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'`~ y i r1 <br />~J ~'`"`" 0.J K.~ ~u~~w .*.. ~~,b ~i <br />Lamd'er'~Pi wrrt[em ~a,gree~meat or appli~ca,ble law. '~Bcurrnw~er steal[ pay teas arnaxu~nt of al'd mortgage ittsuranac~~ premioms in rim <br />mantrt:r provided under paragrapt: ~ hemeoY. <br />Any amounts disbursed by Len~r pursuant to this paragraph 7. with initrat thereon, shalt became additions! <br />indebtedness of Borrower cured try this Mortgage. Unless Borrower and Lender agrrr. [o other Yerms of payment, such <br />amounts shalt be payable upon notice from Lender to Borrower requesting paytnent thereof, and shall bear interest from the <br />date of disbursement at the rate payabk from time to lime on outstanding principal under the Note unless payment of <br />interest at such rate would be contrery to applicable taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expellee or take <br />any action hereurder. <br />8. Inspection. ixnder may make or cause to be made reasonabte entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />4. Condemnation. The proceeds of any award or claim for damages, direct or consequentiah 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 shalt be applied *.o the st:ms scoured by *.ttis kfortgage, <br />with the excess, if any, paid to Bcrrower. In the event of a partial taking of the Property, uriess 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 to the da*.e of taking, with the balance cf the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or seltle 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 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 />10. Borrower Not Released. Extension of the time far 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 s~~ms <br />secured by this Mortgage by reason of any demand made by the original Harrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of o:• 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 20 accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Ct®alaHve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Soeeessors sad Assigns Bound; Joiat acrd Several i.iability; traptiaas. 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 for convenience only and are not to be used to <br />interpret or define the provisions 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 shall 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 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Goveraiag Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />ttse and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrttment covering <br />real property. This Mortgage shall be governed by the taw of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such canftici shall not affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note 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. Traa~er of the Property; Assumption. 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 or td} the grant of any leasehold interat of three years 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 />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, aad if Borrower's successor in <br />interest has executed s written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations tender 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 not less than 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 may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 heroof. <br />Nox-Utvtaoatot CovErv~tv~rs. Borrower and Lender further covenant and agree as follows: <br />I8. Accekratlon; Remedka Ettcept sa provided is paragraph 17 hereof, upon Borrower's breach of say rnveaant or <br />a6reemeat of Borrower is this Mortgage, Iachtdle:g the covenants to pay when doe any sums secured by the Mor~age, <br />Leader prior to acceleration shall ataB notice fo Borrower as provided is paragraph 14 hereof specifying: (1) the breach; <br />(Z) elm aetltta re9~d to cme oath breach; (3) a date, not km tYrn 39 days from Hie date the notice is mailed to Herrewer, <br />by which ~ breach meat fie carted; asd (4) that faHure to cure snch breach on ar before the date specifkd is the tansies <br />may treanlt br occelerWoa of Rho seams secured by ibis MorlgaQe, forecl~nre by judicial proceednag and sak of the Property. <br />The aotkx tthaH farther laferm Harrower of the r~ht to relastate after accelerattoo sad the right to assert 3a the forechranre <br />.praeeedbp the naa~adetenee of a detaalt or asy other detemce of Borrower to acceleration sad foreclosure. )ff the breach <br />b not c tm or befot+e the date specllied Ia the aatke, Leader at Leader's option awy dechire all of the suot$ secured by <br />this RiortgaEe m be imantdhddy due s~ payer wdhotN farther demand and may foreclose by jadic~l proceeding. Leader <br />~ be eat~$ io caHect ~ each preeeedlag aB expenses of foreelosarr, iacin6dng, but sot limited to, costs of docameatary <br />evi&aece, abtdracfa a~ title repnris. <br />19. ~rrsss¢x'e R~ht tat Reimate. Not3xithstanding Lender's acceleration of the sums seeared by this Mortgage, <br />Puorritwer shall have the tight to have say peoceedings begun by Lender to enforce This Mortgage discontinued at any time <br />