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79-vt~ ~ ~ ~`~ <br />Lenders written agreement or applicable law. $arrawer shall pay the amount of ail martgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Fender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall t!e payable upon notice from Lender to Borrower requesting payment thereof, and shal3 hear interest from the <br />date of disbursement at the rate payable from time to time an outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to appticable law. in which event such amounts shall bear interest at the highest rate <br />petmissiele under appticable law. Nothing cantairied i,-. -this paragraph '. shall require Lender to incur any expense nr #ake <br />anY action hereunder. <br />8: Issgee'.urs. Lender may matte nr cause to he made reasonable entries open and inspeciians of the Prapzrty, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Leader's <br />interest in the Property. <br />9. Condemsat8rrn. The proceeds of ary award ar claim for damages, direct ar consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu o` condemnation, are hereby assigned <br />and shad 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 Borrower. In the event of a partial taking of the Property, unless Harrower and Lender <br />.otherwise agree in writing, there shall be applied to the sums secured by this Alortgage such proporrinn of -the proceeds <br />as is equal is that proportion which the amount of the sums szcured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prier Eo the date of taking, with the balance of the proceeds <br />paid #a Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make <br />sn award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the dale such notice is <br />mailed, Lender is authorized to collect and apgly the proceeds. at Lender's option, either to restoration or repair of ttre <br />Property ar to the sums secured by this Mortgage. <br />TJnless Lender and Harrower 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 instailtnett[s. <br />tti. Borrower Not Released. Extension of the time far payment or madificatian of amortization of the sums secured <br />by this Mortgage granted by Lender io any successor in interest of Borrower shalt not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall net 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 'rr. t~terest. <br />71. Faebearanee by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by appticable law, shalt not be a waiver of or preclude the exercise of any such right or remedy. <br />The pro:.urement of insurance or the payment of taxes or tither liens or chargws by L~der shah clot be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this MntYgage. <br />li. Remedies Cttma}aNve. Ali remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be exercised concurrently, independently or sncctssiveiy. <br />13. Saccessots and Assigns Boattd; Joiat and Several F.iab&ty; Captiaits. 'E7te covenants and agreements het•ein <br />eonrained shall bind, and the rights hereunder shah inure ia, the resFeciive. successors and assigns of Lcndir ar~d Bs, ~'°- <br />sabject to €he pmv'tsinns of naragrsph 17 hereof. Ali covenants and agreements of Horrower shall be joint and several. <br />The captions and headings of the paragraphs of ibis Mortgage are for convenience Doty and are net to be used to <br />interpret ar define the provisions hereof. <br />14~ Notice. Bactpt for any notice required under appticable law to be given in another manner, (a} any notice to <br />Harrower provided for in this Mortgage shall be given by mailing such notice by certifir~ mail addressed to Harrower at <br />the Property Address nr at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(it} any notice €o Lender shalt be given by certified mail, return receipt requested. to Lender's address stated herein or to <br />stick other address as Lender may designate by notice to Borrower as provided herein- Any notice gravided for in this <br />Mortgage shall be deemed to have been given to Borrowzr or Lender when given in the manner designated herein. <br />15. >C3aifotat Mortgage; Governing Law; S,pver'sYy. Tris farm of martgage cnmbt.~es uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security inshument covering <br />real property. Thts Mortgage shall 6e governtd by the law of the jurisdiction in which the Property is located, In -the <br />even€ that any provision or clause of this Mortgage ar the Neie conflicts with applicable law, such conflict shall oat affect <br />other provisions of this Mortgage ar the Note which can ;se given elfeet without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be ~verable. <br />iQ. Borrower's Capt. Borrower shall be furnished a confarned copy of the Note and of this Mortgage at the time <br />of exeeutr ar after i~orda;ion hereof. <br />17. Transfer of the Property; A~atrsptlan. if a!1 0: any part of the Property or an interest therein is said or transferred <br />by Borrower without Lender's prior written consent. excluding ta) thz creation of a lien ar 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 the death of a joint tenant nr td) eke grant of any leasehold interest at throe }'ears nr less <br />not containing an option m purchase, Lem3er may, at Lender's option, declare alt the sums secured by this Mortgage to be <br />itnrrtediately doe and payable. Lender shall have waived such option to accelerate if, Prior to the sale or transfer, Letxkr <br />and rite person to whom tote Property is to tse sold or transferred reach agreement in writing that the cralit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be ai such rate as Lender <br />sltail request. If Lender has waived the cptian to accelerate provided in this paragraph i7, and if Borrower's successor in <br />interest Mss executed a written assumgtsan agreement accepted in writing by Lender, Lender shad release Borrower from all <br />abligadons under this Mortgage and the Nou. <br />If Lemier exercises streM option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph t4 hereof. Such notice shall provide a period of not less than 30 days from the dais fhe notice is mailed within <br />which Barmwer may pay the sutrxr declared due. tf Borrower fails ro pay such wms prior to the expiration of such period. <br />Lender tray, without furtl~r notice or dsttraml on Borrower. invoke any remedies permitted by paragraph. l8 hereof. <br />Nate-UNIFQAM ~aVSNAtdTS. Borrower sod Lender further covenant and agree as follows: <br />f8. Aecderatios; Retttedies. Erupt as provided it- paragraph i7 hereo#, epos Borrover's Frreaeh of nag covet or <br />agreeateat.trf Borrower in this Mortgage, ~etadla9g the covenants t0 pay XhEa' dste 9aY SBttffi bYCUred ~)' tlil6 Mar~ags, <br />Cssder P~ m aesireratioa asaB twee to $orra+wer as pravttied is paragraph I4 hetesf sue: tt}-the breach; <br />(2} the artiQa required to care tmeh hmtch; i3} a elate, eat t~ than 36 -days from the date the entice is stalled to Borrower, <br />- ~-Widi'h 6[Mh breach-ffiiist he eirred' itPad ~} Ehet fa~BrE ~ CdM 8aeh breach O'~n~D,Y~-~~{Rf4rC 1~ llleti-~.iN thE--Hal~iC2 <br />i 7eHiilt ill ~RfY~` 'OMYYtiOR 6f t 67~S~s i6~- G~ iti}S ~Sds:s-flYF4K:l'~i13'N-_i!Y g+c.+a.,.~~--ice,'-A~d Qt! the rrapll~`.: <br />' satke zlu~ ftuthee Haan Harrower of the right to sclestate afi+er arcelCrmion and the right to assert in the farackisore <br />the of a deTaoit ar >~ other deteuse of $arzasser to asteitratian foreclosure. If the Iircaeh <br />b rmt emod' oe sr befar+e the data to tfse oatke, li.egdet at l~ optioi9 may declare aR of the same secured by <br />Eiiot#t m 1~ doe ~ payal~e wB}toW fnrt}trr demand sad stay. foreclose 6y jttdiciat proresdiug. Leedor <br />sly be enter !o ca)ieet itv srech ~ aH rtpeases of forerluavcre ~ bttt oat limited to; casts of dorttrtentary <br />ev9deace, absfrarts asd tkle reports: <br />I9. -Borrower's hr ReimtrNa Notwithslatiding Lendei s acceleration of the sums secured by this Mortgage, <br />Harrower shalt Mave the right to have any proceediigs begun by Lender to enforce this Mortgage dis.:ontinued at any time <br />~' , <br />