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<br /> <br />llnder'si writtto uagrtsxatrtt err applicable lanv„ Be~rra,wcr shat! pay file amoium of all rrsairt;~a{ne 'Ensurarx~t prtmiumu in the <br />mamtcr p~tovidecl urptler peregraplh ~' htrtt~f. <br />Arty amottnrcs dialhatraed by fen~ltr Ipurtuwlant t~v this paragraph 7. turirlt itrutrtst tficrean, si9atl Ik~rymc additiwrsai <br />indebtedrxu of 3orrcwer accused by this Mortgage. tin'mcs f3tsrrawtr and Lender agree to other arms of paymerrt, such <br />smarms shall be payable upon »otice from Lender to Borrower reo=.trsirs; payrrrent thtrmf. and shall btu interest from the <br />date of thsMrrscatdtt at the raft payable fret time to time on ocrtstatttdiR+;g principal urtdtr tbe Note unless paymrnt of <br />intertat at such rate wand be contrary ro applicable law, in which sweat sock amounts shad bar interest at the highert raft <br />permiaibk under applicable law. Nothing contained in this paragraph 1 sha21 require Lentter to incur anp expeme or take <br />a~+ action hereunder. <br />>L Jt>apecllsa. Leer may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying ttasana6k cause therefor rtlattd to Lender's <br />interestin the Property. <br />9. Condezsasillott. The proceeds of any award or claim for damages, direst or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for convegance in tiro of condemnation. art hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property, tbe praaxds shall be applied To the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. 1n the event of a partial taking of ttx Property, unless Borrower artd 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 tbe 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 Property is abandoned by Borrower, or if, after notice by Lender to Borrower that tbe condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lrndcr 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 />Lrnless 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 stmu sectttcd <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 Borrowers successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extrnd time for payment or otherwise modify amortization of the soma <br />secured by this Mortgage by reawn of any demand made by the original Borrower and Borrowers successors in interest. <br />11. Fosbearaete by Ir_nder Not a waiver. Any forbearance by Leader in exercising anp eaglet 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 ttntedy. <br />"flee 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 to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies CamolatEve. 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. Socceasors and A~1gos Bouxd; Joint and Several Liab~ty; Captious. The covenants and agreements herein <br />contained shall bind, and the :igh[s hereunder shall inure to, the respeMive successors and assigns of Lender and Borrower, <br />subject to the provisions of puagraph 17 hereof. All covenants sad 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 ttsed 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 antis 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 Lrnder shall be given by certifkd mail, return receipt regtrested. to Lender's address stated herein or to <br />such other addreu as Lettder may designate by notice io Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have bern given to Borrower or tinder when given in the manner designated herein. <br />IS. Uaiior>s Mortg~s; Gmsr~ Law; Sererablfrty. This form of mortgage combines uniform rnvenaats €ar national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security inurttment covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br />evtnt that any provision or ciaux of this Mortgage or the Note conflicts wish applicable law, such confliM shag not affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage sad the Note are declared to be severable. <br />It& Borts;srer's Copp. Borsovrer shelf bt furnished a conformed copy of the Nott and of this Mortgage at the tittx <br />of execution or after recordation hereof. <br />17. Tree of We Property; Aasetaption. 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, tb) the creation of a purchase tnoney security intents[ for household appliances, (c) a transfer by devise, <br />destxnt 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 all the sums secured by this Mortgage to be <br />imrtrsdiakly due and payable. Lender shalt have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the persat 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 tale as Lender <br />shall regtxst. If Leader has waived the option to accelerate provided in this paragraph 17, sad if Borrowers successor in <br />interest has executed a writtrn asstmtption agreemrn[ accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage sad the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shalt provide a period of not less than 30 days from the date the notice is marled within <br />which Borrower may pay the sums declared due. If Bortower fails to pay such sums prior to the expiration of such period, <br />Lender [nay, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nort-Urtronsr Covetvexrs. Borrower and Lender further covenant and agrce a9 follows: <br />Ill. Asceleeados; Resedia. Lrzeept ore prodded in paregrap6 17 hereof, upon Borrower's breach of any corettaet or <br />apeeraenR of Borrower hr rots Morlgttge, ietladiots the covenants to pay when title any name setettd by this Mot~rtge, <br />lepder Arlo: ~ rxcdatskWo trLaB mrt9 aotice to Borrower sa provided ie paragraph 14 6etrtof speclfyhtj: (1) the breach; <br />{~ flee aetloe rtgahed to tws ercl brach; (3) a date,. not tern [ban 30 -days frog the date the ttotlee b mailed to Borrower, <br />6y whkh path breath-smtd fix try-and (4) that fa8ars to trot each breath oa or before the dale specified ht the ttotlee <br />asay t;esnk iie.aean.oEthe arses setersd by this Mort~a, forerhraere by judicial proceeding sad sale of the Ptoper/y. <br />SLe oedcct~ttB itnHter l~~m lorrower of the r16M to reinstate liter aecekratfon and the right to amen is the foredoeure <br />prves~{ fhe bt a ddaeit ar saty other- defense of Borrower to accekrNion and foretlaare. if Ste breach <br />lit [tat tmei ca or lKfore the dais spetilied ~ the anfke, Lender of Lendeda option may deehuY a8 of the seats seettsed by <br />~ IhtoetpBe ~ bt hetaedts~ly tine sad .payable without tnt4knr demand attd may forechtx by jndMlal proceeding. Leader <br />ehaBbaewtNkd to toBett in wth-proeeadln= tdI expeteea of forttloaure, intinding, hot slot lEmked to, costs of docutneatary <br />erfdetxx, •6atnc~ and tale. rsporls. <br />29, BorrawePa Rlj~t to Rehtstats. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower ahsll have the tight w have any proccedings begun by-Lender to enforce this Mortgage discontinued at any time <br />