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7J-- ~.~'~.~~d~,~7 <br />Lerd~der"~s wrilWtien agretmtnr or a~ulic~~ablc law- Bgprr~cr abort pay t aursc~urts: of alP~ nrairigiegc iawa•~isrrce prtttzii~nns i~mE ~ -'~ <br />matans:r ptawided under paragraph '2 hraervf'. <br />Aay amounts disbursed by Leader pursuant to this para~aph 7, with iptcttst zhereor:, shall become addixional <br />indebtedness of Borrower xcured by thee Mortgage. Linless !larra+.er a~ Lepdu agme to ~hcr texats ~ payrnertt. sxxh <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thrrawt, and shall tzar intesesx from the <br />date of disburserrtertt at the me payable From time to time on outatandiag principal urtdcr the Rote unless paylpeat of <br />interest at such raft would be cmltrary to applicable law, in which wept such amounts shat! bear intetesi at the highest rate <br />permisafbk ursder applicable law. Noshing contained in this paragraph ? shag require Ler~ to incur any expetne or take <br />any action hereunder. <br />f. 7aapecpos. Lender may make or cause to be made reasonable entries etpon and inspections of ibe Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to 1_epder's <br />interest in the Property. <br />4. Coademawtloa. Tbe proceeds of any award or claim for damages, direct or cortsegcemial, in connect!an with any <br />con~emnation or other taking of the Property, or part thereof, or for conveyance in lieu of catdemnatian. 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 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 Harrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the procr>~ <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 pricer 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 thaz 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 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 postpox the due date of the monthly 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 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 [he original Borrower and Borrower's successors in interest. Lender shall nok be required to commence <br />proceedings agaitut 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 wccessars in interest. <br />22. Forbearaece by Lender 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 procuremept of irourattce 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 rpaturiry of the indebtedness secured by this Mortgage. <br />I2. Retne~es CtmtalNire. 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 />23. 3necearora aed Aatigas hound; Joint and Several f,isbitity; Captbas. 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 headipgs 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 for any notice required under applicable law to be given in another manner, (a} any notice io <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certi$ed 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, rerun receipt requested, to Lender's address stated herein or to <br />web other address as Lender may designate by notice to Borrower as provided herein. Any notice provided far in this <br />Mortgage shall be deemed to have been given zo Harrower or Lender when given in the mourner designated herein. <br />2S. UaNorm Mort~e; Goreraiag Law; Severa6idty. 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 the jurisdiction i^ which the Property is lamed. In the <br />event that any provision or cl~~ of this Mortgage or the Note conflicts with applicable law, such conflict steal! not affec*. <br />other 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 />2f.- IlorrowePs Copy. Borrower shall be furnished a conformed copy of the Note acrd of ibis Mortgage at the titre <br />of exectrtion or after recordation hereof. <br />17. Tramfer of the lsropeety; Assumption. If all or any part of the Property or an interest therein is sold or tratrsftrr~ <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 three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare al] the sums secured by this Mortgage to be <br />imtnedia+xly due and payable. Lender shall have waived such option to aceelerate if, prior to the sale or transfer. Lender <br />anti the person to whom the Property is to be sold or transferred reacfi agrcement in writing that the credit of such person <br />is satisfy=gory 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 do accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed s 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 shalt mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of pot less than 36 days from the date fire notice is marled 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 I S hereof. <br />Note-UtvraoatVt Covexetvrs. Borrower and Lender further covenant and agrce as follows: <br />I8. Acedenwlap; Rettredfes. Fscept ae provided io paragraph 17 hereof, apop Borrower's breach of nay cove»nt or <br />of Borrower is this Mortgage, hrctttdiag the coreaaats to qy whm doe any auras aecnred by this Mortsnge, <br />I eater actor to aecekrapon ahaB aatiil notke to Borrower as provided in paragraph 14 hereof apecifyhtg: (1) the brracb; <br />(31 pre acpaa regt~td b slur: atrc6 breach; (3) a date, not leans thap 39 days from the die the aotke ~ mailed fo Borrower, <br />by wMeh ane6 hreit:h meet be cored; mtd (4i plat tailors to care each breach on or before the date sped6ed io the nopce <br />may malt 1a acedeeapoa ~ the mats secured by tltlt Mort{~e, forecbeere by judicial ptocecdipg and sate of the Properly. <br />'[~ oaftce twt6er iMorin Brrrower of ate rf~ht to re~tale after acceleraptn sad she right to atnert ip the tomlosare <br />proeee~-the sop-esiefepee of a defa~l or nay outer debase of Borrower to acceleration amI foreclanrre. if the breach <br />'Ia aet eared an or before the date hr the tapes, leader st Lepdsr'6 option may declare off of the soma secured by <br />ads Morfgr8e io tee immedbtdy dpe attd payable wHhoet farther demand sad may farecloae 6y jttdiciN proceeding. Leader <br />ahaB tretaptkd to eo~ct ip a>rx6 aB espenees of toreclorore, indadleg, but pot limited to, coat of docneaeatary <br />evldeace, absAnc~ trpd tUle reposes. <br />19. Borsowe~b RiELf to R Notwithstaadipg Leader's acceleration of the sums secured by this Mortgage, <br />Borrower shall have tie tight to have ~:ny proceedings-begun by Lettder to enforce this Mortgage discontinued at any time <br />