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<br /> <br />Lender's written agreement ar applicable law. Barsower shell pay the amotmt of all mortgage insurance premiums in the <br />manner provided under paragraph Z hereof. <br />Any amounts disbursed by Lender pursaant to this paragraph 7, with interest thereon, shall become additional <br />iadsbtednsss of Borrower secured by this Martgage. Unless Borrower and Lender agrez to other terms a( payment, such <br />amounts shall bs payable upon ^o¢ice from Ler[dar to Bacrower requesting payment thereof, and shall hear interest from the <br />data of disbursement at t};e rate payable from time to time an outstanding principal under the Note ^n{css payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts stroll trear imerest at the highest rate <br />permissible under applicable law. Nothing captained in this paragraph 7 shall require Lender to incur any expense er fake <br />any action hereunder. <br />8. inspection. Lender may make or cause to be made reasrnable entries ttpon and inspections of the Praperty, pravided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to L.ender`s <br />interest in tht Praperty. <br />4, Condemnation. "the proceeds of any award or claim for damages, direct ar consequential. in connection with any <br />condemration or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid 4a Lender. <br />In the 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 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 pmportian of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this lvtortgage immediately prior to the data of <br />taking bears to the fair market value of the Property immediately prier to the date 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 Harrower that the condemnor offers to make <br />an award ar settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authot-ized to collect and apply the proceeds, at Lender's option, either to restoration ar 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 in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />1Q. Borcower Not Released. Extension of the time for payment or madi$cation 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 :o commence <br />proceedings against such successor ar refuse to extend time for payment or otherwise modify amostization of the sums <br />secured 6y this Mortgage by reason of any demand made by the original Harrower and Boeawe*'s successors in interest. <br />11. Forbearance by Lender Not a waiver. Any forbearance by Lender in exercisine an}' right or remedy hereunder, or <br />otherwise 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 ar the payment of taxes ar other !lens or charges by Lender ..=.hail not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this ifortgage. <br />12. Remedies Cumulative. All remedies provided in this ?sfortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage ar afforded by taw or equity, and may he exercised concurrently, indalv_ndently or successively. <br />13. Successors and Assigns Bound; Joint and Several I.iabilih; Captions. The covenants aad agreements herein <br />contained shall bind, and the rights hereunder shall inure :o. tits respective succe>sors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph i7 hereof- Atl covenants and agreement= of Borrower shall be joint and several. <br />Tee captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret ar define the provisions hereof. <br />14. Notice. Exce,ut for any notice regtered under applicable law ro he giver, ir. aput:er manner, tai any noes. to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />fire Property Address or at such other address as Borrower may designate by notice to I_endtr as pravided heron, and <br />(i>) arry notice to Lender shall be given by certified mail, return receipt reouested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as pravided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower er Lender when given in the manner designated herein. <br />25, Uniforrrt 1lfortgage; Governing Law; Severability. This farm of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations 6}' jurisdiction :o constitute a uniform security instrurttent covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Praperty is located. 7n the <br />event that any provision or clause of this Mortgage ar the Nate conflicts with applicable law, such conflict shall not affect <br />ocher 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 severable. <br />16. Borrower's Copy. Borrower shall be furnished a cenfornsd copy of the Note and of this Martgage at the time <br />of erecution 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 Sortower without Lender's prior written consent. excluding fal the creaticn of a lien or encumbrance subordinate to <br />this Martgage. (b1 the creation of a purchase money security interest for heusehoid appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (dt the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lander may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Leader shall have waived such option to accelerate if, prior to the sale or tranafer. Lender <br />and the person to whom the Property is to be said or transferred reach agreement is writing that the credit of such person <br />is satisfactory to Lender and that the interest payable an the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. if I_endtr 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 shalt release Borrower from al! <br />obligations under this Mortgage apd the Note. <br />If Lender exercises suet option to accelerate, Lender shall mail Borrower Halite of acceleration in accordance with <br />paragraph ;4 hereof. Such notice shall provide a period of Hat tens than y© days from the date the notice is mailed within <br />which Harrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiretion of such period, <br />Lender may, without further notice ar demand on Borrower, invoke any remedies permitted by paragraph Ig hereof. <br />Nox-lUSrt~aai„t Covertexrs. Borrower and Lender furtl;er revenant and agree as follows: <br />1~. Asseieration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant oe <br />agreement off Borrower in thi£ *!or Esge, insludi~ tbe ecvsnants sa pay wh+:n gut any sauus sesured by tbos Mortgage, <br />Lender prior to acceixsation shall waif notice to Borcower as provided in paragraph 14 hereof specifyf~: (1) the breach; <br />(2) the acf®oa required to cure such breach; (3) a date, aaot less than 311 days tram the date the notice ~ mauled to Borrewer, <br />by which sulfa breach must be cured: and (4) that faBure to curt such breach an or before the date specified iu the notice <br />may result 1_n acceleration of the sums secured by this Mortgage, foreclosure by judiclaf proceeding and safe of the Property. <br />The uoiice sbaB further inform Borrower of the right to reinstate after acceleration and tine right to assert in the foreclosure <br />proceednug the ~n-a=fsteuce of a defauk or any other defcose of Borrower to acceferation and foreclosure. if the breach <br />fs naf cured on or before the daft specified in the notfce, Leader at Letader's option may declare all of the sums secured by <br />thf~ Mortgage te> d>< immediately du¢ and payahde without further densgnd and may foreeiost by 3udieial proceediag. Ltndtr <br />stroll be entitled to coBeet in such proceeding all expenses of foreclosure, inelndlog, but root Bmited to, costs of doeumeotary <br />evideuse, abstracts and title reports. <br />14. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured 6y this Mortgage. <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />