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~ ~"`' ' ~ ~ <br />Lender's written agrrertunt or appilicalsk law. Borrower sisall pay the arnrauat a€ ai3 m~rrttgage irssurante preari-ems its the <br />ta.anner pr+s+wlided under gsragraph 2 hereof. <br />t0ny amounts disbursed by Lender pursuant to dais pargraph 7, ;;lotto interest thereon, shall became adulitionai <br />indebtedrstss of Borrower secured by this Mortgage. Unless Borrower and Lenc°ar agree to other terms of payment, such <br />amounts steal! be payable upon rsotice from Lender to Borrower requesting payment thereof. sect shall bear imeres~ from the <br />dale of disbarsernent at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable taw: in which evert such amounts shall bear interest at tix highest ratr <br />permissible under applicable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Iaspeetion. Lender may make or cause to be made reasonable 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 />9. Coudemra8on. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or arbor taking of the Property. or pare thereof, or for conveyance in tieu of condemnation, are hereby assigned <br />and shalt 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, ii any, paid io norrower. in the event of a partial faking of the Prooeriy, unless Borrower and Loni,Br <br />otherwise agree in writing. there shall be applied to the sums secured by this Mortgage suer proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to ftte date of <br />taking bears to the fair market value of fhe Property immediately prior to the date of taking, with [he 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 Lenic, 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 instaiiments referred iv in p<ragraphs 1 and 2 he:ccf ar change the a.:.ount of <br />such instalttnents. <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 Borrcwer's successors in interest. Lender shall not be required to commetrce <br />proceedings against sorb 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 6y Center Not a Waiver. Ary 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 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 Cumulative. All 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 6e exercised concurrently, independently or successively. <br />13. Saccemors and Assigns Bound; Joint and Several I.iabr7ity; 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 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 Lenders address stated herein or to <br />such other address as Lender may designate 6y rrotice 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; Severafdfity. This form of mortgage combines uniform covenants for national <br />ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />neat property. This Mortgage shalt 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 confiitts with applicable taw, such conflict shalt not affect <br />other provisions of this Mortgage or 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. Transfer of the Property; Assumption. Tf all or any part of the Property or an interest therein is sold or transfernd <br />by Borrower withou! 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 ieasehoid interest 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 do 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 />1f 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 mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such s~rms 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 />Norr-UrtrrmaM Cuvetvatars. Borrower and Lender further covenant and agree as follows: <br />IB. Accderadoal Retteer~ea. Except ffi provi~d in paragraph l7 hereof, upon Borrower's breach of soy coveeaat or <br />agreement of Bortower la thkt Mortgage, incladittg the covenants !o pay when due any sow secured by this Mortgage, <br />I.e~r prier to aecakratioa sbaH naHce to Borrower as provided in paragraph 14 hereof specifyhtg: (1) the breach; <br />(2) the actias regrdred to core sech breach; (3) a date, sot less than 30 days from the date the pollee N mailed to Borrower, <br />by t-hic5 tmab breae~h m~ he eared: and (4) that faBarc to care sash breach oa ~ befors the date la the pollee <br />rredt ~ ~ aE the wms secured by this Mortgage, foreclosure by jadicLl pructexd~ sad oak ~ the Property. <br />The aotiet ~ ittrther hKorro Borrower of the tigltf fo rehufate after accekratioa sect the right to assert is the foreclosure <br />pruceedbag.tlte noa.eiti.teatt of a defaalt or any -sther debase of Borrower to acceferatioa and forcclosere. T< the breach <br />fs tort daeed o0 or Lefore the date apeckred io the notice, Lendetr at Lsader's option may declare ap of the snarl secured by <br />t~kt Mastgtq{e to be imy das sad payable without tnrther demand and nay forecbse by jndklal proceeding. Leader <br />lu eatkkd to caHect is wch proeeedMg ale expenses ~ foreclosure, htdadfag, bat ant finked to, costs of docanteatary <br />eviience, abstracts a~ tBle rsports. <br />I9. limrowax4 Rfght bar Rei~ue. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shalt have tare right to have say przateediaga begun by Lender to enforce this Mortgage discontinued at any time <br />f.. <br />