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~^-- <br />'i <br />Y i' 'M~l ~~ ?/~f t! M <br />Leader's,'a^riitttn agrumlxtt or appticaitle law. T3onoowtr' sliatl pay the s~+m+ of vtl morigagt irn~Ylraad:C la=trr_iiur~ in the <br />manxur ~r`ov'tdcd under paragr:ph 2 ',M:rwi. <br />Any amounts disbursed b}' Lender pursuant to this paragraph 7. with iarcrost thereon, shalt tsrcorrfe additioritl <br />indtb!tdrttas of Borrower secured ley this Martgagc. L`ntess Borrower nerd Landes agm ro other terms of payment, such <br />araotnita shaft be payable upon notice from Ltisder to Borrower requening payttxnt tfiertof, and shall bear interest front lire <br />daft of disiniracme:it aY the rate payabe from tip to time on auntanding principal under the Note unless paym~at of <br />interest at such rats would be txmtrary to applicable law, in which went such amounts shalt tzar imtrest at the higttes! raft <br />pernsisa'ble antler applicable law. Nothing contained in this paragraph 7 shalt require Lender to inwr any exprnx ~ take <br />arty action hereundu. <br />t<. laspec73rm, Lender :nay make or cause to be made reasonable enxrits upon acrd inspections of ibe Property, provided <br />that Lender shad give Borrower notice prior to any such inspection specifying reasonable muse ibetefar related to Lender's <br />interest in tbe Property. <br />9. C.eedenumtlon, The proceeds of any award or claim for damages. direct ar consequential, in contuction with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance it '"~_u 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 shalt 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 Borrower and Lender <br />otherwise agrce in writing, there shall be applied to the sums secured by this Mort3age 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 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 Ptoptrty is abandoned by Borrower, or if, after noeice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days afrer the date such notice is <br />maim, Lender is authattized fo colleU and apply the proceeds, ai 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 tHberwix agree in writing, any such application of proceeds to principal sha0 ntx extend <br />or postpone ifie due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount tsf <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 Mot~gage granted by Ixitder to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borsower's successors in interest. Lender shat! not be required to commence <br />proceedmgs against such sttecessor or refuse to extend time for payment or otherwise modify amortization of the sums <br />securt~ b3` this Mortgage by reason of any demand made by the original Borrower and Borrower's succeswn in irrterost. <br />il. Forbpiraiom by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or romedy hereunder, or <br />otherwise 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 shalt not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedisa C®rulatlve. Atl 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 successively. <br />13. Sacenaswa and Bound; Joint and Several 1.~biBty; Csptfoas. The covenants and agreements heroin <br />contained shall hied, and the rights hereunder shalt-inure to, the respective successors and assigns of Lender and Borrower, <br />subjeM to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shaii be joint and xveral. <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. Nodee. Except for any notice required under applicable law to be given in another tttaitner, (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, amt <br />(b) any notice to Lender shaii be 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 berein. Any notice provided for in this <br />Mortgage shall ire termed to have barn given to Borrower ar Lender when given in the manner designated herein. <br />15. UnRorm Mortgage Governing Law; Severa6gily. This form of mortgage rnmbitxs uniform rnvenants for national <br />ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument rnveting <br />teat propert7;. 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 with applicable law, such conflict strati not affect <br />other provisions of this Mortgage or the Nate which can be given effect withant the conflicting provision, and to this <br />end itte provisions of the Mortgage and the Note are declared to be severable. <br />iti. Borrower's Cry. Borrower chaff be furnished a conformed Dopy of iht Noit and of ibis Martga~ at the time <br />of txecutian or after recordation hereof. <br />lT. Transfer of tiro ltropaty; A~mption. 1f 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 Tien 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 6y operation of law 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 m purchax, 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 Prtrperty is to be sold or transferred reach agrcement in writing chat the credit of such person <br />is satisfactory to Lender aitd that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall tsxlueat. if Lender bas waived the option to accelerate provided in this paragraph t7, and if Borrower's successor in <br />inrorest has executed a written assumption agreement accepted in writing by Lender, Lender shaft releax Borrower from all <br />obligations under this Mortgage and the Note. <br />If under exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such Halite shalt provide a period of Hat less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails ro 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 t 8 hereof. <br />Nox-Unrti~oans Cavertetvrs. Borrower and Lender further covenant and agree as follows: ;_,~ <br />1g. Accderattom Remedka. Except >6 provided in paragraph 17 hereof, upon Borrower's breath of any coveoat or <br />agreement of Bartnsrer M tlrfr Mortgage, ieclading the covenants to pay when tine any salsas secured by this Morlgsge, <br />Leander peter ba actdualiaa s1arB rnaB notice to 19oerower a prorided in paragraph 14 herof specifying: tl) the broth; <br />{3j tLe aetleo reepdeed M edam saieh beeaeh; (3j a ~, net teat than 30 days from the date the notice 18 mailed to Borrower, <br />by whieli stech breach meet 6e s~ and {4) that faBere to tart sech hearth tw or before the date specified in the tsotice <br />mat santt to tkedesa~on of the cetme"aerated by ebb Mortgage, fomlware 6y mobil, proceeding anti sale ~ the 1Property. <br />The saline shoB iwther worm Borrower of /hc right fe reimlme after acceleratlon and the rtgbt to assert is the foreeltrsare <br />the non-ez~acs of a dei~tt .t any other defense of Borrower to acceler~ioa and foreciasare. II the breach <br />B sat raced-oa or before the die mad is the aetlee, leader at Lender's optba may declare aB of the snms secured by <br />tffis Mortgago to be imme~u0dy tine anti payabb wilhoet further demand and may foreclose by judidal proceeding. Lender <br />be etatltlad to ciiNaet ~ rich proceeding aB eapeasas of torexbsnre, lnctndiag, bet not Bmtted to, torts of documentary <br />evfdeaee, rdtatracH and tale teparb. <br />3i9. Eairrowte:'s BJgit to AeinNaee. Notwithstanding Lender's acceferatioii of the sums secured by this Mortgage, <br />Borrower shall have the tight to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />