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r-~- <br />l <br />79-- ~1~.3.~i~$ <br />Lender's written agreement or applicable law. Borrower shall pay the amount of a!t mortgage insurance. premiums in the <br />,ilar~iic£ pi (rridcu under paragraph [ irereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured 6y this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shah be payable upon notice from Lender to Barowcr regv sting payment tMreaf, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstandine principal under the Note unless payment of <br />in*.erest at such rate would be conirar~ to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. itiathing contained in-ffiis paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder.- <br />- g. lnspection• Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Harrower notice prior to any such inspectiaa specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9, Candemnatbn. The proceeds o€ any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other faking 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 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 Harrower. In the event of a partial taking of the Property, unless Borrower and- Lender <br />otherwise agree in writing, there shall be apalied 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 date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the batarce of the proceeds <br />paid to Harrower. <br />If the Proper:y is abandoned by Borrower, or if, after notice by Lander to Borrower that the condemnor offers to make <br />an award ar set€le a claim for damages, Ho;rower 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 referred to in paragraphs i and 2 hereof or change the amount of <br />such installments. <br />16. Borrower Not Released. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shell not operate to release, in any meaner, <br />the Gabitity 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 Borrowei s successors in interest. <br />li. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt net be a waiver of or preclude the exercise of any su^h right or remedy. <br />'Etta praeuremeni of insurance or the pavmeni of taxes or-other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secnred by this Mortgage. <br />12. Remedies Camulative. All remedies provided in this Mortgage are distsnct and cumulative to any outer right or <br />remedy under this biartgage or afforded by taw or equity, and may be exercised concurrently, independently ar successively. <br />23. Saeeessora and Aswigas Hound; inlet and Several Liability; Captious. The covenants and agrewnents .herein <br />eontairrd shall bind, and the rights hereunder shall inure to, the respective successors and assigns a# Lender and Borrower, <br />subject to the provisions of paragraph IT hereof. All covenants and agmements of Horiower shall be joint and several. <br />The ca;;tions and headings of the paragraphs of -this Mortgage are for convenience only and ate not to be usrd to <br />interpret ar defne the provisions hereof. <br />Id. Notice: Except for arty notice requited under apgiicabk law to be given in another manner, (a} any notice to <br />Harrower provided for in this Mortgage shall be given 6y mailing. sack-notice by certified mail. addressed 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 Lender shalt 1>v given by certifr,.d mail, retain rer.:ipt requested. To Lender's address orated herein oe to <br />such other address as Lender may designate by entire to Harrower as provided herein: Any notice provided far iri ibis <br />Mortgage shalt be deemed to have keen given to Harrower or I~nder-whin given in fire manner' designa#ed herein. <br />25. Uniform Mortgage; tovexairg Law; Severabitity. This form of mortgage combines uniform covenants far national <br />us-e 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 law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage yr the Note conflicts with applicable law, such cartflict shelf not affect <br />other pravssians o€ this Mortgage or the Nate which ran he given effect without the conflicting provirsian, and to-this <br />end the provisions of the Mortgage and the Note are declared to be severatsle. <br />26, liotrriwer's Capy. Borrower shall he furnished a conformed copy of tfie Note and of this Mor,Qage at tfie time <br />of execution ar after recordation hereof. <br />2T. 'Ctsa=fr. tsf !~ Pragery; ..awa-,pdan. If all or arty part of the rroperry or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon tine death of a join tenant or !d) the grant of any leasehold intemst of throe years or less <br />not containsng an option to purchase, Lender may, at Lender's option. declare all the sums soured by this Mortgage to be <br />immrrliately doe and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer; Lena <br />acrd the gersort io wfioty the Property is to be soil or trans`.rred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the izterest payable an the sums secured by this Mortgage shall be at such rate as Lehr <br />snail :aquest. If Lender has waived the option to accelerate provided in this paragraph IT, and if Borrower's successor in <br />interest has executed a written asst,rrtption agreement accepted in writing by Lender, Lender shalt release Borrower fwm ail <br />obtitatirxts under this Mattgage and the Nate:.. <br />if Lender exercises such option to acceerate, Lender shall mail Borrower. notice of acceleration in accordance with <br />paragraph 14 hereo#. Suw~t notice shall provide a period of not less than 30 days from the data the notice is mat'kd within <br />w-hicis Harrower may pay the sums declared due. If Harrower fails ro pay such sums prior to the expiration of such- period, <br />Lender may, :without further aatice or demand on Borrower. invoke any remedies permiKed by garagragh 18 hereof. <br />;3~tt ra~ve.~a,rzs- Hozrower and Lender furth=r covenant and agree as follows: <br />i8. Via: Remus. iExecpt as pnevhbed im paragraph 17 6ereaf, aeon Bormwet's breach of-any rovetr~t ~ <br />> ®( ]iiarzrtwer ~-~ ~Gt irteladiag tier rawenartts to pay wbea doe any same seeared by this ~• <br />T.cemtl~ ~ aera5satiaa t ms3i a to 8err~wet a€ $reavidad ~ parr~raph 24 bs[earf `~: (12 the bratsb•, <br />(2) Coe attltm to tm1: ~i breach; (3l a-. ant leas ibaa 30 dys from the date,tite notice is mrrled to Bert wet, <br />by .rte atte6 breach be cereal sad f4) ire ~ care each breach oa or btdore tae detc a~eeiHed is the rtotiee - <br />tatt;y t bs rittiate a~ tie asp aetsefied by Mortgtt~ fnreclosuce by ir,i ~ aad sale of the F+~. <br />Tba a ata~ infetm Bars®r-er ~ tl~, r to ~ a ace~n ~ ~bt to assert ~ ebe fareclosnre <br />ifse ~-~nt~t~nc~ or: ~ ~ r~ i-day at aw~r r~ t~eete~toa t~ €irerlt~r~ u ~ Ott <br />. ir: teat raw±ed oe aw before the date ~fec~'ia. the I>: tetrtler-lit Leader's a n>ltr decbrre all of ~:_arrn secnaed try <br />to ~ ~ doe and ~. wad farther dessad mad-may foreclox by ~diciat Praceetlieg. Lentkr <br />ife ~Hed to co#ect br saclt,proceedimg.~ exirai et tie. lacludt~, bet-real iitist_~ed t~, es~ ..f ~a,:*~-rY <br />t~ abetnets and dde re;~~ita. <br />13 llrerrawet's ltli~t to Reese. Notwithstanding Lender'3 acceleration. of the sums secured by this Mortgage, <br />Harrower shalt have the right to have any proceedings begun by Lender to bnforce this Mortgage discontinued at any time <br />