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<br />I,en~iier"s written agreement or applicable law. BGprrrrwcr shaa9ll pa,y €,i}ar aur¢our¢t pull all inp"rtgarge, ntauranpe prerahiurns i€u tthe <br />manner pYOVided under paragraph 7 hereof. <br />Any amounts. disbarss~d by Ixumder pursa.¢arrt ¢o this paragraph 7. ^»Vlu€h 'p,nicr!~st t.h~ercoo. shall becoime additii~ainal <br />indebtedness of Borrovwer secured by chi's Mcrtgage. Urti+css 'Borrower and LeniNer agree to other te;rrns off payment. stucl¢ <br />amounts shah be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear interest from the <br />date of disbursement at the tau payabk from time to time on outstanding principal under the Note unless payraerrt of <br />interest at such rate would be contrary to appli~ble taw, in which event such amounts ,halt bear interest at the highest tact <br />permissibk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur z_:, expe~e or take <br />any action hereunder. <br />8. faspectioa. Lender may make or cause 20 be made reasonable entries upon and inspections of the Property, provided <br />that Lender snarl give Borrower mice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnatbn. 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, cr 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 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 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 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 />mailed, I:ender is authorized to collect and apply the proceeds. at Lenders 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 I and 2 hereof or change the amount of <br />such installments. <br />10. Harrower 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 Borrower's successors in interest. Lender shall not be requved to commence <br />prorxedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by mason of any demand made by the original Borrower and Borrower's successors in interest. <br />i i. Forioearance 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 preelude 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 />iL Remedies Cnmaladve. Atl remedies provided i.^. 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. Successors and As~gns Sound; Joint and Several I.iabBity; 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. Ail covenants and agreements of Borrower shall be joint and severat. <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. 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 nonce to Lender as provided herein, and <br />(b) any notice to Lender shalt 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; Governing Law; Severability. 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 />real property. This Mortgage shall be 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 taw, such conflict shall not affect <br />other provisions of this Mortgage or the Note which eau be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be seversble. <br />16. Borrower's Copy. Borrower shalt be furnished a conformed copy of the Nate and of this Mortgage at the tithe <br />of execution or after recordation hereof. <br />17. Tramfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or trsrsfered <br />by Borrower without Lender's prior written consent, exciudirg (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, tb) 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 />no[ containing an eptio:. to purchase, Lender may, at Lender's optian, 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 tratsfer. Lender <br />and the person to whom the Property is to be sold or transfereed 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, 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 snail 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 faits 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 hereof. <br />Naar-UNIFORM CovaN,srtrs. Borrower and Lender further covenant and agree as foltosvs: <br />18. AeceMratiae; Remedks. Faeept m provided 3a paragraph 11 hereof, npos Borrower a breach of any covenant ~ <br />tgraement of Borrower fa this! Mortgage, hxhsdhrg the covenants to pay when due aey sums secured by t61a Mortgage, <br />Leader prior to scabkratiea slt>~ mail notke to 8orror-er as provhkd la paragraph 14 hereof specifying: tl) the breach; <br />(2) the s¢ctian required to cnvt wen breath; {3) a date, rot Mss than 30 days from the date the notice M mmled to Borrower, <br />by whkh web breach meat be eared; and (4) that fa8nre to care such breach oa or betorc the date specified io the notice <br />mr(y result in accderatioa of the souse secured by this Mortgage, foreclosure by jndkial proceeding and sak o[ the Property. <br />The n~lce ahrdl Gather hdorm Borrower of the right to ramie after acceeration and the right to assert to the forecbsare <br />proceeding the nos-a:isfeace of a defaah or aRy other defense of Borrower to acceeration and foreclowre. Tf the breach <br />.k sot coxed on or before the date spect®ed hs the ~soHce, Leader aQ LendePs option may declare ad of the awns secured by <br />1Ma Martgo;e to be immediatdy due and payabk whhant tarlher deasand and stay foreclose by judkisl proceeding. Lender <br />abaB be entitled ~ coHeet is arch proceeding aY expem¢es M foreclosure, including, but trot Ihnited to, costs of docnmeatary <br />evidence, a6etracb sad ttlle report:, <br />24. Borrower's Right to ReiAMate. Notwithstanding Leer's acceleration of the sums secured by this Mortgage, <br />Borrower shaft have its right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />