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<br /> <br />Lender's written agreement or applicable law. Borrower shall pay the amouar ~ ail mortgage insurance premiums in the <br />maattcr provided under paragraph 2 hereof. <br />Any amoums disbursed by Lender pursuant to thin paragraph 7. with uttereu thereon. shall becomt additional <br />indebtedness of &•rrower secured by tfiis Mortgage. tn}ess Borrower and Lender a~ec to +otlsct urns of payrnem, such <br />amounts shall be payable upon naxe trout Ltmdcr to Borrower requesting payr.,znt tfitreof. and shall bn_r interest from the <br />date of dnburxrnertt at the rate payable from time to time on txmtandmg principal under the Note unless payrnart of <br />intsrest at such rate would be contrary io applicable taw. in wfiich event such amounts shag bear interest at the highest rate <br />permisatbk under applicable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expetge or take <br />any action hecEttader. <br />H. taspectiosr. Letsber may makt or cause to be made reasonable entries upon and inspections of tbe Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor rotated to Lender's <br />interest in the Property. <br />9. Cmdemaatba. The proceeds of any award or claim for damages, direct or consequential, in conntxtion with any <br />condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation, are h~rcby 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 Harrower and Lender <br />otherwise agrce 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 the date of <br />taking bears to the fair market value of the Property immediately pricer to the date of taking, with ttte 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 n <br />mailed, Len~r is authorized to cotta`-t 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 />UNess 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 cfiange the amount of <br />such installments. <br />10. Eorrower Not Rtdeased. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage grantc~l by Lender fo any succes-ear in inttre<r of Borrower shall not operate to release. in any maatter, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against such sutxessar or refuse to extend time far payment or otherwise modify amortization of the sums <br />secured by [his Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interai. <br />11. Forbearance 6y Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />arherwise afforded by applicable taw, shall oat be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of imurance or the payment of taxes or other liens or charges 6y Lender shalt not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Rearte~es Camtrlalive. Ail remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity, and may he exercised concurrently, independently or successively. <br />13. Saecessors sad Assigns Hooted; lohrt and Severer (.iab8ity; Captioro. The covenants and agreemenu herein <br />catttained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, <br />subjtet to the provisions of paragraph 17 hereof. All covenants and agrcements of Borrower shall be joint and several. <br />The captions and hradings 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. Natke. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borraever 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 rtotice to Lender as provided herein, and <br />(6) any notice to Lender shall be given by certified mail, ret4~rt receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any rtotice provided for in this <br />Mortgage sfiali be deemed to have been given to Borrower or !,ender when given in the manner designated herein. <br />15. Uniform Mortgage; Govera®g Law; Severabitity. This form of mortgage combines uniform covenants for national <br />ure and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrttmcnt rnvering <br />real propt:rty. This Mortgage shall be goverrted by the law of the jurisdiction in which the Property is Sacatcd. In the <br />event that any provision or clause of this Mortgage or the Nate conflicts with applicable taw, such conflict shall not affect <br />other provisions of [his 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 />16. Eorrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. TraosFer of the Property; Assumption. If all or any part of the Property ar 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, fc) a transfer by deviu, <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 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 Property is to be sold or transferred reach agrcement 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 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 asstunption agreement accepted in writing by Lender, Lender shall release Borrower from cell <br />obligations under this Mortgage and 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 shall 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 Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender way, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nox-Urttroatt Ctrvertetrrs. Borrower and Lender further covenant and agree as follows: <br />Ifi. Aecekratioa; Remedies. )accept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />apsemeat M Borrower fn this Mortgage, uutading the covenants to pay whrn doe say soma secured by thk Mortgage, <br />Leader prior to aecekratloa ehaB mail notice to Harrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) ere action rtegolrad to carte sach 6reacb; {3) a date, cwt leas than 38 days from the date the notice is mailed to Borrower, <br />by wideh saeb breach-mart fee cured; sad (4) that taihere to cure sac6 breach on or trdore the date specified in the ttofke <br />sfq~ rttite{t )e x+ederstba of the sums atxcred by this Mortgage, foreclosure by Judkial proceedna6 and sale of the Property. <br />'the aofke ~ irrther hrfocm Eocrower of the right to rehntste after acceleradon and the right to assert in ttre foreclosure <br />dtve the ^oa~erdateace d a de[aatt or soy other defense of Borrower to acceleration and forrcloasre. <f the breu6 <br />is not cured txe or be[ore tlae date specified is the notice, Lender at Larder's option may declare aB of the amts secured by <br />Ihk Mortg~t: to be 3masiy-due and payable srlthout turther demand aced nuy farecksc by judicial proceedi~. Lender <br />~ he eadUed to caBeet ~ such pT ~ expanses of foreclosure, facludbtg, but ant Smked to, casts of dacameutary <br />evhieace, abrtracb sad ill4e reparb. <br />19. Borrower's R'~ ~ Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right fo have any proeeetlings begun by Lender to enforce this Mortgage discontinued at any time <br />