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73-® ~_~~~.~~.8~ <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided tinder paragraph 2 hereof. <br />Any amounts disbursed by Lender 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 />amatnts shaii be payable upon notice from i.endcr ro Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on atttstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in .this paragraph 7 shalt require Lender to incur any expense or take <br />any action hereunder. <br />B. [nspec[ian. Lender may make or cause to be made rasonabls entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonahle cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. 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 pan thereof. or far 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 proceed shall be applied to the sums secured by this Mortgage, <br />with the excess, if any, paid to Borrower. In the went 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 market value of the Property immediately prior ro 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 ro Borrower that the condemnor offers to make <br />an award or seifle a claim for damages, Borrower fails to respond to Lender within 3Q daps 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 ar to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, an}• such application of proceeds to principal shaii 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 />10. $orrower 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 shat! not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against such successor or reface 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 Borraw•er's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any farbeararce by Tender in e.~ercising any right ar remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exsrcise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges b} bender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this A9ortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law ar equity, and ma}' be eyercised rnncurrcotl}', independently or successivel}'. <br />13. Sa€cessors and Assigns Bound; 3oint and Several i,iabilih: Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns et Lender and Borrower, <br />subiect to the provisions of paragraph 17 hereof. Ail covenants ar+.d agreemen?s of Horrowe* <hall be ;Dint and severah <br />The captions and headings of the paragraphs of this Mortgage are for canvenicncc onl} and are not to t>r useu to <br />interpret or 3efine the provisions hereof. <br />i4. iotise, irx€cpt for any notice required under applicable taw to be 4iven in another manner, (a) any nadce to <br />Borrower provided for in this Mortgage shalt be given by mailing such 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 shall be given by certi5ed mail, return receipt requested. to Lsnder's address stated herein or io <br />such other address as Lender may designate by notice to Borrower as provided herein. Anp notice provided for in this <br />Mortgage shalt be deemed to have been given to Borrower or ;.ender when given ir. the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This farm of mortgage combines uniform covenants fur national <br />use and non-uniform covenants with limited variations by jurisdiction in constitute a uniforrn sccaritc instrument covering <br />real property. This Mortgage shaii be governed by the taw of the ;urisdictien in which tF.e Property is located. In the <br />event that any provision or clause of this Mortgage or the Nate conflicts with applicable law. snch conflict shaii not affect <br />other provisions of this Mortgage ar the Nme which can be Divan effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the lore are declared to be severable. <br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />1T. Transfer of the Property; A~umption. If all or any part of the Property or an interest therein is said ar transferred <br />by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance suhordinatc to <br />this Mortgage, (b) the creation of a purchase money security interest for hrntsehoid appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or idt the grant of any leasehold ;merest of three nears or less <br />not containing an option to purchase. [.ender may. at Lender s option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer. Lender <br />and the person to whom the Propert}' is to be said or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the ;merest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request If Lender has waived the option to accelerate provided in this paragraph 77, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Londe., Lender shalt release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shalt mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a p€riod of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Barroser folk ro pay such sums prior to the expiration of such period. <br />Lender may, wkhout further nottcc or demand on Borrower, invoke any remedies permitted by paragraph i S hereof. <br />1Vota-Uxtt=oxna CovEN,+t.rs. Harrower and Lender further covcnnnt and agree as follows: <br />t$. Asce[eration; Remedies Ex€egt as provided in paragraph 17 hereof, npon Borrower's breach of any covenant or <br />~reement of $arrower in uses Iortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Leader prier to a€eeleratioo shag ma8 notice to Borrower as provided in paragraph [A hereof specifying: (Ij the breach; <br />(2} the aetinn regained to care such breach; (3) a date. not tens than 30 days from the date the notice is mailed to Borrower, <br />by which sack breach mast be cured; and {4) that failure to cure such breach on or before the date specified en the no8ce <br />may recall in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sate of the Property. <br />The not;€e shalt farther inform Borrower of the right to reiessYate afrer acceleration and the right to assert eu the foreclosure <br />proceeding the non-eaiatence of a defsait or any other defame of Borrower to acceleration and foreclosure. If the Dreaeh <br />is nod cured on or before the date specified in the notice, Lender at [xnder's option may declare all of the sums secured by <br />ilk :ioAgage to be immediately due and payable wklwut further demand and may foreclose by judicial proceedngg. Lender <br />•shaii be eetitfled to collect in sash proceedir~ all expenses of foreclosure, inetuding, but not limited to, costs of do€omeatary <br />evidence, abstracts and title reparfs. <br />14. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun by [..ender to enforce this Mortgage discontinued at any time <br />,.ttid* <br />