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Lender's. written agtretrtent or applicable law. Borroc+t;r shalt pay zlae ansouot of all rnortgz<ge irtsttnnce premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with imcrat iheraort, stroll bocome additional <br />indebtedness of Borrower encored by this Mortgage. Unins Borro++^er and Lender agree to other terms of paymer#. such <br />~ amounts steal) be payable upon notice from Lender to Borrower requesting payment theru+f. and shall bear interest from the <br />{` date of disbtrrsetttent at the rate payable from ti:rte w time on otriatanding principal under the Nee tmkss payment of <br />,, ~ interest ai such rate would be contrary to applicable law, in which e~.ent sxh ameurtu shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 stroll require Linder to incur any expe;~ or take <br />arty aetictt hereutder. <br />$. TtsapeeHo®. Lender may make or cause to be made reasonable entries upfin and inspections of the Property. provided <br />that Lender shalt give $orrower notice prior to any such inspection specifying reasonable Cause therefor related to Lender's <br />(~ i:terest in the Property. <br />r-: 9. Condemna8on. The proceeds of any award or claim for damages, direct or consequcntiai, in cvnrra.i.^.: Wilt any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assiamted <br />and shall be paid to Lendez. <br />In the event of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. 7n the event of a partial taking of the Property, unless $orower 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 sate 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 rnndemrwr 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, 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 1 and 2 hereof or change the amount of <br />such installments. <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 Borrower's successors in interest. Lender shall no[ be required to commence <br />protxedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by tfiis Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Parbeaeanee by Leader Not a Wairer. 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 other liens or charges by Lender shall net be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Ct®abtflve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by !aw or equity. and may be exercised concurrently. independently or successively. <br />13. Saccemors and Assigns Bound; Joint and Several Liabt7ity; Capdotts 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 pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Natke. Except for any notice required under applicable law [o 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 />fb) any rtofice to Lender shall be given by certified mail, return receipt requested. to Leader'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 bean given to Borrower or Lender when given in the manner designated herein. <br />15. UaNotm Mortgage; Governing Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and Cron-uniform eavenants with Iimited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shah be governed by the taw of the jurisdiction in which the Property is located. In the <br />event that any prrnision or clause of this Mortgage or the Note conflicts with applicable law, such conflict steal} not affect <br />other pt~visiotts 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 />i6. 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. Tra~fer of the Property; A~umption. 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 crearon 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 /tit the grant of any leasehold interest of three years or leu <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 venom the Property is [o 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 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 ]d 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 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 />Note-UxtFaaM Covetvexss. Borrower and Lender further covenant and agree as follows: <br />I8. Accderatbn; Remedies. Fscept as provided is paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Harrower iA this Mortgage, inciudi~ the covenants to pay when due any sums secured try this Mortgage, <br />Loader prior to accekrattion trhaQ maB ratite to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />{2) the aatios rr~ed to cure secb breach; (3) a date, not Tess than 30 days from tfie date the notice fs mailed to Borrower, <br />' 6y wbieb each brtatch 6e cured; and {4} that failure to core such breach no or before the date sperafred in the noflce <br />taay resaB ig aceetErafien of the sums secured by this Mortgage, forecbsure by judicial proceeding and sale of the Property. <br />7'he aotlee ahdl fmtha hform Borrower o[ ttx right to reiaside after acceleration and the right to assert is the forecbsnre <br />prod the mn-eiistence of a default or any other defense of Borrower to accekrstion and forecl~ttre. If fhe breach <br />le eel cured os or before the date speei0ed in the notice, Lender at [,euder's option may declare aU at the sutras secured by <br />tide Monpae to be immedialely due and payable without further dammed and may foreclose 6y judicial proceeding. Leader <br />sba11)a etalifled W collect is each proeeedir>& all aaper~es of fomlosure, iacluditrg, but not linked to, costs of documentary <br />evtdeace, abstracts and tkk rtporis. <br />19. lgosrovret's i°tight to Rei~~e. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Leader to enforce this Mortgage diseontinued at any time <br />