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<br />LendePss written agraernent ar apglieatblr law. Bcw,rrnwer slhulli Ira,} thie iusmaktnn~a of ,ail m~orttgagn ins~turan~E prcrosurr~san the <br />manxter provided under paza;graph ~ ktEraaf. <br />Any amounts disbursed by Lender pursuant to this parao: spit '. wsth interest tltereoa, shall become additional <br />indebtedness of B:n-vi3~er se^~red ?+y This Mnrtg~ae. I_nl-ss 8cr.',Rer and Ler:;kr agree 20 oth^,r terms of pxy~nt. such <br />amounts shall be payable upon notice from Lender to Born,wcr requesting payment thereof. and shall bear interest from the <br />date of disbursement at the rate payable from time ti• time :~.: L`L',ctarrl;ng pr;ncil-al under the Note unless payment of <br />interest at such rate would be contrary to applicable taw, in which evrnt sash amounts shall bear interest at the higlxst rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expertse or take <br />any action bereunber. <br />8. Inspection. Lender may make or cause to be made reasonable entries anon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any sucfi inspection specifying rea tenable cause therefor related to Lender s <br />interest in the Property. <br />9. Condemnetlon. The proceed, of any award or claim for dama¢es, direct or conuquential, 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 partiaE 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 tiior,gage 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 tbe balance of the proceeds <br />paid to Borrower. <br />If the Propem; is abandoned by Borrower, or if. after 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 Lr.:_der within 30 days after [he 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 app&caticn of prosse~?~ to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof qr 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 release, in any manner, <br />the liability of the original Borrower and Borrowers successor<_ in interest. Lender shah not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise mcxlify amortization of tbe sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />11. Forbearance try Lender Not a VYaiver. 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 rertr~y. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shalt not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cnmolative. Alt 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 suceessively. <br />13. Snccesaors and A_~~ Bound; Ioint and Several f.iab0ity; Captions. The covenants and agreements herein <br />contained shalt 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 pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Nofke. 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 Lenders 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 />13. Uniform Mortgage; Governing I.sw; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />rest property. This Mortgage shall he governed by the law 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 conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and ea this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. 1Borrower's Copy. 1orrower 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; 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 (d) the grant of any leasehold interest of three years or less <br />rat containing at+. oprior. to pu*chass, 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 ptrson <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, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations 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 shalt provide a period of not less than 30 days from the date the notice is mailed 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 tray, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />No»-U»tPOttTr Cave»w»~rs. Harrower and Lender further covenant and agree as follows; <br />1& Aceelaration; Reme~es. Fscept ae provided in paragraph 17 hereof, spore Borrower's breach of say covenant or <br />agreeasent of Borrower in this Mortgage, iacladioe the covenants to pay when due any snffi secured by thb Mnrtga$e, <br />Lender prior /o fceekratfou shad maN aotke to Borrower as provided la paragraph 14 hereof specifyle~g: (1) the breach: <br />12) tie actlen regnirEd to curs such breach; (3) a date, not leas tbaa 30 days from the date the notice b mailed to Borrower, <br />by wikh sucfi breach ttsnst be etrred; sad (4) fiat failare to care each breach oa or before the date epeciBed in the ttodce <br />toay rewlt ks aableratbe of lire wtas secured by rile Mortgtt$E, torecioenrc by judk[al proceedfog sad sale of the Property, <br />'[fie nudee s6a8 [trAhrr form Borrower ~ tie siEbt to rs~Ctate after acceleration and tie rtgit to assert in the fereclostue <br />. proceedi~ lie noa•ettiatsace of • dehdt or any other defense of Borrower to sxcckratfoa aml forecbwre. if tbE breach <br />k trot laical an or kdort Ike data spacl~d is tks notice, I.endd~ at lea option may declare dl of the sums secured by <br />I~ 10 he lly due and payable witkoot further demand and may forecbse by jadklal procesdit~t. LetNler <br />• be Bard lea EoBect fn suet paoceedirg ~ eapetrsra of foreclosure, ineladiag. but rat iimked to, coats of documentary <br />av3datrEe, ab#r~ta and tide repaa4t, <br />14. Baarawes'a ao R~ttitate. Ngiwithstanding Lender's acceleration of the sums secured by this Muregage, <br />)}.vrQw@r shall have the rfgltt to have arty proceedings begun by Lender to enforce phis Mr;rtgage discontinued ar any time <br />