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79-- ~,v~~i$ <br />Lender's written agreement or applicable taw. Borrower shall pay the amount of ail mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuarf to this paragraph 7, with interest thereon, shalt become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terns of pa}mtent, such <br />amounts shall be payable upon notice from Lender io Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payattnt of <br />interest at such rate would be contran to applicable law, in which event such amounts shalt bear interest at the highest rate <br />permiuible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />a.ny arrinn hetenndsr. <br />g. frspectlor. Lender may make or cause to be mane reasar,ab,e ent^es 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. Comkmratioa, The proceeds of arty award or claim for damages. direct or consequential, in connection with any <br />condemnation or ether 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 partial taking of the Property, unless Harrower and Ixnder <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 ro the date of <br />` taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance , f the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by L.er~ler to Borrower thae 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, Lender is authorized to collect and apply the proceeds, at Lender's option, ei¢her to restoration oe repair of the <br />Property or to the sums secured by this Mortgage. <br />i)nless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shah 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 />1©. 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 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 amortizatiun 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 NM a R'siver. 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 remedy. <br />The procurement of insurance or the payment of taxes or ether 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 Cnmulatlve. 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 be exercised concurrently, independently or successively. <br />13. Succe§sors and Assiges gonad; Joint and Several Liab7ity; 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 l7 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 arc 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 eo Borrower at <br />the Property Address ar 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 addre~ as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be dcemed to have been given to Borrower or Lender when given in the manner designated herein. <br />18. Un#orm Mortgage; Governfag Law; Severa6ility. 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 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 nr the Note conflicts with applicable law, such eontlict sha'si oat all°~.t <br />other provisions of this Mortgage or the Note which oan be given effect without the eonfiicting provision, and to this <br />end the provisions of the Aortgage and the Note are dettared to Ire severable. <br />lei. gorrosrer's Caepy, Borrower shalt be furnished a unformed copy of the Note and of this A4artgage at the time <br />of execution or after recordation hereof. <br />17. Tramfer of the Property; Assamption. 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 6y devise, <br />descent or by operation of taw 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, 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 shalt 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 shaft mail Harrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than ?~ 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 may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nara-L1xtM Cavax:,isra. Harrower and Lender further ~venant and agree as follows: <br />18. Accs>mstHor; ltetredtts. 18tccspt m provldsd in paragryeh (7 hereof, epos Borrower's bresci of any covenant or <br />agrtetnert of Borrower in tWs Morltags, iorFndb{ tie rnvenaats to pay when due any sums secured by t61s Mortgage, <br />Lender prior to aec~essdiOn sihap maN roBce to Borrower ~ provided in part~raph 14 hereof specifying: fl) tfse bretxi; <br />(2) tie aeda® rsgdsed t,a erne snot broach; (3) a ~, nut teas 3iaa 36 days from the dtde Me aoNce ~ matted to Borrower. <br />iy wlrlci teach 6reaelt whet bs erred; said (4) tlrat ta9ure to crrre such breach on or before the date specified in the nodce <br />ms(y raroit b ~ of tit wrm secured by this Moms, foreclosure by judicial proceeding and oak of the Property. <br />'t'he ttolke tnrtier latfeeen 1orrower of G`s right to rcimtate after acctkratior and the right to assert in tiE foreclosure <br />pr+octaBag tie mn-ettittnce ~ a ddank or any otter defense of Borrower to ascekratloo and foreclosure. !t the breach <br />is aaE caned or or 6efort tie date to tie rtatlcr, Linder at Lender's optba may decLre all of the sums secured by <br />Ibis Martgaee W be tntmsdlatdy dos and payaik without [artier demand and may foreclose by iudkial proceedngg. Lender <br />!YftB be ertkled h coi4sct In srci pmceedlr= ag ettpeases of toreclosure, iacludiur, bet not limied to, axis of docnmertary <br />eviletase, a6sirnek and tMk rcpnrk. <br />lA. Horrowa'a R6git1 to 1k+tirstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />'.r: <br />