Coad2mrafioa. ; he proceeds of any award ar claim for damages, direct or cansequen4ial, in connection with any <br />condemnation or other taking of the Property, or part :hereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of tlse Property. the proceeds shall be applied to the Bums secured by this Mortgage, <br />with the excess, if any, paid to Borrawer. in the event of a partial taking of the Property, unless Rotrower and Lender <br />otherwise agme ]n writing, there shat{ be applied to the sum, secured by this Morteage such proportion of the praceods <br />as is equat io 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 prior to the date of taking, with the balance of the proceeds <br />paid to Borrawer. <br />If the Property is abandoned by Borrower.. or if, after notice by Lender to Borrower that the condemnor offers 4o make <br />an av:ard or settle 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 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 .eferred to in paragraphs 1 and Z hereof ar change the amount of <br />such installments. <br />t0. Borrawer Nat Released. E;.tension of thr time for payment or modifica4ion of amortization of the sums secured <br />by this Mortgage granted by Lender to any succrsor in interest of Borrower shall net 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 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 />t1. Fan'rearanee by Lender Not a Wainer. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt not 6e a waiver of or preclude ae exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ar ether liens or charges by Lender shall not be a waiver of Lender s <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />E:' Remedies Cnmulahve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage ar afforded by law or equity, and may be exer;ised concurrently, independently or successively. <br />53. Successors and Assigns Bound; Joint and Severed Liability; Captions. The covenants and agreerttents herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to 4he previsions of paragraph i? hereof. Ail covenants and agreements of Borrower shall tie joint and several. <br />The captions and headings of the pazagrphs of this Mortgage are for convenience only and are not to be used so <br />interpret or define the provisions hereof. <br />t4, Notece. Bxcept for any notice required under applicable law to be given in another martaer, (a) any notice to <br />Borrower provided for in this Mertgagr: shall be given by mailing such native 3y certified mail addressed to $arrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided heres`n. and <br />(b) any notice to Lender shall be giver. by certified mail, return receipt requested, to Lender's address stated herein or to <br />such ether address as Lender may designate by naeice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or i.ender when given in the manner designated herein. <br />t3. Unifarrrt Morgage; a:trveraing Law; Severabiidty. This farm of martgage combines urriform covenants for national <br />use and non-uniform covenants wish lirited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Aortgage shalt be governed by the law of the jurisdiction in which the Property is located. In the <br />event that any pravtsion or clause of this Mortgage or the Note conflicts with applicable law, such conflict sha'i not affect <br />other provisions of this Mortgage or the Nate which can be given effect without the conflicting provision, and to this <br />end 4he provisions of the Mortgage and the Note are -iectareti to be severable. <br />t6. Borrower's Copy. Borrower shall be furnsshed a ;unformed copy of the Note and of this Mortgage at the time <br />of exe~~+tian ar after recardatian hereof. <br />1?. Transfer of the Property; Assumption. If all or any part of the Property ar an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (at the creation of a lien or eneambrance sutwrdinaee to <br />this Mortgage, (b) the creation of a purchase money securing interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law epon tine death of a joint tenant or td! the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at tender's option, declare all the sums secured by this Mortgage fo be <br />immediately Sue and payable. Lender shall have waived such apt-rrt to accelerate iE, prier to the sale or transfer, Lender <br />and fire person to whom the Property is to be soil or trnsfersed reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at sash rate as Lender <br />shall request. if Lender has waived the option to ace:e#crate provided in this paragraph 11, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from ail <br />obligations under this Mortgage and the Nate. <br />If Lender exercises such option to accelerate, Lender shah mail Borrower notice of acceleration in accordance with <br />paragrapl: 14 hereof. Such notice shall provide a period of not less than i0 days from the date the notice is mailed within <br />which Botzower may pay the sums declared due. df Bon•ower fails ro pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand an Harrower, invoke any remedies p=rmitted by paragraph ig hereof. <br />Nox-Utrti:oaM CovEtvr.Nrs. Harrower and Lender further covenant and agree as follows: <br />t8. Aeceleratloa; Remedies. Ezcep! as provided io paragraph l7 hereof. upon Borrower's breach of say cove~nt or <br />ameat of Harrower in this 't+{ortgage, inetudirrg the rnvenauts to pay when due say sums secured by this Moregage, <br />'n°i~: : ~ r.•~er~::oa sia31 ma'sl notce to Borrower as provided in par~rapb t4 hereof specifying: {t) the breach; <br />(i) the action regalred to care loch breach;'(3) a date, not Iola than 30 days from the date the notce la maBed to Borrower, <br />by wblsh h breach must be cured; and f4? that (allure to cure such breach oa or before the date speedBed in the notice <br />may result itt accelerates of the soles :xsnred by this Mastgtge, fosecl~ure dry ~ttddsiad proceedir~ sad sale of the Pte~erty. <br />The aattee shag €nrther inform Borrower of the r~ht to misstate after acceleratbn and the right to assert to the fot~losare <br />proceedngg the eau-ex~teace of a defaadt ar any ocher defense of Borrawer to acceleratiwn and foreclosure. If-the breach <br />js sot cared oa ar before the date specBied in the notice, Leader ai Lender's option may declare all of the sums secured by <br />ffile Mortgage to be immediately dce arnl payable esithoa# farther demand and may foree~e by ;udicial proceedir~. Leader <br />shalt be eat~d m collect do strch p:aceadiag all axpatraas of fareclnsure> iaeiuarog, but net Idmited to, costs of documentary <br />evidence, abst:atts sad title reparta <br />29. Bomtwet's RfgOst ro Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrawer shall have the Tighe to have stiy proceedings begun by Ixnder to enforce this Mortgage discontinued at soy time <br />