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<br />79-- 1~ ~~ .~ ~3 2 6 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shaft become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of paymenk, such <br />amounts shall be payable upon notice from Lender eo Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable taw, m which event such amounts shah bear interest at the highest rate <br />permisssble under applicable law, Nothing contained in this paragraph 7 shall requite ter:der to incur any expense or take <br />any action hereunder. <br />8. Inspeetlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Bottower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />g. Cosdcmnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shalt 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. Tn 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 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 ,T.arket value of the Property immcdiate!y prior to LF.e date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, aher notice by Lender to Borrower that the condemnor offers to make <br />an award 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 severed 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 />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to reiesse, 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 />11. Forbearance by Lender Not a Waiver. Any forbearance by Lendee in exercising any right or remedy heretmdeG or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shah not be a waiver of tender`s <br />right to accelerate [fie maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Caarulative. AH 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 successively. <br />13. Successors and Assigns Btta~; Joint and Several T,iaitBity; Captions. The covenants and agreements herein <br />contained shall bind,' and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The :options and headings of the paragraphs of this Ivfortgage are fcr convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. No#ice. Except for any notice required under applicable la+ to be given in another meaner, (a) any n€~.-_. to <br />BorrowaT provided for m this Mortgage shall be given by mailing such notice by certified mail addressed to Harrower 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 shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />1~. Uniform Mor#gage; Governing f~aw; SeverabBitr. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniforzrt security instrument rnvering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In fire <br />e~rent that any provision or clause of this ?.Trtgage or the Note conflicts with applicable law, such conflict shall not affect <br />other 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 Tr'ote are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assttmption. If al! or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a Iien or encumbrahce subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />doscent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or Tess <br />net containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. tender shall have waived such option to accelerate if, prior to the sate or transfer, Lender <br />and the person to whom [he Property is to be sold or transferred 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 such rate as Lender <br />shalt request. Tf Lender 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, tender shall release Borrower from alt <br />obligations under this Mortgage and the Note. <br />If tender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less Phan 30 days from the date the notice is maned within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender Wray, without further notice or demand on Harrower, invoke any remedies permitted by paragraph 18 hereof. <br />Norr-UNIFOaM CoveNnHrs. Borrower and Lender further covenant and agree as follows: <br />18. Acecler~hea; Remedies. Fscept as provided in per~rap6 17 hereof, upon Borrower's bresc6 of any covenant or <br />agreement of Borrowea ht this Mortgage, iacladiag the covenants fo pay when due any smsa seemed by this Mortgage, <br />Leader prior to aecelteratlon sbaB marl notice to Borrower ~ provideu in paragraph 14 Aereof specifying: (1) the breach; <br />(~ the ~ •molred to core such breach; (3) a date, not less than 3t! days from the date the notice is maHed to Borrower. <br />by ~Irich anelt branch mast m ¢~:~:; ~ ;41 That failnrc to care such breach on or before the date specl9ed in the aeotice <br />:ns4y result in accdention of the sums secured by this Mortgage, forectasart by judicial proceeding sad sale of the Property. <br />The notice shag farther inform Barrm+er of ibe t~M to restate after sccekration and the rigbt to assert fin the foreclosure <br />proescdLag ffie ttoattcistenea of a default or ray other defense of Borrower to acceleration and Poreclgssre. t$ flee breach <br />L [tot cared on or before the date specified in ttte notice, Lender at Lender's option may declam sB of the sums secured 6y <br />ibb Mortgage to 6e immediately due sad payable wHhont further demand and [tray foreclose by jvedicisl proceeding. Leader <br />sal be eatkled to collect is sack proceeding nil ea-;ceeses of foreclosure, inclndhrg, but not Om&ed to, casts of docameatary <br />evidence, abstracle sad tltk reports. <br />19. Borrowers R~ht to Rei~tale. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the tight to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />