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<br />fat+nder's written rtgra:ement ere appt'icablc law, Borroasr sh~iiE pay + amoun*. Hof all mortgage insurance premiums ir; the <br />manor pr°avisied under paragraphs ,~. hereraf. <br />Any amounts disbursed by l.,tnder pursuant ro this ;paragraph 7. wiitit irtrerest thcrec+n„ shall became addrt;opal <br />intd~btedrress of Borrower secured by this Mortgage. 1L,'rr3ess Borrower .apd I.epder agree to other terms aE payment, such <br />amounts shalt lre payable upon notice from Lender to Harrower requesting payment thereof. and shall hear interest from the <br />date of disbutacment az the rau payable from time to time on outstanding principal under the Notr. unless paymrnt of <br />interest at atteb rate would be contrary to applicable law, in which cvrnt such amounts shalt liar interest at the hig}aest rite <br />permissible under app#icabk law. Nothing captained in this paragraph 7 shall require Lender w ixur any expense er take <br />any action hereurder. <br />8. I>sspection, Lender may make or cause to be made reasonable entries upon and inspections of t}x Property, provided <br />that Lender shall give Borrower notict prior to any such inspection specifying reasonable cause therefor related to Lrnder's <br />interest in the Property. <br />9. Coeultensatba, The proceeds of any award or claim for damages, direct or consequrntial, in Connection with arry <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 [xnder. <br />In the evrnt of a total taking of the Property. the proceeds shat[ be applied to the sums secured by this Mortgage, <br />wah t;~e tacctis, if any, paid to Borrower. In the went of a partial taking of the Property, unless Borrower and Lender <br />otherwise agrce 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 [hc amount of the sums secured by this Mortgage imm~diatety pror to the date of <br />taking bears to the fair market vals~ 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 Harrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respopd 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 t and 2 hereof or change the amount of <br />such installments. <br />10. iffonower Not Released. Extension of the time for payment or modification of amortization of the sums scented <br />by this M.artgage granted by Lander 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 Lender Net a wdvcr. Any forbearance by Lepdcr in exercising any right or remedy hereutrder, of <br />athetwise afforded by applicable law, 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 Camabrflve. 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 snecessivety. <br />13. Successors and Assns Bound; Joiot nerd Several i.iabilify; Captions. The covenants and agreements heron <br />contained shall bind, apd 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 6y mailing such notice by certified mail addressed to Borrower at <br />the Property Address ar at s±~ch other address as Sorroxer may designate by nadce to Lender as provided herein, and <br />(b) any notice to Lender shall lre 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 />13. Uniform Mortgage; t;overning law; SeversbllMy. This form of mortgage combines uniform covenants for national <br />ust and non-uniform covenants with limited vaziations by jurisdiction to constitute a uniform security instrument covetting <br />rest 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 4'sis Mortgage or the Note conflicts with applicable law, such conflict shall not aLfcet <br />other provisions of this Mortgage or the Note which can be given effect without the eanflieting 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 flee Note and of this Mortgage at the lino <br />of execution or after recordation hereof. <br />17. 'Itar~fer of the Property; Aas[emptiaa. 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 rncumbrahce 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 Iaw upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or Less <br />not containing an option to purchase, [.ender may, a[ 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 Cho person to whom the Property is to be sold or transferred reach agrcement 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 [his pa+agraph 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 aad the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 herrof. Such notice shall provide a pertiod of not Tess than 30 days from the date the notice is marled 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 permitteu by paragraph 18 hereof. <br />Nctrt-UatlFnau Cov~aratvTS. Borrower apd Lender further covenant and agree as follows: <br />li. eratian; Rer. 1?acept m provided iu paea8rap6 1? hereof, upon 1orrower's breach of any coveaant or <br />agreement of Borrower ~ fbis Mort~e, including the covenants to pay whoa due any soma secured by this Morl~e, <br />Leader pier to actekrtdisat ~ ma0 aotke to Borrower ~ provided in paragraph i4 harems specifyLetg: (1) the breaeb; <br />{Z) fbt rtµ~ed b care s~ beeaeh; (3} s , not leas than 30 days frost the drde the notice ~ maBed to Borroarrer, <br />67 wbfsh tab 6reacb Tae caged; and (a) that EaBaee m once such bresch on or before the date specttied in the notice <br />rattp resale ~ aBon of ~ »~ secured by ~ MBe, foreclosure by judicial pr~dip6 and ~ ~ the Property. <br />The istice ~ farther iestocea Borrower o[ Cleo rk6t to reb>rhte after aecsleration aed flee right to assert in the foreclosure <br />the nos-e~ca of a dettadt or any o~ defense of Borrower to acceleration aad foree rf the br+eac6 <br />. lie asd erred on ~ laafore for date br the a slice, Lender at Lenders option may declare aB of the sums secured by <br />tEb Mew to be 6taaedlWaly doe amt payable witboat farther demand and may forsclose by jmlicial proceeding. Lender <br />shrB be d fe eo8ect ~ each praeee a8 a[pemes of fomlware, iuzlediag, loot not limited to, cods of docurueatary <br />evli~ee, abstruB mad t#te reporta• <br />ltl. Boreowa's Right to Retmtate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Bartower shag have the tight to have any proceedings begun by Lender to enforce this Mortgage discontinued at spy time <br />, , <br />1 <br />