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?"-~- t~i~~~~~3 <br />Lerodcr's written agreement or applicable taw.. Borrower sha21 pay the amount of a21 mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amotrnis disbursed by Lender pursuant to this paragraph 7, with .interest thereon, sha21 become additional <br />indebtedness of Borrowe, secured by this Mortgage. Unless Borrower and Lender agree to ether terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payr..ent thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to -time on outstanding principal under the Nate unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable )aw. Nothing contained in this paragraph 7 shall require Lender to incur any expetrse or take <br />any action htreunder. <br />8. Impaction. Lender may make or cause to be made reasonable entries upon and inspections of foe Property, provided <br />that Lender shall give Honower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condetmaatba. The proceeds of any award or claim for damages. direct or consequential, in connection with any <br />crondemnation 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 sum, secured by this Mortgage, <br />with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, u^.less 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 marks[ 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 Bonower that the condemnor offers to make <br />an award or settle a claim for damages, Bonower 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, 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 io principal shall not ezttatd <br />or postporn the due date of the tnonthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the lime for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, <br />the liability of tht original Bonower and Borrowers successors in interest. Lender shall not be required to ca-nmsnce <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortitttion of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Bonawers successors in interest. <br />Il. For6sarsocs by Leader Not a Waiver. Any forbearance by Lender in ezereising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, 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 fazes 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 />22. Itssaedirs C~nlative. All remedies provided in this Mortgage arc 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. Sacceaors aa6 Assigns Bonrid; ieiat and Several f.iabaity; Captions. The covenants and agreement heroin <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 Bonower sha21 be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience Doty and are trot 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 />Bonower 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 requesteu. 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 />IS. Uniform Mortgagr, Goveraiog Law; Severa68ity. This form of mortgage combines uniform covenants for national <br />ure and non-uniform covenants with titnited variations by jurisdiction to constitute a uniform security instrument covering <br />teal 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 wtith applicable taw, such conflict shall not affect <br />ether 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 />1t±. $oric9wer's Copy. Borrower shalt 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; 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 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 Ehree years ar 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 shalt have waived such option to accelerate if, prior to the sale or Iran:far, Lender <br />and the person to whom the Proptrty 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. tf Lender has waived the option to aceelerate provided in this paragraph 17, and ff Borrower's successor in <br />inrorest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Bonower from aA <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceler!ttion in aceordance with <br />paragzaph 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 tray pay the sums declared due. If Bonower 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 />Nax•Utntaoatt Covexnrtrs. Bonower and Lender further covenant and agree as follows: <br />18. Accekratior; Remedies. Escape ss provided is paragraph 17 hereof, npoa Borrower's breach of say covanaat or <br />s`ra of Barrorrer hs this Mortgage, laelatirtg the covenants to pay when doe say same seared by this Morgtage, <br />fsa~r prier Ice acceilera~n shag msfi aotice to Borrower os provided in paragraph 14 herteof apedfyiog: (I) the breach; <br />(Z) She aetiae req~red to-cars each breach; (3) a date,-sot lea tires 30 days from the date the notice is ma0ed b Borrower, <br />by which sseh -mmt be c~• s~ j+i) that-ts8nrs to care each breach on a bt4ors 16e date ~eeffied en the natke <br />®ay taste )B-aeederation at tLe setae securd-bY ~ Mortgage, foreclosere by jadklal proccediag sad sale et the Property. <br />The celiac ~ fmthsr httonr Boreewer of the-right to reimtate otter accekrRioa sad the ri`6t to aaert io the foaecbsore <br />paeseii~ the noace ofa de[as4t or say other defense of Borrower to aceekratioa and fnreehtsare. )ff the breach <br />b eat cared ea or betors.the dots specilfed-ice the notice, Leader at Leader's option stay declare a8 of the sans secured by <br />Ih6 Mortgaps to be y doe trod pyable whhoat fetcher de®sad sod may foreclose by jadkial proceeding. Lender <br />shag he eaWled he collect Isr each proceedtag aM eayrtasa at toreclosnre, {acla~, bat sot BmNed to, torts of docameahry <br />evideees, aber2eticR sad two rsporCs. <br />1$. 1Berrorre~s ~t tri Bsiaatyts. Notwithstattding Lenders acceleration of the sums secured by this Mortgage, <br />BattLawer shall have [Ire right to have arty pror~dirsgs tttgun by Leniler to enforce this Mortgage discontinued at any time <br />