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~ .U is"~ raj r~~l~~. i!I'w <br />Iii,, ~ lip <br />l.,t~wittr's tai^eitttn ipygnet.~anent txr alsplsc~ulbie~ Law,. BCSrrtaweie ~~shiii pay ribs umt3~+.~n~~M of ~a1P n~tTrrsgaga~~ irs~sura~rtca Iprcm~HUrra~a an tka+r <br />maar~ner pr+bvidtd unda.r parmgra*sh 2 her~eaf. <br />Any arnaunts disbursed by^ isrtdtr pvu°svar:i .a obis paragraph 7. wi?h inatre~t tPttreon^ s1taY'1 besontt additional <br />indebtedness of Borrower setureri by Lhis Mortgage. Unless $arrawer and Len:Ier agree to other itrms of payznz:nt. s.:ch <br />ama;nts shall Ix payablt upon mice from Letrdtr to Barrowtr requesting pa3^ment thtre~f, and shah bear interest from its <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 wculd be contrary to applicable law, in which event such amounts shalt tzar interest at the highest tart <br />permissible under applicable law. Nothing containd in this paragraph 7 shall require Lender to incur any experut or take <br />any action hereunder. <br />8. ispection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Harrower nonce prior to any such inspection specifying reasonable cause therefor rtiated to Lender's <br />interest in the Property. <br />9. Caademrretion. The proceeds of any award or claim for damages. direct or consequential, in connection with any <br />condemnation sr other taking of the Prapertg, o: part thereof, or for conveyance in situ of condemnation. are hereby assigned <br />anti shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums sectored by this Mortgage. <br />with the excess, if any, paid to Borrower. In the event of a partial iat.ing of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shah 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 dart of <br />taking hears to r1.e fair aiarkct valiit of the Propery immediately prior to the date of taking, with the balance of the procceds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by bender 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 />maild, Linder is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the soma 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 />1Q. Borrower Nat Released. F.xtenslon 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 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 Leo~r Not a Waiver. Any forbearance by Lender in exercising any right or remdy hereunder, or <br />otherwise afforded by applicable taw, shalt 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. Remedies Cnmulat#ve. Ail 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 sad Ass~os Bound; Joint-and Several iiabBlty; 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 captions and headings of the paragraphs of this Mortgage are far convenience only and are not to be nsd to <br />interpret or define the psavisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shat(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 />tb) 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 Harrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mosgage; tsovetmirrg Law; Sevetntbllity. This form of mortgage combines uniform covenants for national <br />use sad nen-uniform covenants with limited variations by jurisdiction to cdnstitute a uniform securiry instrurtwnt covering <br />real property, This Mortgage shall be gavemed by the law of the jurisdiction in which the Property is lacaied, In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable taw, such conflict shall not affect <br />other provisions of This Mortgage or the Note whicfi can be given effect without the conflicting pros~sion, and to Chia <br />end the provisions of the Mortgage and the Note art declared to be severable. <br />iS. Borrower's Copy. Harrower 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. Trarofer of the Property; Atr~rmption. If all 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 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 the death of a joint tenant a: (d) the g;ani of any leasehold interest of Three yeas or less <br />not 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. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the 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 />stroll request. if 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 acceptd in writing by Lender, Lender shall release Borrower from alt <br />obtigationa under this Mortgage and the Note. <br />If Lender 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 mrt less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declard due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further nonce or demand on Borrower, invoke any rrmediea permitted 6y paragraph 18 hereof. <br />Nary-Uxiroata Covsxetvrs. Borrower and Lender further covenant and agree as follows: <br />18, tlccelerrNloa; Reaxdlat. Facept as provided h paragnptr 17 hereof, apoa Borrower's hreac# of soy coveoao2 or <br />sBraareat of Borrower ie thk Mor~age, iaciudia` the covenants to pay w#eo doe say snms secorod h? this Morigase, <br />Leader prior to acalerafioa shoo mail watice to Itocrower as provided is parsglraph 14 hereef specifying: tt) fhe breach; <br />(Z) the acHoa to ems each breach; !3) a dots, sot tees than 30 days from the date the eoNce # mailed to Borrower, <br />bg tFiric# sac# bseach mac! Tse eared; sad (4) that fadnre to care such hreac# on or 6dore the doh speri6ed in the mike <br />slay retuk !n aecatersetaa ref the Gams scented h3' this Mortgage, faraclosar,e try jodichl proceeding and sate of the Tropetrty. <br />'Ilse tsetlce trttaB Eeattar-irt~arm Borrower ~ 3~ right to reinatatc after accderNion sad tiro r~ht to assert io the forcelnsorc <br />pEOE!Cddlag tlr0 aaa-aYliteaL'e ~ i defNdt m' lay athsr defsase of BOrfa7-W t0 ACCEIIratioa a6d fOrtttCiarC. If t#E br@aCb <br />B-set et~ed as ai i)idort t#O doh speelied fa the aotierr l.eoder at Leader's Opt~ll-may declare sift of the sums serr~~ed by <br />tltlr ~ ea he do doe sad pay~ie without tarter demaMi;.~.n~d„~ma~y forecioas #Y }udkiai proccedi~. Lsadtr <br />fi~ ha eatitlsd !C eoBect #r. sash ptu¢ced#~ alg expsaees flf fa!lel6aripl, °.....+ it fat 80t BmitEd for COari Of dflC9nllalary <br />svb3eacs, a6etracb sad tl#le . <br />1R Batrowefs titl~t W Rsirrtah. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Bornt:wer shaft have the rfgh! ro have any pracesdisr~ begun by Lender to enforce this Mortgage discontinued at any time <br />