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79- t~~;%~1~ <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 hertof. <br />Any amounts disbursed by Lender pursuant to ¢his 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 shalt be payable upon notice from Lender to Horn;wer requesting payment thereof, and shal] bear interest from the <br />date gf disbursement at the cafe payable fmm time fo time on ouestandmg principal under the No[e un]ess payment of <br />interest at such rate would be contrary to applicable taw, in which event sue h a,Yiaunts shall bear faterest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and iospectians of the Property, provided <br />that Lender shad give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Larder's <br />interest in the Property. <br />9. Comlemoation. 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 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 Borrower. In the event of a partial taking of the Property, unless Bortawer and Lender <br />otherwise agrtt in writing, there shall be applied to the sums -ecured 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 balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Bortower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond Eo Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds. ai Lenders option, either to restoration or repair of the <br />Property cr 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 />it). 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 release, in any :Wanner, <br />the liability of the original Borrower and Bortower'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 />ii. Forbeanrrce by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, 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 shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12, Reterrdles Cumuhrtive, All 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 />i3. Successors and Assigns Bound; Iant and Several i.iability; Captious. The covenants and agreements herein <br />contained snail bind, and the rights hereunder shall inure to, the mspec~ivc successors and assigns of Lrnder and Borrower. <br />subject to the provisions of paragraph 17 hereof. Ali covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpteY ar define the provisions hereof. <br />id. Notice. Except for any notice required under applicable ]aw to be given ir. arothrr manner, (a) any notice to <br />Borrower provided for in this Mortgage shag 6e given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such ocher address as Borrower may designate by noticE to Linder as provided herein, and <br />(bj any notice to Lender shall be given by certified malt, return receipt requested. to Lender's address stated herein or to <br />such- other oddness as Lender may designate by notice to Barmwer as provided herein. Any notice provided for in this <br />Mortgage snail be deemed to have been given to Borrower ar Lender when given in the manner designated herein. <br />1§. Uniform Mortgage; Governing Lase; SevrrabBiK. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with ]invited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed h}• the taw of the jursdiction in which Ehe Property is located. In the <br />event that an}' provision or clause of this :Mortgage ar the '.gate a?nflicts with applicable law. such conflict shall not affect <br />other provisions of this Mortgage ar the tiate which can be given effect without the conflicting prevision. and to this <br />end the provisions of the Mortgage and the time are declared tx~ be severable. <br />IS. Borrower's Cagy. Harrower shalt be fu;n:e;^,;d a ,:cnfar`*:ted copy of the `Tote and of this Mortgage at rite time <br />of execution os after recordation hereof. <br />17. Transfer of the Property; Assumption. if alt ar an}• part of the Property or an interest therein is sold ar transferred <br />by Borrower without Lender's actor written consent. excluding rat the creation of a lien or encumbrance subordinate to <br />this Mortgage. (h) the creation of a purchase money security interest for household appliances, lc} a transfer by devise. <br />descent or by operation of taw upon the death of a joint tenant or tit the Brant of any leasehold interest of there years or ltss <br />no[ containing an option to purchase. Lender may. at Lender's option. declare ail the sums secured by [his Mortgage to be <br />immediately due and payable. Lender shalt have ~'aived such aptian to accelerate if, prior to the sale er transfer. Lender <br />and the person to whom the Property is m be said ar transferred reach agreement in writing that the credit of such person <br />is satisfaeten= to Leader and that the interest pa}able en thq runts secured by this T.forteage shall be az such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph t7, and i` Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by i.ender. Lender shall release Harrower from alt <br />obligations under this Mortgage and the Note. <br />if Lender exercises such notion to accelerate. Lender ~'~~:H .r.ai1 Harrower notice of zcceleratian in accordance with <br />paragraph T4 hereof. Such notice shalt provide a perit~d of Hat ':css than 34 days fram the date the notice is mailed within <br />which $arrower may pay the sums declared due. if Borra..er faits ,n pay such sums prier to the expiration cf such period, <br />Lender may, withoatt further notice or demand an Harrower. ;evoke an}' remedies permitted by paragraph 1$ hereof. <br />Nox-U?I¢FQRM Covatvertrs. Barrawer and Lender further covenant and agree as faliaws~ <br />ill, Acceleration; Rernemes. Except as provided io paraanph 17 Arreof, upon Borrowers breacb of any covcrrant or <br />agreement of Borrower in this Mortgatgr, inriudireg the covenants to pay wisau due ang sums secured by tbis 4foHgage, <br />Leader prior to acse~ratron shag mat? notice to Borrower as provided is paragraph t4 hereof specifying: (t} the breach; <br />(2j the aadiou required to crtre sneh breach; (3) a dme, not kss than aft days from the date the Holier is maikd to Borrower, <br />lay-which such breach must be cured; and f41 that faiiorx to enre such breach ou ar before tke darn speeltred is the nolne <br />may eesutl hi acce#eration of the sneers secured 6y this Mortgate, foreclasnrr by judicial procredir~ sad sale of the Property. <br />'t'he notice shai6 further inform Borrower of the right to reimtme after acceeraton and the right to assert io the foreclosure <br />proceetllag. the twn-existence of a default or any other defense of Borrower to acrekntion and foreclosure. If the 6reac6 <br />h nor cured on or before the datz speritied in the notice, Exudes at Lenders option mug declare aH of the sums serrated by <br />~ Mortgage to be immediately dtre aml payaFtk without further demand sad may foreclose by judicial proceeding. Lender <br />shalt he entitled to eoiket ire such proceeding all expenses of foreclosure, including, but net limked t0. costs of documrntary <br />evidence, abstracts and title txpoets. <br />iq. Eorrowers Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by [his Mortgage. <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />