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.." <br />7- 1,1i~,u "` ~ ~ <br />~~;1~ <br />Leade~ls uwriirten agrsemtttt or applleable loan. Borrowt~r strap par ttx arx+€rum of aYl mn+r~rglg~gs irsurartrz prtMnin~nrrs in the <br />mrmntr ptovarbxr utader paragraph 2 bereaf. <br />Arty amourus dislxrttxd by Lender pursuaant to rhls paragraph ?. with irrter~t ttreraxs, shall became additisraa3 <br />it~ebtedness of Borrower secured bf' this Mortgage. t..'nless Borrower arm Lrnder agrce to otlxr terms of payrae;st, stub <br />amtxtnts than tx payable upon natict from Lender to Borrawrr ret;ue;tirtg payrttrt tlterenf, and xtail bear irtteres* from the <br />date of diaburaentcnt ai the raft payable from tiatc to ume on outstanding principal under the Note unless payteertt of <br />irtter~t at torch rate would be contrary to applicable law. in which event stxh a++tcuats shaif bear imtttsf at the highest rats <br />permisst'ble under applicable law. Nothing corttairted in this paragraph 7 shall require Ltndtt to irta~z any exprnx or taut <br />arty action hereunder. <br />d• iiopeetfa. t_trtder may make or cause to be made reasonable entries upon and inspections of tbe r"sroperty, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lrndefs <br />...: ,. rev PrnnertY. <br />~t9. Cwdemndion. 'be proceeds of an;• award or claim fvr uan~sges. d.. - ,o,:,.~~~nryat, in connection witfi any <br />candemnatian or other taking of the Property, or part thereof, or for conveyance in situ of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />to the evrnt 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 tbe Property, unless Borrower and Lender <br />otherwise agree in writing, there shalt be applied to the sums secured by [his Mortgage such proportion of the proceeds <br />as is equal to that proportton 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 ttte 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 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 Leader's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Un}ess Lender and Borrower otherwise agrce in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the mcmhly iratallmrnts referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Rtkased. Extension of the time for payment or modification of amortization. of the sums secured <br />by this Mortgage granted by Lcndet to any successor in interest of Borrower shall not operate to release, in any manner, <br />eke liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to continence <br />proccedings against such successor or refuse to extend time for payment or otherwise modify amortization of the aorta <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borcower's successors in interest. <br />11. lrorbeataoee by bender Not a 'fVaiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable few, shall Trot be a waiver of or prtxlude 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 W accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Camnlati-e. 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 successively. <br />13. Saccs~ors sod Assigns Bound; Joint aml Several f.isbt'Bty; Captions. Tht 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 paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notke. 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 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 requested. *.o Lenders address stag 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 shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />1B. Uniform Mortgage; Governing Law; Severeb@ity. 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 shall be governed by the law of ibe jurisdiction in which the Property is located. In the <br />event Yhat any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shat! not affect <br />other provisions of this Mortgage or the: Note which can be given effect without the conflicting provision, and to this <br />ertd the provisions of the Mortgage and the Note are declared to be severable. <br />lei. Borirower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution ar after recordation hereof. <br />17. Traasfa of the Property; Aseamption. 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 ar encumbrahce subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by device, <br />descent or by 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 coMairing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />imtediately due and payable. Leader shalt 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 shall be at such rate as Lander <br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, sad if Borrower's successor in <br />interest bas 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 exeacises such option to accelerate, Lender shall mail Borrower notice of acceleration is accordance with <br />paragraph 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 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 remedifa permitted by paragraph lg hereof. <br />Nox-Uxttnsst Covexaxrs. Borrower and Lender further covenant and agrce as follows: <br />li. Accderatioa; Rem Fscept m provided ie paragraph t7 btreof, upon Borrower's breach of nay covenant or <br />a;reeme~ o[ Borrower in this MoetgMs, including the covemnts tc pay when d~ any sates scented 6y this Mortgage, <br />Fender prior to stteieratioa shag ma0 notice to Eorcower as provided to paraRraplt 14 hereof specifying: (1) the breach; <br />{~} the tarfioa rimed to rase each breach; (3) a drtte, ~t Ices ettan 30 days from the date the ea.Hce b maBed to Borrower, <br />6y which such breach meat be cared' acct 44) that tailors to care each breach on or before the date epeciRed is the ttotlce <br />tn,ty hi ~ of the ~ scented by thle Mortsage, foraclosare by jadict~ Proceeding and sale oaf the Property. <br />Tlss eetke ab~_fatN~ iM'eem Borrower ot_tlrc rEgbt to reinstate after accelera8on acct the ~m to assert fn the forech~are <br />pmeeediag ~ pos,-es~eue of a detsa!t. or-any other defetree of Bormxer to acceleratioe ~d foreclosare. If the 6resefi <br />i eat corsd ~ or be[tirt the date specBted fn the sotlee, Lender at Lender's option may declare a0 of the sums sec®red by <br />~ Mortpge-~ 6e immediately doe acct payable wtthont ftartber demand and may foreclose by jndiciaf ptviceeding. Lender <br />aYsA be eatlekd 1a rnllect is roc6 proeeeding sB expeeses of fonclasnrc, inclad6tg, but not Bntited to, casts of docameatary <br />evMeacs, a~racts ate title reports. <br />19. Borrovret'e Right to Rehtsgate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shalt have the right. #o have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />