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<br /> <br /> <br /> r , . r~ <br /> '79`# <br /> I-.end?rr's set a},rcrimn, or xpphcable IRV', Borrower shall pay the amount of all mortgage insurance premiums in the <br /> maner.:r p'i?v uej' %:-~tler paragraph ? hereof. <br /> 0 ay a^tr _ r.tx des tt: sod by Londe- pursuartt to this paragraph i, with interest thereon. shall become additional <br /> ntS: +ee5ne.si of ,Knernwtr stcurcd by this 'M0,1939c. lsnlv4 Borrower and Lender ague to other terms of payment. such <br /> arno nts s tali tv psit•able : -,Vn ri(~iicc frot;s'Ltvder to Borm7*'cr requesting payment thereof, and shall hear inaereSt from the <br /> date of disrt: r-ntr.rtt tt the rate pays lc frcrrt time to time on outstanding principal under the Note. unless payment of <br /> intcress at suc^ rate wOUld be contrary to applicable law. in which event such amounts shall beat' interest at the highest rate <br /> pc-m aiitrlc under arrp3ic3ktle law' Nothing contained in this paragraph R shall rcquirG Tender to incur any ttpeni c or take <br /> any Actaeon hereurxkr. <br /> t3. 1nsl+e!°tiors, l•rndc.-r may make cr cause to be made reasonable tntries upon and inwctions of the Property. Provided <br /> -%.4reasonable cause therefor related to Lender's <br /> t' as I.trsdrr ,hall glee Bt?rrouer notice )sra.sr to an) such inspection <br /> stVt'o 'stw tt,- prorlcrty. <br /> q. Condtmnatiart. The, pro--ceclq of any awwd ur claim for dxnaces, direct or consequential, in connection with and <br /> w Midc rtn, of n crr.e~thcr tak:inj! of the F'ropct".., or P;11 thereof. or for conveyance in lieu of condemnation. are beech>' assigned <br /> rat? sh,il Y~: ,aid tci 1. c Eder, <br /> In thr c4cni of a 14)i-ki taking of the properly. the prwat:eeds shall b^ applied to the sums secured by this Mortgage. <br /> wily, :11C cr.res.s, if any, pa k' "o Borrower. In the event of a partial taking of the Property, unless Borrower arts! Tender <br /> mhcr w iW at rcr in writing, ii), -r. shall kv applied to t; -r Turns securrwl by this Mortgage such propo~tion of the proccedi. <br /> as s. r aria' t;, 0 p:oi*or ion s+hich the amount of th,: s4rns secured by this titt?rtgagc immrdiatch prior to the date of <br /> n : tC• Th"a fai. market ',aluc of the Prcpcn}• immediately prior to the date of taking, with the balance of the proceeds <br /> raid t.- Rot owcr. <br /> If the' Y roper:y is :bandrne.:i lb, Rrrower, or if, after notice by Tender to Borrower that the condemnor offers to make <br /> art a claim for d.rmagcs, Borrower LOS :o respond to Lender within 30 days after the date such notice is <br /> malted, L.cr Lcr is authorirrd to i'ollcct and apply the procccds. at Lender's option, tither to restoration or repair of the <br /> P*.Ci it;v.rr !o the wm, secured hN, this Xfortgagc. <br /> hotels l.,r::>dcr anal Borrower otherwise agree in writing, any such application of proceeds ;o principal shall not extend <br /> 11r pr:stp one rho dose date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> at;th i~xta3lmens. <br /> 10, Borrowrrr Not Reltys^.d. Extcnxicn of the time for payment or :nnmd,:fication of amortization of the sums secured <br /> by ?hi% -Mortgagc gra.nxed by Lcndcr to any successor"ir. interest of Rorr':v:•rr shall not operate to release, in am' manner, <br /> she habiliv of the originat Bo-Tower and Borrow'er's successors in interest. Lender shall not he required to commence <br /> procccdinat :against such successor or refuse to extend tirre for payment or otherwise modify amoriiiation of the sums <br /> ,WG' u:cd by this .Mortgage by rcau'tn of any. demand made by the original Borrower and Borrower's succesxom in interest. <br /> 11, Fort'iezranct by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br /> oibt r'wi,%c afforded by applicable law, shall not. he a waiver of or preclude the exercise of any such right or remedy. <br /> The proct:rement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br /> rake?, to accelerate the maturity. of the indebtednem secured by this Mortgage- <br /> 12. Rtntedies Ctamulativt. