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~' <br />7~--- Lit ~- . ~ <br />Lenuler's written agravnent ar appt:cabl~e law. Borrower stroll pay the amrtrm of all mortgage insurance pxerttiuttrs ir, xhs <br />manner provided under paragraph 2 hereof. <br />Aay amounts disburstd by Lender pursuant to ilti3 paragraph 7, with inurest therttxs, shad bex;o:rt additianai <br />indebtedness of Borrower secut+ed by this Mortgage. Unless Borrower and Lender agree to a'iher terms of payment. vsh <br />atnaunts shall be payable upon aotitx from Lender to Borrower requesting payment thereof. and shall bear interest from the <br />date of disburserreent at the rate payable from time W time on outstanding principal under the Note tmtess paytrtertt of <br />interest at torch rate would be tprrttary to applicable taw, in which event such amoams shah bear ineerest at the highest rate <br />pt:rtniutbk under applicablo law. Nothing contained in this paragraph 7 shall require Lender to incur any ezpertse ar take <br />aay action hereunder. <br />& Isnpectbu. Lender may make or cattle to be made reasonable entries upon and inspections of the Property. provided <br />that Lander shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lrnder's <br />interest in the Praperty. <br />9. Condemrratbn. 'The procceds of any award or claim for damages. direct or conseq•.rential, in connxtion 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 aha11 be paid to Lender. <br />In flee event of a total taking of the Property. the proceeds shall be applied to rho sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. Sn the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured 6y this Mortgage such proportion of the proceeds <br />as is e_n::at to thgt nrnmrtinn wt•.irfi fkn ~renun: n, :}.n r.:mc ~rs:rx_ 4v rh7~ MnnTgP : _ a;_r.1y .. .. A,e Aete ..r <br />Lakin bears to the fair market value of the Pra ,,tier t_ <br />g perty immediately prior to-the date of taking..with the baloace of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice tsY Ixnder to Borrower that the condemnor afft:rs 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 procceds. at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />I)n125S Lender and BOrrOwer Otherwise agree in u~ri[jng any c_uch annlirarinn of pr~r~v#e ton oat abort not extelyd <br />ar postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof orschange the amount of <br />such ins4allments. <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 manrrer, <br />the iiabiliiy of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />procced'engs against such successor or refuse to extend time for payment or otherwise modify amortization 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. Forbearaase by Letrder Not a Waiver. 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 procoremenf of insurance or the payment of taxes 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. Remedies C~ahNF-e. AlI 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. Sacesssors and Assign Boosd; Joint and Several I.iabBlty; Captloas. 77re 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 />subjeM 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. Notice. Except far 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, to Lender's address stated herein or to <br />such othee addre~ 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 designates herein. <br />1S. Uniform Mortg~e; Governing Law; SeveraMBty. "This form of mortgage combines uniform covenants for national <br />use and non-uniform wvenants with limited variations 6y jurisdiction to constitute a uniform security instrument covering <br />real property< This Mat4gage shall be governed by the law of the jurisdiction in which the Property is located. Ia the <br />went That any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shalt not affect <br />other pravrseons of this Mortgage or the Note which can be given effect without the confliMing provision, and to thi <br />end the provisions o€ the Mortgage and the idols are declared to be severable. <br />16. Borrower'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 />1?. Transfer of the ]troperty; Assumption. 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 throe 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 acxelerate if, prior to the sale or traaafec Lender <br />and the person to whom the Property is to be sold or transferred reach agrcement in writing that the credit of such person <br />is satisfactory to Lender and Lhat 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 asvttmption agreement accepted in writing by' Lender, Leader shall release Borrower from alt <br />obligations under this Mortgage and the Note. <br />If Leader exercises such option to accelerate, Lender shall mail liorcower notice of accekretion in accordance with <br />paragraph 14 hsreof. Such notice shall provide a period of oat 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 t8 hereof. <br />Note-UNIFORlA Covetvnrers. Borrower and Lender further covenant and agrce as follows: <br />1R Accslsnrtbn; Rsmedlea. F,acept as provWed in paragraph i7 hereof, neon Borrower's brsach of any rnvesaat or <br />agrcement of Jsorrorrer in fhi Mortgags, including the rnvenants to pay when due env sums sectrred by thi Mortgage, <br />Leader pttbr to accekra8on shell ma0 notice to Borrower as provided in paragraph 14 6rreof specifying: (lj the tsreach; <br />(2j tie actiaa ngaired to sets such breach; (3) a dsNe, toot leas than 30 days from the date the notice i mailed to Borrower, <br />Try wlicb ouch ~h moat be cured; and (4) that fa0arc to care sack breach an or before the date specified in the notice <br />may rssalt in rxcelendon of the saws secured by fhi Mortgage, foreclosure by jadicia! proceeding sad sale ~ the Property. <br />Tire ~afke dsaB fnrther inform Brower of the r1gM to reinstate after accderation and the right to amen in the foreclosure <br />proems the non-e>deteose of a default or aay other de#eme of Borrower is asceleratioo and forcclosnre. If the breach <br />i rot etseetD on or 6eforre the date speci';+ed in the noose, Leer at Lender's option may declare all of tle soma cured by <br />ifib Mort~t to tie immediortdy tint and payable wifhoat furiber demand sad may foreclose by jndisial praceedtog. Colder <br />~ be setitied to coact ~ aocb proetxdin= aB expemes of forcelosare, inclsdiog, bat trot Bmked to, costs of documentary <br />evidence, abstrpsi amt title re~orb. <br />19. Dotrawsts 1Rigitt ~ Rsisstate. Notwithstanding Lender's acceleration of the sxtms secured by this Mortgage, <br />Borrower shall have the right ro have any proceedings begun by Lender to enforce this Morgage discontinued at any time <br />