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br /> eeriedy ~indcr this Moongage or afforded by law or equity. and may be exercised concurrently, independently pr succestively. <br /> 13. Successom and A.vkns Bound; Joint and 5rvertal Liability, Captions. The covenants and agreent^nts herein <br /> contained !hail bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Boirower_ <br /> subj-0 to tot, provisions of paragraph 17 htxcof. All covenants and agreements of Borrower shall be joint and several, <br /> The captions and, headings of the paragraphs of this Mortgage are for convenience only and art not to he used to <br /> tntrrpret or define lire proviaonN hereof. <br /> 14. `r otict. Except for a:scy notice required under applicablt law to be given in another manner, (a) any notice to <br /> Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br /> the Prrapcny Addn-ss or at such other address as Borrower may designate by notice to Lender as provided hi'srcin, and <br /> (bi ane notice le Lender shall be given by cettift it mail. return receipt requested. to Tenders address stated herein rr to <br /> such other sddrexs as Tenter may desigm-tte by notice to Borrower as provided herein. Any notice provided for in this <br /> Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> 15. Valforrn'51long2ge; Governimy, Law; Severabitity, This form of mortgage combines uniforms covenants for national <br /> use and nm-uniform covenants. with limited variations by jurisdiction to constitute a uniform security instrument covering <br /> real prctpcrty. his Mortgage shall t4t 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 affect <br /> other provision. 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 acid the ote are declared to be severable, <br /> 16, R*rrxiiores Copy, Borrower thall he furnished a conformcd copy of the Note and of this Mortgage at the time <br /> of execution nr' after recordation hereof. <br /> 17. Trartsfer of the Property; Aswmpikus. 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, -xcluding (a) the creation of a lien or encumbrance subordinate to <br /> this Mortgage, (b') the creation of a purchase money security interest fur household appliances, (c) a transfer by devise, <br /> descent or by operations of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br /> not containing an Option to purchase. Under may, at Lender's option, declare all the sums secured by this Mortgage to be <br /> imrasediattly due and payable. !,:,ender s~ all have waived such option to accelerate if, prior to the sale or transfer. Lender <br /> an4 the, prrsoor. to whore the Property is to be sold or transferred reach agreement in writing that the credit of such person <br /> is satisfactors• to lxnder and shat the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br /> shall rrgucst~ If Lendcr has waived ti,te option to accelerate provided in this patagraph 17, and if Borrower's successor in <br /> intetc~t has ex•axuted a written assumption agrei meat accepted in writing by Lander, Lender shall release Borrower from all <br /> oi.4l1w!1 F*ns untfer this Mortgage and the Note, <br /> If 1.,&-nder escrcises such option to accek.rate, (ender shall mail. Borrower notice of acceleration in accordance with <br /> par-,ag„t'a.p% 14 1t,cnx)f. Such notice shall provide a period of not 'less tha:a 30 days from the date the notice is mailed within <br /> which Fkwrower may pay the, surrey doctamd dvc. If 'Borrower fails. to pay such str?ns prior to the:' expiration of such period, <br /> Lender ►,tay, Wilhom further notice or demand on RtreTow'er, invoke any retrroi ei l:ermittcd by paragraph 18 hereof, <br /> 'No-U?g1F(W.M. CavsrtArrrs. Borrower and Ixrd:~r further covenant and Agree as folkws: <br /> It. Actvlerrt"iou; Remedies. Except as p'roYi'I O is pamr*sph 17 koereof, upon Borrower's breath a,. any covenant or <br /> alrart,mest of Borrower fa this Mortriige•. Ixtttttelft:g the covenants to pry when due any sunits secured by this Mortgage, <br /> 1.&*b sir prtor to accelerative shlall a?aa notice to $ormwrr as providtd In psMraph 14 ;a* ea( specifying: (1) the breach; <br /> f2) the voctlp'rt rrgaaired to cam such breach; 0.1 t' date4 not less than 30 drys from the afaslt the notice is mailed to Borrower, <br /> by wrhkh aurh brearrh =ante be rtmd» sad (4) MM fAi ur•t to twee such riwescb ots or before the date specified in the notkt <br /> may rest in sicvelrarastit>tr. of the sans secured try this Mortgage, tortelmure by )ardkid proccedlaa, MW sate of the Property. <br /> 11be ootk* shill furthtr latfovin Sorrower of dw right to reinstate aline arceteiratiou and the rfgbf to assert is the forcrlosure <br /> prorterlift,ow non-e-%Weucr of a 4tfwit or any other deftwe of Scar*-et to occetemdoa scud f'bt tt. V the breach <br /> is not cvrtd on cw btfart the date specRie+d in the aoofte, lAader at Lendeen optkm toasty declare &D of the stems secured by <br /> ails iurtmar to be tar medLoWyr due seed payable writhaest furtkrtr demand and may tortdruse by Wichd prottedlug. Lender. <br /> skurda be entitled to to&Art fig mcb procsedtng all expt» of forelzlkn"sv, faidading., but not timittd to, eosr'at of documentary <br /> "Ars e&, aitrisr►rts arod dde rirportL, <br /> 19. Notrawtts ft`igrht to Reinstate. Notwithstanding Utrider'a acc:ekration of the sums secured by this Mortgage, <br /> R>trowcr tha;l bxvt the Uilfrit to ha•ec airy prtrteedings begun `!y I.aCndCr to enforce this Mortgagv discontinued at any time <br />